Johnson v. Department of Water and Power of City of Los Angeles, 71-1671.
| Decision Date | 04 November 1971 |
| Docket Number | No. 71-1671.,71-1671. |
| Citation | 450 F.2d 294 |
| Parties | Willie JOHNSON, Plaintiff-Appellant, v. DEPARTMENT OF WATER AND POWER OF the CITY OF LOS ANGELES, a Municipal Corporation, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Willie Johnson, in pro per.
Gilbert W. Lee, Deputy City Atty., Roger Arnebergh, City Atty., Edward C. Farrell, Chief Asst. City Atty., Ralph Guy Wesson, Asst. City Atty., Los Angeles, Cal., for appellees.
Before CARTER, KILKENNY and CHOY, Circuit Judges.
Willie Johnson appeals from a District Court order dismissing his action under the Civil Rights Acts, 42 U.S.C. § 1981 et seq., with prejudice. The court dismissed the complaint on a variety of grounds, including failure to state a claim under the Acts upon which relief could be granted, the statute of limitations, and res judicata. Since we may affirm on any ground which finds support in the record, Rizal Commercial Banking Corp. v. Putnam, 429 F.2d 1112, 1115 (9th Cir., 1970), we need go no further than to agree that appellant's present action is barred by res judicata.
The facts which appellant alleges in his present complaint, including all the operative facts which give rise to the assertion of liability, are identical with those which have been the subject of three separate actions in the California state courts, one of which was voluntarily dismissed and two of which resulted in final judgment adverse to appellant. The Civil Rights Act affords a remedy defined by federal statute and redressable in the federal courts. But where, as here, the same facts have been the subject of state actions and final judgments have been entered there, the principle of res judicata applies.
Appellant chose to pursue his remedies through the state administrative and judicial systems. He neglected to file his remedial action before the Board of Civil Service Commission until the statute of limitations had tolled. Nevertheless, he received a hearing and a rehearing. The subsequent state court adjudication was not based solely upon the statute of limitations issue, but proceeded to hold independently that appellant's complaint did not indicate any actions of fraud, deceit, or misrepresentation by the defendants resulting in his termination. Appellant had every opportunity to present his side of the case in the state courts.* He cannot now reinstitute the same cause, against the same defendants, based on the same...
To continue reading
Request your trial
-
U.S. v. ITT Rayonier, Inc.
...are applicable here. 7 It is not disputed that the same operative facts gave rise to the two actions. See Johnson v. Dept. of Water & Power of Los Angeles, 450 F.2d 294 (9th Cir. 1971), cert. denied, 405 U.S. 1072, 92 S.Ct. 1525, 31 L.Ed.2d 806 (1972). Of the prerequisites for application o......
-
Lombard v. Board of Ed. of City of New York
...an extension of the res judicata rule did not involve a claim of deprivation of procedural due process, see Johnson v. Department of Water and Power, 450 F.2d 294 (9th Cir. 1971), or the appellant had failed to object to evidence. Coogan v. Cincinnati Bar Ass'n, 431 F.2d 1209 (6th Cir. 1970......
-
Rivera v. Monge
...Court of South Dakota, 511 F.2d 316 (8 Cir., 1975); Shadid v. Oklahoma City, 494 F.2d 1267 (10 Cir., 1974); Johnson v. Department of Water & Power, 450 F.2d 294 (9 Cir., 1971), Cert. Den. 405 U.S. 1072, 92 S.Ct. 1525, 31 L.Ed.2d 806; Spence v. Latting, 512 F.2d 93 (10 Cir., 1970); Scoggin v......
-
Schmidt v. Frank, 74 C 314.
...conclusively litigated in a state court between the same parties it cannot be relitigated in a federal court. Johnson v. Department Of Water And Power, 450 F.2d 294 (9th Cir. 1971); Taylor v. New York City Transit Authority, 433 F.2d 665, 668 (2d Cir. 1970); Murray v. Oswald, 333 F.Supp. 49......