Polsby v. Thompson
| Decision Date | 24 March 2002 |
| Docket Number | No. CIV.A. 01-323(RMU).,CIV.A. 01-323(RMU). |
| Citation | 201 F.Supp.2d 45 |
| Parties | M. Maureen POLSBY, Plaintiff, v. Tommy G. THOMPSON, Secretary, Department of Health and Human Services, Defendant. |
| Court | U.S. District Court — District of Columbia |
M. Maureen Polsby, Washington, DC, Pro Se Plaintiff.
Laurie Weinstein, Assistant United States Attorney, Washington, DC, Counsel for Defendants.
This matter comes before the court upon the defendant's renewed motion to dismiss and the pro se plaintiff's opposed motion for leave to file a second amended complaint. The plaintiff, M. Maureen Polsby, M.D., brings this action against Tommy G. Thompson in his official capacity as the Secretary of the Department of Health and Human Services ("the defendant" or "HHS"), claiming post-employment retaliation and discrimination based on her previous assertion of sex discrimination against the defendant under Title VII. The defendant moves the court to dismiss the plaintiff's case because it is barred by res judicata due to the plaintiff's earlier cases and because this court does not have venue to consider the claims. The defendant also opposes the plaintiff's motion for leave to amend her complaint, arguing that the amendment is futile. For the reasons that follow, the court grants the defendant's renewed motion to dismiss and denies the plaintiff's motion for leave to file a second amended complaint.
The plaintiff originated her line of cases filed in federal district courts in 1988 with a complaint against HHS (hereinafter "Polsby I") alleging employment discrimination and acts of reprisal in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e. See Polsby I Mem. Op. dated Apr. 20, 1995 at 2 n. 2 (citing Civ. No. 88-2344 (D.Md.) (Chasonow, J.)). Subsequently, the plaintiff filed two additional civil actions against HHS, alleging substantively similar matters of discrimination and reprisal. See id. (citing Civ. No. 93-857 (D.Md.) (Chasonow, J.) and Civ. No. 94-3078 (D.Md.) (Chasonow, J.)). United District Judge Chasanow consolidated the plaintiff's complaints and adjudicated all the pending claims in a trial ending in March 1996. See Polsby v. Shalala, 925 F.Supp. 379, 382 (D.Md.1996) (final ruling in Polsby I). In Polsby I, Judge Chasanow granted the plaintiff leave to file seven supplemental documents: three supplements to the complaints, three supplements to the oppositions to defendant's motions to dismiss, and one surreply in support of the opposition. See Polsby I Mem. Op. dated Apr. 20, 1995 at 2 n. 2 (). After the trial in March 1996, Judge Chasanow ruled for the defendant, determining that there had been no gender discrimination. See Polsby, 925 F.Supp. at 396.
After the Polsby I trial concluded, the plaintiff filed a complaint (hereinafter "Polsby II") in the United States District Court for the District of Columbia, alleging a conspiracy among members of the federal government to pre-arrange an adverse outcome of Dr. Polsby's original employment-discrimination case. See Polsby II Am. Compl. at 2. The complaint alleged many of the same facts as those alleged in Polsby I.1 See id.; Polsby, 925 F.Supp. at 379. United States District Judge Kennedy granted the plaintiff leave to amend her complaint three times in Polsby II. See Docket for Polsby v. Milkulski, Civ. No. 97-0611 (D.D.C.) (Kennedy, J.). In Polsby II, because the plaintiff "alleged no facts, reason, or motive to support her conspiracy theories," she failed to state a claim on which relief could be granted. See Polsby II Mem. Op. dated July 12, 1999 at 3, 7; FED. R. CIV. P. 12(b)(6). Judge Kennedy also determined that Dr. Polsby did not have standing under Article III of the Constitution. See Polsby II Mem. Op. dated July 12, 1999 at 4. Thus, Judge Kennedy granted the federal defendants' motion to dismiss Dr. Polsby's complaint. See Polsby II Order dated July 12, 1999 at 1.
Dr. Polsby initiated the present case by filing yet another complaint in federal district court on February 12, 2001. In the instant matter, the court has already granted one motion by the plaintiff for leave to amend her complaint, filed in response to the defendants' motion to dismiss. See Order dated Nov. 8, 2001 at 1. In response, the defendant filed a renewed motion to dismiss arguing res judicata and lack of venue, which Dr. Polsby opposes. The plaintiff seeks leave to file a second amended complaint, and the defendant opposes this motion because the defendant views the amendment as futile. On March 19, 2002, the court ordered the defendant to file a supplement to its motion. See Order dated March 19, 2002. On March 24, 2002, the defendant filed the supplement and, on March 28, 2002, the plaintiff responded.
Res judicata bars a claim when there has been a final judgment on the merits in a prior suit involving the same parties or their privies and the same cause of action. See I.A.M. Nat'l Pension Fund v. Indus. Gear Mfg. Co., 723 F.2d 944, 946-47 (D.C.Cir.1983). The four factors that must exist for res judicata to apply are (1) an identity of parties in both suits; (2) a judgment rendered by a court of competent jurisdiction; (3) a final judgment on the merits; and (4) the same cause of action in both suits. See Brannock Assocs., Inc. v. Capitol 801 Corp., 807 F.Supp. 127, 134 (D.D.C.1992) (citing U.S. Industries, Inc. v. Blake Constr. Co., 765 F.2d 195, 205 n. 21 (D.C.Cir.1985)). The purpose of res judicata is to "conserve judicial resources, avoid inconsistent results, engender respect for judgments of predictable and certain effect, and to prevent serial forum-shopping and piecemeal litigation." Hardison v. Alexander, 655 F.2d 1281, 1288 (D.C.Cir.1981).
Determining whether a particular ruling fulfills each factor necessary for res judicata to apply requires a careful assessment of what each factor demands. First, a nonparty may be in privity with a party to the prior action if the nonparty's interests are "adequately represented by a party to the original action." See American Forest Res. Council v. Shea, 172 F.Supp.2d 24, 31 (D.D.C.2001) (quoting Tyus v. Schoemehl, 93 F.3d 449, 454 (8th Cir.1996)). Also, the doctrine of res judicata applies to all the parties' rights regarding matters that could have been litigated as well as those matters that were actually litigated. See I.A.M. Nat'l Pension Fund, 723 F.2d at 947. Finally, for res judicata to apply, the court must have made a final ruling based on the merits of the case. See U.S. Indus., 765 F.2d at 205-06. A traditional judgment on the merits of a case is one that disposes of the underlying cause of action. See Cromwell v. County of Sac, 94 U.S. 351, 352, 4 Otto 351, 24 L.Ed. 195 (1876). More generally, a judgment is considered on the merits when a court renders a decision after considering the legal claim. See Harper Plastics, Inc. v. Amoco Chems. Corp., 657 F.2d 939, 943 (7th Cir.1981); 18 Moore's Federal Practice § 131.30[3][a] (3d ed.2000). In other words, a ruling is a judgment on the merits if it "is based on legal rights as distinguished from mere matters of practice procedure, jurisdiction, or form." Id. (quoting Fairmont Aluminum Co. v. Comm'r, 222 F.2d 622, 625 (4th Cir.1955)).
The defendant argues that res judicata applies in this case and serves to preclude the plaintiff's instant action. See Renewed Mot. to Dismiss at 1; Def.'s Supplemental Mem. at 4-9. The plaintiff responds by admitting that the Polsby I and Polsby II courts adjudicated her original employment claims and related conspiracy claims, but argues that the instant case concerns post-employment discrimination and retaliation claims that were not adjudicated and therefore are not barred. See Pl.'s Reply to Def.'s Opp'n to Pl.'s Mot. to Amend Pleading ("Pl.'s Reply") at 2; Pl.'s Reply to Def.'s Supplemental Mem. at 1-3. The plaintiff also argues that her instant claim involves different defendants. See Pl.'s Reply at 4. The parties do not dispute the fact that courts of competent jurisdiction decided Polsby I and Polsby II. Thus, out of the four factors, the factors in dispute are (1) the identity of the parties, (3) the finality of the judgments on the merits, and (4) the same cause of action. See Brannock Assocs., Inc., 807 F.Supp. at 134. The court addresses each issue in turn.
For purposes of res judicata, courts have long held that "parties nominally different may be, in legal effect, the same." Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 402, 60 S.Ct. 907, 84 L.Ed. 1263 (1940); see also 18 Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 4449 (3d ed.2001). For purposes of res judicata, there is privity between a government and its officers. See Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 402-03, 60 S.Ct. 907, 84 L.Ed. 1263.
In Polsby I, Dr. Polsby brought claims against Donna E. Shalala in her official capacity as Secretary of the Department of Health and Human Services. See Polsby, 925 F.Supp. at 381. In Polsby II, Dr. Polsby named multiple officials of the United States Federal Government and the Maryland Democratic Party as defendants. See Polsby II Mem. Op. dated July 12, 1999 at 1. Here, Dr. Polsby raises claims against defendant Tommy G. Thompson in his official capacity as Secretary of the United States Department of Health and Human Services. See Am. Compl. at 3. These officials are all in privity with the United States as its officers and in its legal interests. See Sunshine...
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