Moreland v. Department of Public Health & Environment ( 2001 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
MAR 26 2001
TENTH CIRCUIT
PATRICK FISHER
Clerk
MARY W. MORELAND,
Plaintiff - Appellant, No. 99-1324
v. (D.C. No. 97-B-603)
DEPARTMENT OF PUBLIC (D. Colorado)
HEALTH AND ENVIRONMENT,
formerly known as Department of
Health, Division of Administrative
Services, State of Colorado,
Defendant - Appellee.
ORDER AND JUDGMENT *
Before SEYMOUR, McKAY, and BRORBY, Circuit Judges.
Plaintiff brought an administrative action in Colorado alleging gender and
age discrimination. After sundry proceedings, her claims were denied. She then
appealed to the Colorado state courts. The administrative decision was affirmed.
She brought an action in federal district court asserting the same claims under
Title VII and the Age Discrimination in Employment Act. That action was
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
dismissed on grounds of collateral estoppel and res judicata.
We conclude that this case is legally indistinguishable from Kremer v.
Chem. Constr. Corp., 456 U.S. 641 (1982), and Bolling v. City & County of
Denver, 790 F.2d 67 (10th Cir. 1986).
Plaintiff makes much of the failure of the State of Colorado to provide her
with free transcripts of the administrative proceedings because of her indigency
and of the absence of a jury trial in the state administrative proceedings. Neither
is relevant to whether she had a full and fair opportunity to litigate her claims. Of
course, Plaintiff could have filed this federal action in the first place, rather than
appeal the administrative decision to the Colorado courts. Having elected that
appeal, however, she is bound by its results as we are also.
For the reasons set out here, and as more fully recited in the report and
recommendation of the magistrate judge and adopted by the trial court, the
judgment is AFFIRMED.
Entered for the Court
Monroe G. McKay
Circuit Judge
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