O'Connor v. Pierson ( 2009 )


Menu:
  •      07-1758-cv
    O'Connor v. Pierson
    1                          UNITED STATES COURT OF APPEALS
    2                              FOR THE SECOND CIRCUIT
    3                                August Term, 2008
    4    (Argued: March 9, 2009                            Decided: June 3, 2009)
    5                              Docket No. 07-1758-cv
    6                    -------------------------------------
    7                                 THOMAS O'CONNOR,
    8                               Plaintiff-Appellant,
    9                                      - v -
    10   LYNNE B. PIERSON, ELLEN C. HEALY, CHRISTOPHER A. DUMAS, PATRICIA
    11      M. STRONG, CHRISTINE T. FORTUNATO, DONNA H. HEMMANN, STACEY
    12      HODGES, JOHN F. MORRIS, FREDERICK E. PETRELLI JR., PENNY H.
    13            STANZIALE, and WETHERSFIELD BOARD OF EDUCATION,
    14                             Defendants-Appellees.
    15                   -------------------------------------
    16   Before:     WINTER and SACK, Circuit Judges, and COGAN, District
    17               Judge.*
    18               Appeal from an order of the United States District
    19   Court for the District of Connecticut (Robert N. Chatigny, Chief
    20   Judge) granting the defendants' motion for summary judgment.        We
    21   agree with the district court that the plaintiff's claims, which
    22   are based on an alleged denial of his right to substantive due
    23   process, are barred under the doctrine of res judicata inasmuch
    24   as they were or could have been brought in the parallel suit
    *
    The Honorable Brian M. Cogan of the United States
    District Court for the Eastern District of New York, sitting by
    designation.
    1    based on the same facts that were litigated to a final judgment
    2    in Connecticut state court.
    3               Affirmed.
    4                              LEON M. ROSENBLATT, Law Offices of Leon
    5                              Rosenblatt, West Hartford, CT, for
    6                              Appellant.
    7                             MICHAEL J. ROSE, Rose Kallor, LLP
    8                             (Johanna G. Zelman, Melinda A. Powell,
    9                             of counsel), Hartford, CT, for
    10                             Appellees.
    11   Sack, Circuit Judge:
    12              Plaintiff-appellant Thomas O'Connor pursued parallel
    13   lawsuits against the defendants in federal and state court.
    14              What became the federal lawsuit was first filed in the
    15   Superior Court for the State of Connecticut.   Based on O'Connor's
    16   assertion of, inter alia, causes of action under federal law, the
    17   action was removed by the defendants to the United States
    18   District Court for the District of Connecticut.   When the case
    19   stalled, the plaintiff filed a second complaint in Superior Court
    20   in which he limited himself to the assertion of state law claims
    21   only.   This lawsuit went to trial.   A state-court jury found in
    22   O'Connor's favor on one of his claims, but against him on the
    23   others.   Both sides appealed.
    24              Shortly after the state trial court judgment was
    25   entered, the district court in the pending parallel federal
    26   action (Robert N. Chatigny, Chief Judge) entered judgment for the
    27   defendants on all of O'Connor's federal claims, and remanded the
    28   pendent state claims to state court.   The district court did not
    2
    1    reach an issue raised by the defendants: whether the state court
    2    judgment had a res judicata (or "claim preclusion") effect on the
    3    claims pending in the federal action.       That district court
    4    judgment was appealed to this Court.
    5              While the federal appeal was pending here, the
    6    Connecticut Appellate Court reversed the judgment based on the
    7    state-court jury verdict with respect to the one claim on which
    8    O'Connor had been successful -- invasion of privacy –- and
    9    affirmed the remaining claims on which the defendants had
    10   prevailed.   The Connecticut Supreme Court denied O'Connor's
    11   petition for certification for appeal.       All of O'Connor's claims
    12   in the state-court lawsuit were therefore unsuccessful.
    13             Shortly after the Connecticut Supreme Court ruled, we
    14   vacated the district court's decision in the federal case in
    15   part, and remanded for further consideration of O'Connor's
    16   substantive due process claims.    We declined to reach the
    17   defendants' res judicata argument, concluding that it had not
    18   been sufficiently presented to the district court.       O'Connor v.
    19   Pierson, 
    426 F.3d 187
    , 194-95 (2d Cir. 2005).
    20             Following our remand, the district court granted the
    21   defendants' motion for summary judgment on O'Connor's substantive
    22   due process claims on the ground that in light of the state court
    23   decision, they were barred by the doctrine of res judicata.
    24   O'Connor v. Pierson, 
    482 F. Supp. 2d 228
     (D. Conn. 2007).
    25             The plaintiff appeals.       We affirm.
    3
    1                                 BACKGROUND
    2                On January 26, 2000, O'Connor brought this action in
    3    Connecticut Superior Court, Judicial District of Hartford,
    4    against the Wethersfield Board of Education, members of the Board
    5    in their official capacities, and Lynne B. Pierson, the
    6    Superintendent of Schools, in both her individual and official
    7    capacity.   O'Connor v. Pierson, No. CV-595721-S (Conn. Super. Ct.
    8    January 26, 2000).   O'Connor, a public-school teacher, alleged
    9    that the defendants had acted unlawfully by conditioning his
    10   return to work following administrative leave on his agreement to
    11   undergo a psychiatric examination and to release all of his
    12   medical records to the defendants.   He contended that these
    13   conditions violated his rights under both the United States
    14   Constitution and the Constitution of the State of Connecticut.1
    15   He also asserted state common-law claims for negligent and
    16   intentional infliction of emotional distress, invasion of
    17   privacy, and intentional interference with beneficial and
    18   contractual relations.   The defendants removed the action to the
    19   United States District Court for the District of Connecticut on
    20   the basis of federal question jurisdiction arising out of
    1
    These state and federal constitutional claims were later
    amended to clarify that they were brought under the Due Process
    Clause. They were ultimately construed by the district court as
    assertions that the defendants had violated O'Connor's rights to
    both procedural and substantive due process. See O'Connor, 
    482 F. Supp. 2d at 229
    . O'Connor has not challenged the district
    court's interpretation.
    4
    1    O'Connor's assertion of federal constitutional claims.    See 28
    2 
    U.S.C. § 1441
    .
    3               In February 2001, Magistrate Judge Donna F. Martinez
    4    filed a Recommended Ruling in the removed case, concluding that
    5    summary judgment should be granted in favor of the defendants on
    6    the federal constitutional claims and that the court should
    7    dismiss the pendent state law claims without prejudice.    See 28
    
    8 U.S.C. § 1367
    (c)(3).   The following month, the district court
    9    adopted the magistrate judge's recommendation in part, dismissing
    10   O'Connor's federal procedural due process claim but declining to
    11   dismiss his federal substantive due process claims and deferring
    12   decision on that claim pending further briefing.    In light of the
    13   fact that a federal claim remained before it, the district court
    14   declined to dismiss the pendent state law claims.    See O'Connor,
    15   
    482 F. Supp. 2d at 229
    .
    16              In June 2001, O'Connor initiated a second action in
    17   State Superior Court against the Wethersfield Board of Education.
    18   O'Connor v. Wethersfield Bd. of Educ., No. CV-01-0808376-S (Conn.
    19   Super. Ct., June 11, 2001); see also O'Connor, 
    482 F. Supp. 2d at
    20   229.   It was based on the same facts as the first, previously
    21   removed, action, asserting many of the same state-law causes of
    22   action along with several new ones.    The second action contained
    23   no claims under federal law and was therefore not subject to
    24   removal on that basis.    O'Connor, 
    482 F. Supp. 2d at 229
    .
    25              Later that year, the Board unsuccessfully moved in
    26   state court to dismiss the pending state-court action based on
    5
    1    the pendency of this case in federal court.    See O'Connor v.
    2    Wethersfield Bd. of Educ., 
    34 Conn. L. Rptr. 621
    , 621, 
    2003 WL 3
        21299644, at *1, 
    2003 Conn. Super. LEXIS 1581
    , at *1 (Conn.
    4    Super. Ct. May 20, 2003) (unpublished opinion) (discussing denial
    5    of the motion to dismiss in 2001).     After several of the claims
    6    in the state-court action were dismissed by the trial court in
    7    its decision on a motion for summary judgment by the defendants,
    8    Mem. of Decision on Def's Mot. for Summary Judgment, O'Connor v.
    9    Wethersfield Bd. of Educ., CV-01-0808376-S (Conn. Super. Ct.,
    10   July 7, 2003), three claims remained: 1) tortious invasion of
    11   privacy, 2) intentional infliction of emotional distress, and 3)
    12   a statutory claim based on 
    Conn. Gen. Stat. § 31
    - 51q, which
    13   prohibits employers from disciplining or discharging employees in
    14   retaliation for exercising their right to free speech.    They were
    15   tried to a jury beginning in September 2003.
    16             In October 2003, the state-court jury returned a
    17   verdict in favor of O'Connor on his claim for tortious invasion
    18   of privacy, awarding him $162,500 in damages, but in favor of the
    19   Board on the other two claims.   See O'Connor, 
    482 F. Supp. 2d at
    20   230 (describing state-court proceedings).    The trial court
    21   entered a judgment based on the verdict.    Both parties appealed
    22   from the judgments against them.
    23             On July 5, 2005, the Connecticut Appellate Court
    24   decided that the judgment for O'Connor on his invasion of privacy
    25   claim was barred by the Board's governmental immunity.    It
    26   therefore reversed the judgment of the Superior Court insofar as
    6
    1    it had been in O'Connor's favor.       O'Connor v. Bd. of Educ., 90
    2  
    Conn. App. 59
    , 
    877 A.2d 860
     (2005).       It affirmed the remainder of
    3    the judgment against him.    
    Id.
       On September 12, 2005, the
    4    Connecticut Supreme Court denied O'Connor's petition for
    5    certification for appeal.    O'Connor v. Bd. of Educ., 
    275 Conn. 6
        912, 
    882 A.2d 675
     (2005).
    7                Soon after the state-court jury reached its verdict,
    8    the defendants in the action that remained pending in federal
    9    district court -- the one now on appeal before us -- submitted a
    10   letter to the federal district court requesting a conference
    11   regarding their intention to file a supplemental motion to
    12   dismiss based on a theory of res judicata.       O'Connor, 
    482 F. 13
       Supp. at 230.    The letter complied with a provision in a previous
    14   district court order regarding case management, which required
    15   the parties to request a conference before filing dispositive
    16   motions.    O'Connor, 482 F. Supp. at 230.
    17               On December 12, 2003, the district court held a
    18   conference as requested.    In the course of the conference, the
    19   court orally granted summary judgment to the defendants on the
    20   remaining substantive due process claims.       Later, in a ruling and
    21   order, the court explained its rationale for this dismissal.
    22   O'Connor v. Pierson, No. 00 Civ. 339 (D. Conn. Dec. 17, 2003).
    23   It decided, inter alia, that the Board was both justified and had
    24   a legitimate interest in requesting the medical records and
    25   therefore did not violate O'Connor's substantive due process
    26   rights.    Id.; see also O'Connor, 
    482 F. Supp. 2d at 230
    .     The
    7
    1    issue of whether the state court judgment precluded a federal
    2    judgment on the claims based on res judicata principles was
    3    unnecessary to the resolution of the motion, and the district
    4    court did not reach it.
    5               On December 16, 2003, a final judgment was entered in
    6    favor of the defendants on all of the federal claims against
    7    them, and the pendent state claims were remanded to Connecticut
    8    Superior Court.    On January 6, 2004, O'Connor appealed the
    9    judgment of the district court to this Court.
    10              We affirmed the judgment with respect to O'Connor's
    11   procedural due process claim, but vacated it as to the
    12   substantive due process claims.     O'Connor, 
    426 F.3d 187
    .    We
    13   concluded that there was a genuine issue of material fact as to
    14   whether, in insisting that O'Connor release his medical records,
    15   the Board "acted out of spite, or to keep O'Connor from teaching
    16   by whatever means necessary," such that the Board's action would
    17   "shock the conscience."    
    Id. at 204
    .   Such a finding of fact
    18   could have served as a basis for a viable substantive due process
    19   cause of action.    See 
    id. at 200-04
    .   We declined to address the
    20   issue of res judicata because it had not been preserved for
    21   appeal.2   
    Id. at 194-95
     ("A motion by the Board raising the
    2
    We do not read our prior decision to hold, as O'Connor
    asserts, that the defense of res judicata had forever been waived
    by the defendants. And as the district court observed, "even if
    the Second Circuit's statement about waiver is binding, res
    judicata can still be applied at this stage because a court has
    authority to invoke the doctrine of res judicata on its own
    initiative, even when the defense has been waived." O'Connor,
    
    482 F. Supp. 2d at 233
    ; see Salahuddin v. Jones, 
    992 F.2d 447
    ,
    449 (2d Cir. 1993) (per curiam) ("The failure of a defendant to
    8
    1    claim-preclusion defense when it became available would have
    2    preserved the issue for appeal; a letter asking for a briefing
    3    schedule, which was not followed up, did not.").
    4                On remand, the defendants filed a motion to dismiss on
    5    the ground that the remaining substantive due process claims were
    6    barred by the doctrine of res judicata.      On March 31, 2007, the
    7    district court granted that motion, concluding that:
    8               there can be no doubt that plaintiff's
    9               substantive due process claims are barred by
    10               the judgment in the state court action. To
    11               prevail on his substantive due process claims
    12               under § 1983, plaintiff must prove that the
    13               defendants' insistence on obtaining his past
    14               medical records was arbitrary and oppressive.
    15               See O'Connor v. Pierson, 
    426 F.3d at 204
    .
    16               The Board's insistence on obtaining these
    17               records, and its intent in doing so, were
    18               central to the invasion of privacy and
    19               intentional infliction of emotional distress
    20               claims that were tried in state court.
    21   O'Connor, 
    482 F. Supp. 2d at 232
    ; see also 
    id. at 235
    .
    22               The district court again entered judgment against
    23   O'Connor.    
    Id. at 235
    .    O'Connor appeals.
    24                                  DISCUSSION
    25               I.    Standard of Review
    26               "We review de novo the district court's application of
    27   the principles of res judicata."       EDP Med. Computer Sys., Inc. v.
    28   United States, 
    480 F.3d 621
    , 624 (2d Cir. 2007) (internal
    29   quotation marks omitted).
    30               II.    Res Judicata (or "Claim Preclusion")
    raise res judicata in answer does not deprive a court of the
    power to dismiss a claim on that ground.").
    9
    1              "[A] federal court must give to a state-court judgment
    2    the same preclusive effect as would be given that judgment under
    3    the law of the State in which the judgment was rendered."   Migra
    4    v. Warren City Sch. Dist. Bd. of Educ., 
    465 U.S. 75
    , 81 (1984);
    5    see also Kremer v. Chem. Constr. Corp., 
    456 U.S. 461
    , 466 ("[28
    6    U.S.C. §] 1738 requires federal courts to give the same
    7    preclusive effect to state court judgments that those judgments
    8    would be given in the courts of the State from which the
    9    judgments emerged.").
    10             Under Connecticut law:
    11             [A] former judgment on a claim, if rendered
    12             on the merits, is an absolute bar to a
    13             subsequent action on the same claim. Claim
    14             preclusion prevents the pursuit of any claims
    15             relating to the cause of action which were
    16             actually made or might have been made. The
    17             judicial doctrine of res judicata expresses
    18             no more than the fundamental principle that
    19             once a matter has been fully and fairly
    20             litigated, and finally decided, it comes to
    21             rest. The doctrine of res judicata applies
    22             as to the parties and their privies in all
    23             other actions in the same or any other
    24             judicial tribunal of concurrent
    25             jurisdiction . . . . [T]he appropriate
    26             inquiry with respect to claim preclusion is
    27             whether the party had an adequate opportunity
    28             to litigate the matter in the earlier
    29             proceeding . . . . [T]he scope of matters
    30             precluded in the subsequent suit necessarily
    31             depends on what has occurred in the former
    32             adjudication.
    33
    34   Joe's Pizza, Inc. v. Aetna Life and Cas. Co., 
    236 Conn. 863
    , 871-
    35   72, 
    675 A.2d 441
    , 446-47 (1996)(citations, internal quotation
    36   marks, emphasis, and alterations omitted).   "The claim that is
    37   extinguished by the judgment in the first action includes all
    10
    1    rights of the plaintiff to remedies against the defendant with
    2    respect to all or any part of the transaction, or series of
    3    connected transactions, out of which the action arose."   Comm'r
    4    of Envtl. Prot. v. Conn. Bldg. Wrecking Co., 
    227 Conn. 175
    , 189-
    5    90, 
    629 A.2d 1116
    , 1124 (1993) (internal quotation marks and
    6    alterations omitted).
    7              It is undisputed on appeal that the claims in the
    8    instant case and the state-court case arose out of the same
    9    transaction, or series of connected transactions, and are
    10   therefore the same for purposes of the res judicata inquiry.    Cf.
    11   O'Connor, 
    482 F. Supp. 2d at 232
     (relying on Conn. Bldg. Wrecking
    12   Co., supra, and deciding for the defendants on the "identity of
    13   claims" issue).   O'Connor does dispute, however, that: (1) the
    14   judgment in the state court was rendered on the merits; (2) the
    15   parties in the state and federal actions are the same or are in
    16   privity with each other; and (3) O'Connor had an adequate
    17   opportunity to litigate his claims in the state court action.
    18   For the reasons that follow, we conclude in the affirmative as to
    19   each issue, and that the district court therefore correctly
    20   decided that O'Connor's federal lawsuit was barred by the
    21   judgment in Connecticut state court.
    22   A. Whether the State Court Action Was Decided on the Merits
    23             O'Connor argues that because the state-court action was
    24   ultimately decided on appeal in part on statutory immunity
    11
    1    grounds, it was not decided on the merits.    We find this argument
    2    unhelpful.3
    3              The invasion of privacy claim was the only claim on
    4    which the jury ruled in O'Connor's favor.    The Appellate Court
    5    reversed, however, concluding that the trial court "improperly
    6    failed to set aside the verdict because the plaintiff's claim
    7    against the defendant for invasion of privacy was barred by
    8    governmental immunity [under 
    Conn. Gen. Stat. § 52
    -557n(a)(2)]."
    9    O'Connor v. Bd. of Educ., 90 Conn. App. at 63.    There is divided
    10   authority as to whether a judgment based on an immunity defense
    11   is a judgment on the merits for the purposes of res judicata.
    12   Compare Lommen v. City of East Grand Forks, 
    97 F.3d 272
    , 275 (8th
    13   Cir. 1996) (finding that, under Minnesota law, a decision based
    14   on governmental immunity is considered "on the merits" for the
    15   purposes of res judicata) and Flores v. Edinburg Consol. Indep.
    16   Sch. Dist., 
    741 F.2d 773
    , 775 n.3 (5th Cir. 1984) ("summary
    17   judgment on grounds of sovereign immunity is a judgment on the
    18   merits for purposes of res judicata") with Wade v. City of
    19   Pittsburgh, 
    765 F.2d 405
    , 410 (3rd Cir. 1985) (stating, with
    20   regards to a state-court judgment based on statutory immunity,
    21   that "we predict that under Pennsylvania law, if a judgment is
    22   entered before development of the merits and is based on a
    3
    We note also that this argument may have been forfeited,
    inasmuch as it is not at all clear that it was made before the
    district court. Because we find the argument unpersuasive in any
    event, we need not address whether it was forfeited.
    12
    1    collateral defense applicable only to the first action, claim
    2    preclusion would not apply.").
    3              In light of the disposition of the claim for
    4    intentional infliction of emotional distress on the merits,
    5    however, we do not think it matters whether the claim for
    6    invasion of privacy was decided on the merits or not.    The
    7    district court's conclusion that the substantive due process
    8    claims could not be pursued under principles of res judicata
    9    would have been valid even if it had been based on the state
    10   court's decision on the merits of the intentional infliction of
    11   emotional distress claim alone.    To paraphrase the district
    12   court's opinion, for the plaintiff to succeed on his remaining
    13   claim in federal court -- whether defendants violated his right
    14   to substantive due process -- he would have had to prove that the
    15   defendants' insistence on obtaining his past medical records was
    16   arbitrary and oppressive.   See O'Connor, 
    482 F. Supp. 2d at 232
    .
    17   The Board's insistence on obtaining these records, and its intent
    18   in doing so, were central to the intentional infliction of
    19   emotional distress claims that were tried in state court.      Under
    20   the transactional test that the Connecticut Supreme Court has
    21   adopted to determine whether an action is barred by res judicata,
    22   the decision on the merits in the state court against O'Connor on
    23   his intentional infliction claim therefore bars his pursuit of
    24   the substantive due process claims in federal district court.4
    4
    With the possible exception of the invasion of privacy
    claim, all of O'Connor's other claims were also indisputably
    13
    1    See Comm'r of Envtl. Prot., 227 Conn. at 189-90, 629 A.2d at 1124
    2    (judgment in first action extinguishes all other claims "with
    3    respect to all or any part of the transaction, or series of
    4    connected transactions, out of which the action arose.").
    5    B. Privity
    6              In the state action, only the Board was a defendant.
    7    In the federal action now before us, O'Connor brought suit
    8    against not only the Board, but also several Board members, all
    9    of whom are being sued only in their official capacities.5
    10   "[O]fficial-capacity suits generally represent only another way
    11   of pleading an action against an entity of which an officer is an
    12   agent -- at least where Eleventh Amendment considerations do not
    13   control analysis . . . ."   Monell v. Dep't of Soc. Servs. of City
    14   of N.Y., 
    436 U.S. 658
    , 691 n.55 (1978).   "As long as the
    15   government entity receives notice and an opportunity to respond,
    16   an official-capacity suit is, in all respects other than name, to
    17   be treated as a suit against the entity."   Kentucky v. Graham,
    18   
    473 U.S. 159
    , 166 (1985).   We therefore agree with the district
    decided on the merits by the state court. Because we hold that
    the intentional infliction of emotional distress decision alone
    was sufficient to preclude the case at bar, we need not and do
    not reach the issue of whether the resolution on the merits of
    these other claims, viewed in isolation or in combination, would
    be sufficient to bar the present action.
    5
    Lynne B. Pierson, the Superintendent of Schools, was
    originally sued in both her individual and official capacities.
    However, O'Connor did not appeal the district court's 2001 ruling
    that Pierson is entitled to qualified immunity and therefore
    cannot be sued in her individual capacity. See O'Connor, 
    482 F. Supp. 2d at
    231 n.3. Therefore, all the individual defendants
    are now being sued solely in their official capacities.
    14
    1    court that the parties in the two actions are in privity for
    2    purposes of res judicata.    See O'Connor, 
    482 F. Supp. 2d at
    231-
    3    32.
    4    C. Adequate Opportunity to Litigate
    5              Under Connecticut law, a party has not had an adequate
    6    opportunity to litigate a claim, and res judicata therefore does
    7    not apply, if "the court in the first action would clearly not
    8    have had jurisdiction to entertain the omitted theory or
    9    ground or, having jurisdiction, would clearly have declined to
    10   exercise it as a matter of discretion ."   Conn. Nat'l Bank v.
    11   Rytman, 
    241 Conn. 24
    , 44, 
    694 A.2d 1246
    , 1257 (1997) (quoting
    12   Restatement (Second) of Judgments, § 25 cmt.(e) (1982); internal
    13   quotation marks, emphasis and parentheses omitted).   But the
    14   Connecticut courts clearly had jurisdiction to hear all the
    15   claims O'Connor brought in the federal lawsuit, including those
    16   brought under federal law.    See Howlett ex rel. Howlett v. Rose,
    17   
    496 U.S. 356
    , 367 (1990) ("Federal law is enforceable in state
    18   courts . . . .").   O'Connor does not argue otherwise.   Neither
    19   does he argue that the Connecticut courts would have declined to
    20   exercise that jurisdiction.
    21             O'Connor contends instead that he did not have "a fair
    22   and adequate opportunity to litigate all his claims in a single
    23   lawsuit,"6 Pl.'s Br. 20, because had he brought his federal
    6
    O'Connor appears to cite Gladysz v. Planning and Zoning
    Comm'n of Town of Plainville, 
    256 Conn. 249
    , 262, 
    773 A.2d 300
    ,
    308 (2001), for the proposition that res judicata principles
    should not bar this suit if he has not had an opportunity to
    15
    1    claims in state court, the defendants would have removed the
    2    action to federal court, and, according to O'Connor, the state
    3    court claims would then have ultimately been remanded to state
    4    court.   This might all be true, but it is beside the point.
    5    O'Connor cites no authority, nor are we aware of any, for the
    6    proposition that the specter of removal or subsequent remand,
    7    which may result in a plaintiff's state law and federal law
    8    claims being heard in different courts, deprives him or her of an
    9    adequate opportunity to litigate his or her claims.   We agree
    10   with the district court that O'Connor had "a fair and adequate
    11   opportunity" to litigate his claims, even if they may eventually
    12   have been separated from one another, some heard in state and
    13   some in federal courts.
    14                               CONCLUSION
    15              We have considered the other arguments advanced by
    16   O'Connor and find them to be without merit.   For the foregoing
    17   reasons, the judgment of the district court is affirmed.
    litigate all of his claims in a single lawsuit. Pl.'s Br. 20.
    But Gladysz, which addresses primarily the doctrine of collateral
    estoppel (or "issue preclusion"), stands for no such proposition.
    16