Bean v. Sundquist
Bean v. Sundquist
Opinion of the Court
ORDER
These Tennessee litigants appeal a district court judgment dismissing their civil rights complaint filed pursuant to 42 U.S.C. §§ 1983 and 1988. The parties waive oral argument. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Seeking declaratory relief and attorney’s fees, plaintiffs sued the Governor of Tennessee (Donald Sundquist), the Attorney General of the State of Tennessee (John Knox Walkup), the Tennessee Wildlife Resources Commission, and the Director of the Tennessee Wildlife Resources Agency (Gary Myers) in their official capacities only. Plaintiffs claimed that wildlife classifications in Tenn Code. Ann. § 7CM-401 to § 70-4-417 are unconstitutionally vague in violation of the Due Process Clause of the Fourteenth Amendment.
The district court dismissed plaintiffs’ federal action on the basis of res judicata, after finding that the same issue and cause of action had already been litigated by essentially the same parties and adjudicated by the Tennessee appellate courts.
A district court’s decision with regard to res judicata is reviewed de novo. See Black v. Ryder/P.I.E. Nationwide, Inc., 15 F.3d 573, 582 (6th Cir. 1994).
These four elements have been met in this case. A court of competent jurisdiction rendered a final decision on the merits in an earlier action. The judgment of the Tennessee Court of Appeals in Bean v. McWherter, Appeal No. M1999-01493COA-R3-CV (Tenn. Ct.App. Dec. 3, 1999 and Feb. 1, 2000), and the Tennessee Supreme Court’s denial of plaintiffs’ application for permission to appeal have preclusive effect on the instant action, because the vagueness and due process issues regarding the wildlife classifications in Tenn. Code Ann. § 70-4-403 that are raised herein were litigated and decided by the state appellate courts. The later action involves essentially the same parties or their privies. The federal action raises issues actually litigated or which should have been litigated in the state action. Finally, there, is an identity of the causes of action. Plaintiffs asserted in both lawsuits the unconstitutionality of Tennessee’s statutes which regulate the possession and propagation of live wildlife. Thus, the elements of res judicata have been established, and the district court did not err in dismissing plaintiffs’ claims against defendants on the basis of res judicata.
Accordingly, the district court’s judgment is affirmed.
Reference
- Full Case Name
- Robert BEAN Franklin Shaffer David Autrey Mack Roberts v. Donald SUNDQUIST John Knox Walkup Tennessee Wildlife Resources Commission Gary Myers
- Status
- Published