Lambert v. Andrews
Opinion of the Court
MEMORANDUM
Richard Lambert, a former Correctional Officer with the Nevada Department of Corrections (“NDOC”), appeals from the District Court’s dismissal of his action under 42 U.S.C. § 1983 against three of his fellow Correctional Officers and the Director of the NDOC. Lambert alleged that defendants violated his First Amendment rights when they conspired to terminate him in retaliation for his speech about matters of public concern in the workplace, and that they deprived him of his Fourteenth Amendment right to Due Process when they conspired to give false testimony at his termination hearing before the Nevada State Personnel Commission (the “Commission”). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Lambert’s claims for wrongful termination and deprivation of Due Process are precluded under the doctrine of res judicata. Where a state agency acts in a judicial capacity to resolve disputed issues of law and fact properly before it, and the parties have had an adequate opportunity to litigate those issues, federal courts must give the state agency’s fact-finding and legal determinations the same preclusive effect that they would have had if they were litigated in state court. Olson v. Morris, 188 F.3d 1083, 1086 (9th Cir. 1999); Miller v. County of Santa Cruz, 39 F.3d 1030, 1032-33 (9th Cir. 1994).
The Commission was clearly acting in a judicial capacity when it heard Lambert’s appeal, and the hearing was governed by
All claims that could have been brought in Lambert’s termination hearing or on judicial review in state court are therefore precluded in subsequent litigation. Olson, 188 F.3d at 1086. Lambert could have challenged his termination in the administrative hearing on the ground that the defendants violated his First Amendment rights when they retaliated against him for speaking out against the improper behavior of his colleagues. Nev. Admin. Code ch. 281 § 305 (2003). Likewise, Lambert could have challenged the validity of the hearing itself on Due Process grounds by way of direct review in Nevada State Court. NevRev.Stat. 233B.130. The fact that Lambert chose not to pursue those claims in his termination hearing or on direct review does not defeat claim preclusion. See Olson, 188 F.3d at 1086-87 (holding that First Amendment claim that could have been raised in administrative hearing was barred in subsequent litigation); Misischia v. Pirie, 60 F.3d 626, 630 (9th Cir. 1995) (holding that procedural irregularities in administrative hearing that could have been challenged on direct review in state court were barred in subsequent § 1983 claim). Therefore, Lambert’s § 1983 claims based on wrongful termination and alleged Due Process violations in his termination hearing are barred by res judicata.
To the extent that Lambert’s complaint can be read as seeking damages due to workplace persecution distinct from his termination, Lambert failed to state a claim upon which relief can be granted. See Fed.R.Civ.P. 12(b)(6). Lambert’s vague allegations of “excessive scrutiny” and “a hostile environment” are not sufficient to state a § 1983 claim because they fail to identify and facts regarding who persecuted him, when he was persecuted, or how he was persecuted. See Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982) (holding that vague and conclusory
The judgment of the district court is AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir. R. 36-3.
. The Nevada State Personnel Advisory Commission was the precursor to the Nevada State Personnel Commission.
Reference
- Full Case Name
- Richard LAMBERT, Plaintiff—Appellant v. Mark ANDREWS Jackie Crawford Rolland Savoie Virgil Strong, Defendants—Appellees
- Cited By
- 1 case
- Status
- Published