Janik v. Saldate
Janik v. Saldate
Opinion of the Court
MEMORANDUM
The district court granted the City of Tucson’s motion to dismiss for lack
Although the district court improperly viewed issue preclusion as a jurisdictional issue, it correctly held that issue preclusion applied to this case. Therefore, the complaint fails on its merits. See Allen v. McCurry, 449 U.S. 90, 95-96, 105, 101 S.Ct. 411, 66 L.Ed.2d 308 (1980) (noting that federal courts must give preclusive effect under 28 U.S.C. § 1738 to state court judgments whenever the courts of the state that issued the judgment would do so); Chaney Bldg. Co. v. City of Tucson, 148 Ariz. 571, 716 P.2d 28, 30 (1986) (requiring a party invoking issue preclusion to show: (1) the issue was actually litigated and essential to the judgment, (2) the judgment was final, and (3) the litigant was afforded a full and fair opportunity to litigate the issue and actually did litigate it). All issues essential to Janik’s federal complaint were actually litigated and decided with finality in Tucson City Court, and the City Court judgment was final. Furthermore, Janik was not deprived a “full and fair opportunity” to litigate these issues in state court—the Tucson City Court proceedings gave her a full and fair opportunity to cross-examine witnesses, and she was also afforded an opportunity to appeal the City Court’s decision.
Janik’s takings claims are not yet ripe because she has not exhausted her state remedies. See, e.g., Quicken Loans, Inc. v. Wood, 449 F.3d 944, 953 (9th Cir. 2006) (requiring claimant to seek compensation from the state before bringing a takings claim); Ariz. Const. art. 2, § 17.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided
Case-law data current through December 31, 2025. Source: CourtListener bulk data.