Wabakken v. CA Dep't of Corr. & Rehab., No. 13-56075 (9th Cir. 2015)
Annotate this CasePlaintiff, a Lieutenant with the Corrections Department, filed suit alleging violations of both 42 U.S.C. 1983 and the California Whistleblower Protection Act, California Government Code 8547, and intentional infliction of emotional distress. The district court granted summary judgment for defendants, finding that plaintiff was collaterally estopped from relitigating the whistleblower retaliation issue because it had been litigated during the State Personnel Board proceedings. The court reversed because, pursuant to State Board of Chiropractic Examiners v. Superior Court, the State Personnel Board’s decision does not have preclusive effect under theories of res judicata and collateral estoppel and thus does not prevent plaintiff from litigating his whistleblower retaliation damages claim in the district court.
Court Description: Collateral Estoppel. The panel reversed the district court’s summary judgment in favor of prison officials in an action brought by a former employee of the California Department of Corrections and Rehabilitation, alleging violations of 42 U.S.C § 1983 and California’s Whistleblower Protection Act, and intentional infliction of emotional distress. The district court found that the plaintiff was collaterally estopped from relitigating the whistleblower retaliation issue because it had been litigated during State Personnel Board proceedings. The panel held that, pursuant to State Board of Chiropractic Examiners v. Superior Court, 45 Cal. 4th 963, 976 (2009), the State Personnel Board’s decision did not have preclusive effect under theories of res judicata and collateral estoppel and thus did not prevent the plaintiff from litigating his whistleblower retaliation damages claim in the district court.
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