Wallin v. Dycus

Summary

The Tenth Circuit affirmed the dismissal of Oloyea D. Wallin’s second 42 U.S.C. § 1983 action against correctional officials on claim-preclusion grounds. The court held that the prior action was decided on the merits, involved the same parties and cause of action, and afforded Wallin a full and fair opportunity to litigate; it also denied his motion to proceed in forma pauperis.

Holdings

1. The second action was barred by claim preclusion because the prior action ended in a judgment on the merits, involved the same parties or privies, arose from the same cause of action, and afforded Wallin a full and fair opportunity to litigate.
2. The two lawsuits involved the same cause of action because they arose from the same facts and therefore from the same transaction, event, or occurrence.
3. Wallin had a full and fair opportunity to litigate the claims in the first action.

Questions Presented

1. Whether Wallin's second § 1983 action was barred by claim preclusion.
2. Whether Wallin had a full and fair opportunity to litigate the claims in his first action.
3. Whether the two actions arose from the same cause of action under the transactional approach.

Disposition

affirmed