Davani v. Clement

263 F. App'x 296
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 6, 2008
Docket06-1781
StatusUnpublished
Cited by5 cases

This text of 263 F. App'x 296 (Davani v. Clement) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davani v. Clement, 263 F. App'x 296 (4th Cir. 2008).

Opinions

PER CURIAM:

Mozafar Davani commenced this action to redress what he alleges was an unlawful termination of his employment with the Virginia Department of Transportation on April 22, 2003. The Department asserts that it discharged Davani because it had given him three separate “Group II Written Notices,” which are notices of disciplinary action for conduct warranting discharge, the most recent on April 7, 2003. The third notice was given to him for failing to follow instructions to investigate issues relevant to the presence of utilities at a construction site. Davani claims, however, that in discharging him, the Department of Transportation discriminated against him on the basis of his race (Middle Eastern), national origin (Iran), and religion (Muslim); retaliated against him for filing complaints with the Equal Employment Opportunity Commission; and violated state law by conspiring to injure his reputation.

Although Davani had previously filed a complaint with the Equal Employment Opportunity Commission (“EEOC”), he elected to challenge his discharge through state employee grievance procedures, even while the EEOC investigation was still pending. That state administrative process led to the conclusion, affirmed by a Virginia state court, that Davani’s discharge was justified, was not contrary to law, and was not based on any unlawful discrimination.

After the EEOC concluded its investigation about a year later, Davani commenced the present action. The district court dismissed Davani’s complaint, concluding that it was barred by principles of collateral estoppel and res judicata, based on the determinations by the Virginia agency and the state court that Davani’s claims were without merit. This appeal followed, and we now affirm.

The district court had previously dismissed Davani’s complaint in this case under the Rooker-Feldman doctrine. In light of the Supreme Court’s subsequent decision in Exxon Mobil Corp. v. Saudi Basie Industries Corp., 544 U.S. 280, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005), however, we vacated the district court’s decision and remanded the case to the district court to consider the alternative arguments raised by the defendants, based on principles of collatei’al estoppel and res judicata. See Davani v. Va. Dep’t of Transp., 434 F.3d 712, 720 (4th Cir.2006) (noting that “prudence counsel [ed] that, because of the undeveloped state of the record, we refrain from [addressing the alternative arguments] at [that] time”). After considering the alternative issues, the district court has now concluded that Davani’s present claims of discrimination and retaliation were litigated and rejected in state proceedings and affirmed by the state court, and that this action is therefore precluded.

Under Virginia law, the decision of a state administrative law judge (“ALJ”), following an administrative proceeding, is treated as the equivalent of a state court determination; it carries the same weight as a jury’s verdict and will not be disturbed on appeal unless it is plainly wrong or without evidence to support it. See Willis v. Magette, 254 Va. 198, 491 S.E.2d 735, 736 (1997); see also Univ. of Tenn. v. Elliott, 478 U.S. 788, 799, 106 S.Ct. 3220, 92 L.Ed.2d 635 (1986) (“[W]hen a state [298]*298agency acting in a judicial capacity ... resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, federal courts must give the agency’s factfinding the same preclusive effect to which it would be entitled in the State’s courts” (internal quotation marks and citation omitted)). In addition, a state circuit court’s review of an ALJ decision constitutes a valid state court judgment to which federal courts must give the same preclusive effect that another state court would, under the principle stated above. See Davenport v. N.C. Dep’t of Tramp., 3 F.3d 89, 93 n. 4 (4th Cir.1993) (“28 U.S.C. § 1738 requires application of state preclusion law ... where, as here, the state administrative decision has been judicially reviewed ... ”).

Having carefully reviewed the record in this case, we agree with the district court that Davani’s claims are now barred. The ALJ’s findings that “no credible evidence was presented suggesting that the [Department of Transportation] disciplined [Davani] for any impermissible reason” can be understood only as a rejection of his evidence introduced during the administrative hearing, including the voluminous collection of exhibits he submitted, to support his claim that the Department had subjected him to an ongoing campaign of discrimination and retaliation since 2001. Although Davani’s counsel claimed at the hearing before the ALJ that such issues were not before the ALJ—asserting that the only issue presented was the propriety of the third Group II Written Notice—he nonetheless proceeded to describe for the ALJ precisely the same history of discrimination and retaliation that he now presents in his federal complaint. The ALJ had the authority and the responsibility to consider this broader evidence as potential mitigation of the Department’s disciplinary action against Davani based on the third Group II Written Notice. And the ALJ specifically ruled that this broader evidence was not credible and declined to mitigate Davani’s discharge because of the alleged discrimination and retaliation. To the contrary, the ALJ relied on the fact that Davani had “accumulated a sufficient number of active disciplinary actions to uphold removal,” even after the ALJ elected to reduce Davani’s third Group II Written Notice to a Group I Written Notice, which alone would not justify the discharge. Considering the entire record of Davani’s claims of improper discrimination and retaliation as presented,, the ALJ specifically determined that the evidence was not credible, making that determination because it was essential to his judgment that Davani’s discharge should not be mitigated. We conclude, therefore, that collateral estoppel now precludes Davani from maintaining his current action.

In addition, we are persuaded that the general bar of res judicata is applicable here. In April 2003, after receipt of his third Group II Written Notice and his subsequent discharge, Davani elected to file a grievance over his discharge through the State Department of Employee Dispute Resolution, as he was entitled to do, eventually requesting and receiving a formal hearing before an ALJ. Further, he chose to appeal the ALJ’s adverse decision to the Fairfax County Circuit Court, as he again was entitled to do. Having made those choices, however, he committed himself to the results of those proceedings, including the fact that any subsequent attempt to relitigate his discharge would constitute claim-splitting under Virginia law.

Both in the state proceedings and in the present case, Davani alleged that he was wrongfully discharged as part of an ongoing campaign of harassment, discrimina[299]*299tion and retaliation. The ALJ took testimony from the parties and reviewed the records submitted to him, concluding that Davani’s discharge was proper and that there was no credible evidence of discrimination.

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263 F. App'x 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davani-v-clement-ca4-2008.