Hebert v. Ventetuolo

480 A.2d 403, 19 Educ. L. Rep. 599, 1984 R.I. LEXIS 595
CourtSupreme Court of Rhode Island
DecidedAugust 16, 1984
Docket81-68-Appeal
StatusPublished
Cited by28 cases

This text of 480 A.2d 403 (Hebert v. Ventetuolo) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hebert v. Ventetuolo, 480 A.2d 403, 19 Educ. L. Rep. 599, 1984 R.I. LEXIS 595 (R.I. 1984).

Opinion

OPINION

BEVILACQUA, Chief Justice.

This is an appeal by the plaintiffs from a trial justice’s grant of summary judgment in favor of the defendants.

The plaintiffs Annette Hebert and Jade Cicerchia (guardians) were guardians for *405 two high school students, plaintiffs Mark J. Hebert and Robert A. Finelli (students), at the time suit was instituted. The students were suspended from playing hockey on their high school’s hockey team. Their suspensions resulted from suspicions among school officials that the students had obtained guardianships for the sole reason of changing their legal address, thereby entitling them to play on the Cranston East High School hockey team. Joseph Vente-tuolo, principal of the Cranston East High School and one of the several defendants named, informed the students that they were suspended from playing hockey on November 28, 1979.

The students were not given a formal hearing or told of the reasons for their suspensions. Shortly thereafter, defendant Rhode Island Interscholastic League, hereinafter referred to as the league, held a hearing on the students’ eligibility to play hockey on the Cranston East hockey team. The league ruled that the students were eligible to play but that another suspended student was ineligible to play for a twenty-week period. The league ruled that the student was ineligible based on article II, section 7, of the league rules.

The students as well as their guardians filed suit in United States District Court as parties pursuant to 42 U.S.C.A. §§ 1983— 1988 (West 1979) alleging a violation of their rights under the United States Constitution. The United States District Court judge granted defendants’ motion for summary judgment, finding that the league’s suspension of the students was based on the rules governing the eligibility of transfer students to participate in interscholastic athletics and that the rules were rationally related to the goals of the school system, and thus were not constitutionally viola-tive. The plaintiffs appealed to the United States Court of Appeals for the First Circuit. The First Circuit Court dismissed the appeal and affirmed the judgment.

Following the league’s adoption of amended rules, however, plaintiffs filed a complaint in the Superior Court alleging that defendants’ actions together with the amended rules of defendant league were in violation of their constitutional rights of due process and equal protection under the Rhode Island Constitution.

The defendants thereafter filed a motion for summary judgment pursuant to Rule 56(c) of the Superior Court Rules of Civil Procedure on the ground that the record was void of any factual dispute. The trial justice granted partial summary judgment finding that there existed no genuine issue of fact and that the issues raised in the Superior Court were the same issues that had been litigated in the United States District Court action, and were therefore res judicata. However, the trial justice proceeded to consider the two questions raised under the Rhode Island Constitution. The trial justice found that the league could promulgate and enact rules governing the eligibility of transfer students to compete in interscholastic athletics, finding that these rules were neither arbitrary nor capricious. Furthermore, the trial justice found that the schools could implement these rules as they were constitutionally supported upon a rational basis.

The issues on appeal are (1) whether the granting of summary judgment as to the issues raised and litigated in the United States District Court was proper; (2) whether the league, a voluntary nonprofit organization, may promulgate and enact rules governing the eligibility of transfer students to participate in interscholastic sports; and (3) whether the schools may agree to implement these rules.

I

The doctrine of res judicata operates as an absolute bar to a cause of action where there exists “(1) identity of parties, (2) identity of issues and (3) finality of judgment.” Air-Lite Products, Inc. v. Gilbane Building Co., 115 R.I. 410, 422, 347 A.2d 623, 630 (1975); DiSaia v. Capital Industries, Inc., 113 R.I. 292, 298, 320 A.2d 604, 607 (1974). When the doctrine is invoked, it serves to render the prior judg *406 ment conclusive as to any issues that were raised or which could have been raised and litigated. Zalobowski v. New England Teamsters and Trucking Industry Pension Fund, 122 R.I. 609, 612, 410 A.2d 436, 437 (1980); Armstrong v. Armstrong, 117 R.I. 83, 86, 362 A.2d 147, 149 (1976); Corrado v. Providence Redevelopment Agency, 113 R.I. 274, 277, 320 A.2d 331, 332 (1974).

The plaintiffs contend that there was neither an identity of issues nor an identity of parties between the United States District Court and Superior Court actions. The plaintiffs’ position is that summary judgment was improperly granted since res ju-dicata was incorrectly applied. The plaintiffs’ basis for claiming that there was not an identity of parties in the two actions is that two of the four plaintiffs named in the United States District Court action filed a supplemental complaint which raised issues discussed by the United States District Court in its decision. They argue that since the two plaintiffs filing the supplemental complaint were not parties to the Superior Court action, and since the plaintiffs named in the Superior Court action were not named in the supplemental complaint, there did not exist an identity of parties.

However, their contention is without merit. A review of the complaint filed in the United States District Court indicates that all four plaintiffs were named as parties. Moreover, the trial judge in the United States District Court in rendering his decision referred to all the parties.

Additionally, plaintiffs maintain that the nonidentity of issues in the two actions precluded the trial justice’s granting of summary judgment based on the principles of res judicata. We agree that new constitutional issues under the Rhode Island Constitution were raised in this action. However, a review of the trial justice’s decision shows that summary judgment was granted only as to those issues considered and resolved in the United States District Court action.

Finally, the requirement that there be finality of judgment was satisfied by the federal trial judge’s granting of summary judgment in the federal action. It is clear that the granting of a motion for summary judgment is the proper method of disposing of an action barred by res judica-ta. Armstrong v. Armstrong, 117 R.I. at 86, 362 A.2d at 149; Air-Lite Products, Inc. v. Gilbane Building Co., 115 R.I. at 423, 347 A.2d at 630; 1 Kent, R.I.Civ.Prac. § 56.4 at 420 (1969). Furthermore, where a summary judgment motion is granted in a prior proceeding it will operate as a bar and trigger the granting of another such motion in a later action in which the same issues are raised.

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Bluebook (online)
480 A.2d 403, 19 Educ. L. Rep. 599, 1984 R.I. LEXIS 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hebert-v-ventetuolo-ri-1984.