Irving v. Dormire

586 F.3d 645, 2009 U.S. App. LEXIS 23068, 2009 WL 3335546
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 19, 2009
Docket09-1157
StatusPublished
Cited by29 cases

This text of 586 F.3d 645 (Irving v. Dormire) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Irving v. Dormire, 586 F.3d 645, 2009 U.S. App. LEXIS 23068, 2009 WL 3335546 (8th Cir. 2009).

Opinion

WOLLMAN, Circuit Judge.

William Irving, an inmate in the Missouri penal system, filed suit under 42 U.S.C. § 1983 against Daniel Kempler, Nina Branson, Ed Rupple and Raina Martin, employees of the Jefferson City Correctional Center. 1 Irving claims that the defendants denied him access to his legal papers, causing his petition for habeas corpus to be untimely. The district court 2 granted summary judgment in favor of the defendants. We affirm.

I.

In 1998, Irving was convicted of first degree murder and armed criminal action. He was sentenced to life imprisonment without the possibility of parole. The Missouri Court of Appeals affirmed Irving’s conviction, and he was subsequently denied state post-conviction relief. On October 5, 2004, Irving was transferred to the Jefferson City Correctional Center. Once there, he requested his legal papers from the defendants for the purposes of filing a federal habeas corpus petition. Irving testified that the defendants were aware that the deadline for his habeas petition was approaching and that they told him to submit a written request to the property room. According to Irving, the property room personnel referred him back to the defendants, who eventually provided him with his legal papers. On November 17, 2004, Irving filed his petition for habeas corpus relief, which the district court (the habeas court) 3 dismissed as time-barred.

Irving filed a motion to vacate the habeas judgment and stay the action, which the defendant in the habeas action, Dave Dormiré, Superintendent of the Jefferson City Correctional Center, opposed. In response to Dormire’s motion in opposition, Irving claimed that he “was purposely de *647 nied access to all his legal work/material which were ‘necessary’ to file to timely file [sic] his habeas corpus petition.” S.A. 239-40. The habeas court construed Irving’s motion as a Rule 60(b) motion and denied it without specifically addressing Irving’s denial of access claim. Irving did not seek a certificate of appealability.

Irving filed this action on December 9, 2004. The district court granted summary judgment for the defendants, concluding that Irving’s denial of access claim was barred by res judicata. 4 The district court explained that Irving had had the opportunity in his habeas proceeding to raise the denial of access claim as a state-created impediment to the timely filing of his petition. The district court denied Irving’s Rule 59(e) motion to alter or amend judgment that sought reconsideration of the denial of access claim. Irving now appeals, seeking remand for a declaratory judgment on his denial of access claim.

II.

We review a district court’s grant of summary judgment de novo, construing the record in the light most favorable to the nonmoving party. Johnson v. AT & T Corp., 422 F.3d 756, 760 (8th Cir.2005). “Summary judgment is proper if the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.” Thomas v. Union Pac. R.R. Co., 308 F.3d 891, 893 (8th Cir.2002). ‘We may affirm the district court on any basis supported by the record.” Id.

A. Res Judicata

Res judicata does not bar Irving’s denial of access claim, because the defendant in the habeas action was different from the defendants in the present action. For a prior lawsuit to bar a claim, res judicata requires that both suits involve the same parties or those in privity with the same parties. Costner v. URS Consultants, Inc., 153 F.3d 667, 673 (8th Cir.1998). This element cannot be established because there was no privity between habeas defendant Dormiré and the present defendants. In the habeas action, Irving sued Dormiré in his official capacity. The defendants, however, were sued in their personal capacity. “[Ljitigation involving officials in their official capacity does not preclude relitigation in their personal capacity.” Headley v. Bacon, 828 F.2d 1272, 1279 (8th Cir.1987); see also Howell Hydrocarbons, Inc. v. Adams, 897 F.2d 183, 188 (5th Cir.1990) (“Res judicata does not apply when the parties appear in one action in a representative capacity and in a subsequent action in an individual capacity.”); Conner v. Reinhard, 847 F.2d 384, 395 (7th Cir.1988) (holding that a pri- or suit against a municipality does not bar a subsequent suit against officials in their individual capacity because official capacity and personal capacity suits involve different legal theories and defenses). Because res judicata would not protect Dormiré from being sued in his individual capacity, it does not protect other prison employees from being sued in their individual capacities.

B. Collateral Estoppel

We conclude that collateral estoppel bars Irving’s suit against the defendants. Collateral estoppel is appropriate when:

*648 (1) the issue sought to be precluded is identical to the issue previously decided; (2) the prior action resulted in a final adjudication on the merits; (3) the party sought to be estopped was either a party or in privity with a party to the prior action; and (4) the party sought to be estopped was given a full and fair opportunity to be heard on the issue in the prior action.

Ripplin Shoals Land Co. v. U.S. Army Corps of Eng’rs, 440 F.3d 1038, 1044 (8th Cir.2006) (citing Wellons, Inc. v. T.E. Ibberson Co., 869 F.2d 1166, 1168 (8th Cir.1989)). The preclusion principle embodied in the doctrine of collateral estoppel is based upon the need to conserve judicial resources and prevent inconsistent decisions. See Simmons v. O’Brien, 77 F.3d 1093, 1095 (8th Cir.1996) (“This preclusion principle is rooted in concerns of judicial economy.”); Robbins v. Clarke, 946 F.2d 1331, 1334 (8th Cir.1991) (noting that issue preclusion is appropriate where the claim is “simply the same claim repackaged”). Irving argues that the issue was not previously decided and that he was not given a full and fair opportunity to be heard.

1. Previously Decided

For collateral estoppel to preclude an issue, the issue must be identical to the issue previously decided.

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586 F.3d 645, 2009 U.S. App. LEXIS 23068, 2009 WL 3335546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irving-v-dormire-ca8-2009.