Matthews v. United States

805 F. Supp. 712, 1992 U.S. Dist. LEXIS 15176, 1992 WL 280967
CourtDistrict Court, E.D. Wisconsin
DecidedOctober 8, 1992
DocketCiv. A. No. 91-C-538
StatusPublished
Cited by1 cases

This text of 805 F. Supp. 712 (Matthews v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matthews v. United States, 805 F. Supp. 712, 1992 U.S. Dist. LEXIS 15176, 1992 WL 280967 (E.D. Wis. 1992).

Opinion

AMENDED DECISION AND ORDER

REYNOLDS, Senior District Judge.

Defendants the United States of America, Small Business Administration, Robert Miller, Curtis Charter, Anthony McMahon and Ann Knauff moved on November 12, 1991, to dismiss this action on various grounds. Defendant James Deshazer joined in this motion on February 12, 1992.

For the reasons stated below, the motion is granted.

PROCEDURAL BACKGROUND

On May 23, 1991, pro se plaintiff Frederick Matthews, formerly an employee at the Milwaukee office of the Small Business Administration (“SBA”), filed the instant complaint alleging that his due process rights were denied when he was fired from the SBA without being afforded a prior hearing. Matthews, an African-American, also alleges that he was fired because of his race. Further, Matthews alleged that the defendants conspired to terminate him and to entrap him in conduct which led to a federal criminal indictment.

Matthews’ lawsuit is based in part on 42 U.S.C. § 1983 and in part on the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. Plaintiff alleges that this court has jurisdiction in this case pursuant to 28 U.S.C. §§ 1331, 1343, and 1346.

FACTS

In October 1984, defendants notified Matthews that they planned to terminate him because they thought his job performance was unsatisfactory.1 He was fired on May 24,1985. On June 3, 1985, he filed an administrative complaint charging racial discrimination in connection with his firing. The Equal Employment Opportunity Commission denied his claim on February 18, 1988.

On March 25, 1988, Matthews filed a complaint in this federal district (Civil Action No. 88-C-323) appealing the EEOC decision. The complaint named the SBA and James Abnor, its administrator, as defendants. After a bench trial, Judge Terence T. Evans found that Matthews had not been discriminated against, and this decision was affirmed on appeal. Matthews v. Abnor, No. 88-C-323 (E.D.Wis. Mar. 29, 1990), aff'd, 941 F.2d 1212 (7th Cir.1991).

On May 7, 1985, two weeks before Matthews’ termination, a federal grand jury indicted him under 18 U.S.C. § 201(g) for accepting a gratuity in exchange for an official act. Specifically, Matthews was said to have used his position with the SBA to demand personal loans from a participant in an SBA program in exchange for assistance under the program. Mathews v. United States, 485 U.S. 58, 60, 108 S.Ct. 883, 885, 99 L.Ed.2d 54 (1988). Matthews was arrested after the Federal Bureau of Investigation arranged with James De-shazer, an SBA program participant and a defendant in the instant case, to offer Matthews the loan money he had requested. Id. at 61, 108 S.Ct. at 885.

Matthews was convicted on August 19, 1985, but the Supreme Court reversed the conviction, holding that the district court should not have denied Matthews’ request for an entrapment instruction. Id. at 66, 108 S.Ct. at 888. The instruction had been denied solely on the ground that he refused to admit all elements of the bribery charge. Id. at 60, 108 S.Ct. at 885. On remand, Judge Thomas J. Curran found that Matthews had offered sufficient evidence to warrant an entrapment instruction, and, therefore, the conviction was vacated. United States v. Matthews, No. 85-CR-63 [714]*714(E.D.Wis. Oct. 6, 1988). The United States Attorney’s Office chose not to seek a new trial. (PL’s Br. at Ex. 2.)

Plaintiff says his administrative claim against the SBA, alleging a conspiracy to terminate him and to entrap him, was filed on May 21, 1987. (PL’s Br. at Ex. 2.) Defendants submit a form indicating the claim was filed on July 22, 1987. (Def.’s Br. at Ex. 8.) The SBA apparently has not responded to Matthews’ administrative claim. (Pl.’s Br. at 1.)

ANALYSIS

I. Preclusion of Certain Claims

A. Race Discrimination

Defendants assert that principles of res judicata bar plaintiff from once again claiming that defendants fired him because of his race. The court agrees.2

Under the doctrine of res judicata, or claim preclusion, a final judgment on the merits of an action precludes a party to that action from relitigating the same claim. Warren v. McCall, 709 F.2d 1183, 1184 (7th Cir.1983). There is no doubt that Judge Evans’ decision in Matthews’ previous civil case was final and on the merits. Nor is there any doubt that the instant race discrimination claim is based on the same factual allegations made in the earlier case.

Most of the defendants in this case are nominally different than the defendants in the earlier case, but that does not mean the cases do not involve the “same claim.” For purposes of res judicata, there is “privity” between representatives of the same government. Warren, 709 F.2d at 1185 (citing Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 402-3, 60 S.Ct. 907, 916-17, 84 L.Ed. 1263 (1940)). Thus, a party cannot bring a claim against one United States representative, lose, and then bring the same claim against another United States representative.

It appears from the complaint that Robert Miller, Curtis Charter, Anthony McMahon, and Ann Knauff are, as SBA employees, United States officials. Thus, the court finds that plaintiff’s instant race discrimination claim against these officials, the United States, and the SBA, is barred by plaintiff's earlier claim against the SBA and its administer, James Abnor.

B. Due Process

Res judicata bars a party not only from raising the same claim twice, but also from raising in a later case a theory of recovery that it could have raised, but did not raise, in an earlier case. Chicot County Drainage District v. Baxter State Bank, 308 U.S. 371, 375, 60 S.Ct. 317, 319, 84 L.Ed. 329 (1940). Although the instant plaintiff did not assert in his previous civil case that he had a right to a pre-termi-nation hearing, nothing prevented him from making that assertion. Thus, the court concludes that he is barred from making it now.3

II. The Entrapment Claim

A. Proper Party

Defendants assert that because the claim for conspiracy to entrap is presumably brought pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671

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805 F. Supp. 712, 1992 U.S. Dist. LEXIS 15176, 1992 WL 280967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-united-states-wied-1992.