Arthur Steward v. Town of Paradise

Good Law
405 F. App'x 184
United States Court of Appeals for the Ninth CircuitDecember 7, 201009-17089California1,086 words

Opinion

Opinion

MEMORANDUM

Appellant Arthur Steward appeals from an order by the district court granting summary judgment in favor of Appellee, the Town of Paradise of Paradise, on his 42 U.S.C. § 1983 claims alleging as constitutional violations a taking of his property without due process, and inverse condemnation without just compensation. The district court granted summary judgment on the basis that Steward’s federal claims were subject to claim preclusion based on prior state court judgments. We affirm.

Analysis

We review a grant of summary judgment de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). “A district court’s ruling on claim preclusion is also reviewed de novo.” Holcombe v. Hosmer, 477 F.3d 1094, 1097 (9th Cir.2007). “Claim preclusion is a broad doctrine that bars bringing claims that were previously litigated as well as some claims that were never before adjudicated.” Holcombe, 477 F.3d at 1097 (quoting Clements v. Airport Auth. of Washoe Cnty., 69 F.3d 321 , 327 (9th Cir.1995)). The Supreme Court has held that a state-court judgment “has the same claim-preclusive effect in [a federal § 1983 case] that the judgment would have in [the applicable] state court[ ].” Migra…

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