Holcombe

FACTS AND PROCEDURAL HISTORY

The Highway Patrol terminated Holcombe on July 31, 2002, after charging her with forging two subpoenas related to her husband’s administrative appeal of his termination by the Nevada Department of Corrections. Holcombe appealed her termination, and received an administrative hearing where she was represented by counsel, testified, presented evidence, cross-examined witnesses, and successfully excluded some pieces of evidence. During that hearing, Holcombe specifi- cally discussed her husband’s termination, his appeal, and her efforts to help him appeal his termination. The hearing officer (“ALJ”) issued his findings and decision finding just cause for Holcombe’s termination. Holcombe appealed to the Second Judicial District Court for the State of Nevada (“state court”), and the state court affirmed the ALJ’s decision.

On January 28, 2004, after the state court’s decision became final, Holcombe filed an amended complaint in fed- eral district court adding the two defendants in this case. The defendants filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing issue and claim preclusion, as well as failure to state a claim upon…