United States v. Dennis Torrey

MEMORANDUM

This is a trespass action involving a five-acre parcel of land allotted for Native Alaskan ownership. Dennis Torrey, a non-Native Alaskan, appeals the district court’s grant of partial summary judgment in favor of the United States on its trespass claim and denial of Torrey’s motion to dismiss on res judicata and equitable es-toppel grounds. The complex facts of this long-running quarrel are well known to the parties and are not materially disputed. We set them forth here only as necessary to explain our holding.

We review de novo the grant of summary judgment. United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir.2003). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. This action is not barred by the doctrine of res judicata (claim preclusion). Although a 1991 federal court order dis missed with prejudice a trespass claim brought by Patrick Chuitt, Sr. (“Chuitt”) against Torrey and his then-wife Alice, that action is not res judicata as to the present action because there is no “identity of claims.” Turtle Isl. Restoration Network v. U.S. Dep’t of State, 673 F.3d 914, 917 (9th Cir.2012) (quoting Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l…