Daniel R. Denardo v. Patrick Murphy, Alaska Public Employees Association, State of Alaska

Good Law
781 F.2d 1345·1986 U.S. App. LEXIS 21260
United States Court of Appeals for the Ninth CircuitJanuary 30, 198685-3745, 85-3773California1,722 words

Opinion

Opinion

Wright, J.

De Nardo brought this pro se civil rights action four years after being fired from his job with the State of Alaska and after judgment against him on an identical complaint entered in state court. After filing this federal action but before judgment, De Nardo brought a third action, returning again to state court.

The district court granted summary judgment for the defendants on res judica-ta grounds. We do not reach the res judi-cata question, but we affirm the court’s judgment because the statute of limitation has run. We also hold that the district court did not abuse its discretion in issuing an injunction barring De Nardo from relit-igating his claim.

BACKGROUND

In April 1978, De Nardo was discharged by the state for not paying union dues. He filed unfair labor charges with the Alaska Labor Relations Agency, which rendered a decision against him. He did not appeal that decision.

More than a year later, he brought suit in Alaska Superior Court against Patrick Murphy, the Alaska Public Employees Association, and the State of Alaska.

In September 1980, the state court granted the defendants’ summary judgment motion. Both the Alaska and United States Supreme Courts denied…

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