Douglas Miller v. County of Santa Cruz

Douglas Miller appeals the district court’s grant of summary judgment to the County of Santa Cruz and the individually named defendants. The district court concluded that the doctrines of res judicata and collateral estoppel barred Miller’s federal suit under 42 U.S.C. § 1983 because he failed to seek review of the adverse decision of the Santa Cruz County Civil Service Commission. 796 F.Supp. 1316 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Miller was employed by the Santa Cruz County Sheriffs Department from December 1980 until February 1988. He was terminated after four disciplinary actions, the last of which related to an alleged failure to report an overpayment of wages. Miller contested his dismissal before the Santa Cruz County Civil Service Commission. The Commission held a public evidentiary hearing at which Miller was represented by counsel and was permitted to present oral and documentary evidence and to call witnesses. The Commission sustained his dismissal, issuing written findings and conclusions.

Miller was notified of his right to seek judicial review in the Superior Court of California. CahCode Civ.P. §§ 1094.5 and 1094.6. He elected…