Ursula Holcombe v. David Hosmer Richard Kirkland, and Dale Liebherr

Appellant Ursula Holcombe (“Holcom-be”) alleged under 42 U.S.C. § 1983 that Appellees David Hosmer and Richard Kirkland (collectively “defendants”) dismissed her from the Nevada Department of Public Safety (“Highway Patrol”) in retaliation for associating with her husband in violation of her First Amendment rights. The district court granted the defendants’ Rule 12(b)(6) motion, concluding that Holcombe’s claims were precluded by the state court’s affirmance of an administrative decision upholding her termination. Holcombe appeals, contending that her First Amendment claims were not adjudicated in the state court proceedings, therefore, they were not actually litigated and are not precluded. We affirm the dismissal of Holcombe’s case.

FACTS AND PROCEDURAL HISTORY

The Highway Patrol terminated Hol-combe 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…