Geoffrey Jacobs v. State of Arizona

MEMORANDUM

Geoffrey Jacobs appeals the district court’s dismissal of his 42 U.S.C. § 1983 action claiming violation of his civil rights arising out of an allegedly unlawful search and seizure of his computer. He contends that the search constituted an invasion of rights that led to information leading in turn to his termination from the Arizona Department of Public Safety. He unsuccessfully challenged that termination in Arizona administrative proceedings, claiming violation of his constitutional rights, but admitting to the underlying misconduct. He did not appeal to the state trial court.

The district court dismissed this action, ruling that under Arizona state law, Ja cobs’s constitutional claims were barred by res judicata. It relied on Olson v. Morris, 188 F.3d 1083 (9th Cir.1999), which held that a plaintiffs section 1983 claims in federal court were barred by res judicata when the plaintiff failed to appeal an administrative decision to an Arizona state court with jurisdiction to adjudicate the constitutional claims. Jacobs contends that his federal claims involve constitutional rights that could not have been administratively adjudicated. Under Olson , however, if they…