Abner

Abner v. Compton Unified School District

Good Law
74 F. App'x 843
United States Court of Appeals for the Ninth CircuitSeptember 16, 2003No. 02-56539; D.C. No. CV-01-08649-CBMCalifornia327 words

Opinion

Lead Opinion

MEMORANDUM **

Janice Abner appeals pro se the district court’s order dismissing her employment *844 discrimination action against the Compton Unified School District, alleging sex discrimination and retaliation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo determinations of res judicata, C.D. Anderson & Co. v. Lemos, 832 F.2d 1097, 1100 (9th Cir.1987), and for abuse of discretion the district court’s denial of leave to amend, Griggs v. Pace Am. Group, Inc., 170 F.3d 877 , 879 (9th Cir.1999). We affirm.

The district court properly dismissed Abner’s claims connected to her reassignment from school psychologist to classroom teacher on res judicata grounds because she has brought four previous actions arising from the same transactional nucleus of facts in state and federal court, and could have asserted these claims in the prior actions. See Costantini v. Trans World Airlines, 681 F.2d 1199, 1201 (9th Cir.1982) (res judicata bars all grounds for recovery which could have been asserted, whether they were or not, in a prior suit between the same parties on the same cause of- action).

The district court properly dismissed Abner’s second cause of action without…

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