Bauerle

Bauerle v. City of Tucson

Good Law
234 F. App'x 607
United States Court of Appeals for the Ninth CircuitJune 14, 2007No. 06-15413California769 words

Opinion

Lead Opinion

MEMORANDUM **

Patricia Bauerle appeals pro se the dismissal on res judicata grounds of her 42 U.S.C. § 1983 suit against the City of Tucson, the Tucson City Court, various judges of the Tucson City Court, the State of Arizona, and U.S. District Judge Cindy K Jorgenson. We review the dismissal de novo. Manufactured Home Communities Inc. v. City of San Jose, 420 F.3d 1022, 1025 (9th Cir.2005). We may affirm on any proper ground supported by the record regardless of whether the district court reached the issue or relied on alternative grounds. Wright v. Riveland, 219 F.3d 905, 912 (9th Cir.2000).

Res judicata applies whenever three elements are satisfied: (1) an identity of claims, (2) a final judgment on the merits, and (3) privity between the parties. Tahoe Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 322 F.3d 1064, 1077 (9th Cir.2003). Bauerle’s previous action 1 was dismissed with prejudice and thus constituted a final judgment on the merits. See Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). Because Bauerle is the sole plaintiff in both suits, “[t]here can be no question that [she] already had a complete opportunity to litigate [her] claims.” See…

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