Gayle

MEMORANDUM **

The district court granted Marin County’s motion for summary judgment on grounds of claim preclusion. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

A California court would give preclusive effect to the Marin County Board of Supervisors’ decision affirming the initial decision of the Marin County Personnel Commission (“Personnel Commission”) that Gayle was justifiably terminated had Gayle brought his § 1983 claim in state court. Despite notice of his right to seek judicial review in the California Superior Courts, Gayle elected not to do so. Accordingly, the Board of Supervisors’ decision bars litigation of Gayle’s § 1983 claim in this court. See Miller v. County of Santa Cruz, 39 F.3d 1030, 1033 (9th Cir.1994).

Gayle had an adequate opportunity to litigate the allegations of racial discrimination that form the basis of his § 1983 claim in his Personnel Commission termination appeal. Id. at 1034-35; see also Marin County, Cal., Code § 2.56.110. Gayle’s Personnel Commission termination appeal and § 1983 claim encompass the same primary right, namely continued employment. Miller, 39…