Gibson

Gibson v. Ada County

Good Law
266 F. App'x 686
United States Court of Appeals for the Ninth CircuitFebruary 14, 2008No. 06-35600California465 words

Opinion

lead Opinion

MEMORANDUM **

Plaintiff-appellant Stacy Gibson appeals the district court’s dismissal of her 42 U.S.C. § 1983 claim on alternative grounds of (1) claim and issue preclusion, and (2) the claim being time-barred. She also appeals the district court’s denial of various post-judgment filings and its award of attorney’s fees to appellees for those filings pursuant to 42 U.S.C. § 1988 (b). We affirm. 1

An Idaho court would preclude Gibson’s current § 1983 claim on the basis of her earlier litigation in the Idaho state courts. See Noel v. Hall, 341 F.3d 1148, 1166 (9th Cir.2003); Diamond v. Farmers Group, Inc., 119 Idaho 146 , 804 P.2d 319, 323 (1990). Gibson’s federal complaint alleges violations of her civil rights by appellees relating to her termination, culminating with the July 2, 2003 denial of a hearing by the Ada County Board of Commissioners. Gibson previously challenged the appellees’ conduct culminating in the Personnel Hearing Officer’s final decision to terminate her in Gibson II. See Gibson v. Ada County, 142 Idaho 746 , 133 P.3d 1211, 1216, 1221 (2006). Gibson previously challenged the Board’s refusal to hear her appeal in Gibson III. See id. at 1216, 1222. Both cases…

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