Konarski

MEMORANDUM ***

Frank Konarski and his children appeal from the district court’s dismissals of two of their actions seeking relief from the City of Tucson’s decision not to enter into any new contracts with them under Section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437 , et seq. We agree with the district court that the two suits were barred by res judicata, and affirm.

Sometime prior to 1998, Frank Konarski had one or more disputes that apparently had racial overtones with tenants of his apartment structure and that led the Tucson Community Service Department to decline to enter into any new Section 8 contracts with him. 1 The Konarskis brought several lawsuits as a result of the incident and the decision not to enter into any new contracts. Most relevant for these appeals was Konarski v. Gaffney, et al., which became District of Arizona Civ. No. 01-503 TUC DCB. 2 In that case, the district court determined that the plaintiffs had “no right to participate in the Section 8 program.” The district court’s decision was affirmed by the Ninth Circuit. Konarski v. Valfire, 67 Fed.Appx. 458 (9th Cir.2003).

In these appeals, the Konarskis assert that their complaints…