(PS) King v. CA Dept. of Water Resources

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELISE KING, Case No. 2:17-cv-01257-JDP (PS) Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION FOR JUDGMENT ON THE

v. PLEADINGS CALIFORNIA DEPARTMENT OF ECF No.

WATER RESOURCES,

15 Defendant.

17 This case requires the court to decide whether a plaintiff is precluded from litigating in federal court the issue of disability under the Rehabilitation Act when the State Personnel Board has previously determined that the plaintiff is not disabled under California’s Fair Employment and Housing Act. Although several courts outside this circuit have addressed the availability of issue preclusion under the Rehabilitation Act, the issue has not been addressed by this court. If issue preclusion is generally available under the Rehabilitation Act, the court must consider whether a decision of the State Personnel Board would be entitled to preclusive effect in state court—and, if so, whether issue preclusion should apply in this…