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Ivey v. United States Dep't of the Treasury

October 22, 2007

STEVEN IVEY, PLAINTIFF,
v.
UNITED STATES DEPARTMENT OF THE TREASURY, DEFENDANT.



The opinion of the court was delivered by: Emmet G. Sullivan United States District Judge

MEMORANDUM OPINION

This matter is before the Court on defendant's Motion to Dismiss and plaintiff's "Motion to Reassign Judge to Case." For the reasons set forth below, the Court will grant the former and deny the latter.

I. BACKGROUND

Plaintiff, a former employer of the Internal Revenue Service, brings this action against the United States Department of the Treasury ("Treasury") under the Privacy Act, see 5 U.S.C. § 552a.*fn1 Complaint ("Compl.") at 1. He appears to allege that Treasury has maintained and has disclosed three documents which contain information pertaining to him in the course of administrative proceedings and civil actions in federal courts without his consent in violation of the Privacy Act. See id. at 3-4. The documents are: (1) an undated electronic mail message from Robert M. Hall to Linda C. Ferguson, Karen D. Truss, and Brent E. Brown summarizing a telephone conversation between Angela Strong (a representative of the National Treasury Employees Union) and plaintiff; (2) correspondence dated March 5, 2001 signed by Robert M. Hall regarding his recommendation to terminate plaintiff; and (3) an electronic mail message dated April 2, 2001 forwarded by Karen D. Truss to Brent E. Brown regarding plaintiff's March 31, 2001 telephone conversation with Susan Karimi. Id., Ex. A, T and U respectively.

Plaintiff demands declaratory relief and an award of "relative fees and costs associated with the action and other relief as to it [sic] discretion for damages." Compl. at 5. Treasury moves to dismiss the complaint on the ground that plaintiff's claims are barred under the doctrine of res judicata.*fn2 See Memorandum in Support of Motion to Dismiss ("Def.'s Mot.") at 8-11.

II. DISCUSSION

A. Res Judicata Bars Plaintiff's Claims

Generally, a plaintiff is expected to "present in one suit all the claims for relief that he may have arising out of the same transaction or occurrence." U.S. Indus., Inc. v. Blake Const. Co., Inc., 765 F.2d 195, 205 (D.C. Cir. 1985) (quoting 1B J. Moore, Moore's Federal Practice, ¶ 0.410[1] (1983)). The doctrine of res judicata provides that a final judgment on the merits in a prior suit involving the same parties bars subsequent suits based on the same cause of action.

Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 n.5 (1979). Two cases implicate the same cause of action if they share the same nucleus of facts. Drake v. Fed. Aviation Admin., 291 F.3d 59, 66 (D.C. Cir. 2002), cert. denied, 537 U.S. 1193 (2003) (internal quotation marks and citation omitted). Res judicata bars not only claims that actually were litigated, but also claims that could have been litigated in the previous action. Allen v. McCurry, 449 U.S. 90, 94 (1980) (citation omitted); I.A.M. National Pension Fund v. Indus. Gear Mfg. Co., 723 F.2d 944, 949 (D.C. Cir. 1983) (noting that res judicata "forecloses all that which might have been litigated previously") (citation omitted); Hardison v. Alexander, 655 F.2d 1281, 1288 (D.C. Cir. 1981).

In order for res judicata to apply, Treasury must show: (1) the identity of parties in both suits, (2) a judgment rendered by a court of competent jurisdiction, (3) a final judgment on the merits, and (4) an identity of the cause of action in both suits. Paley v. Estate of Ogus, 20 F. Supp. 2d 83, 87 (D.D.C. 1998) (citing Brannock Assocs., Inc. v. Capitol 801 Corp., 807 F. Supp. 127, 134 (D.D.C. 1992) (citing U.S. Indus. Inc., 765 F.2d at 205 n.21 )).

Defendant argues that the Court's resolution of plaintiff's prior Privacy Act action against Treasury bars his claims in the instant civil action. See Def.'s Mot. at 8-9. In the prior action, plaintiff alleged that Treasury maintained records pertaining to him and disclosed these records to offices within Treasury and to other government agencies in violation of the Privacy Act. See id., Ex. 1 (Complaint, Ivey v. Snow, Civ. No. 04-0214 (EGS)). The three documents at issue in the instant civil action also were at issue in the prior action and were included as attachments to plaintiff's summary judgment motion. See Ivey v. Snow, Civ. No. 04-0214 (EGS) (D.D.C.) (Plaintiff's Motion for Summary Judgment [Dkt. #30], Ex. 4-5, 9). The Court ruled in Treasury's favor because its use and disclosure of these records in the course of defending itself in proceedings plaintiff brought before the Merit Systems Protection Board and the Equal Employment Opportunity Commission was authorized under the Privacy Act. Ivey v. Snow, No. 04-0214, 2005 WL 2474480, at *3 (D.D.C. Aug. 30, 2005), appeal dismissed, No. 05-5444 (D.C. Cir. Mar. 7, 2006).

Defendant thus demonstrates that the parties, plaintiff and Treasury, were the same in both civil actions. The causes of action are the same, in that plaintiff alleges violations of the Privacy Act arising from Treasury's maintenance and use of the same three documents in administrative proceedings and civil actions in federal court. In addition, Treasury shows that a court of competent jurisdiction entered a final judgment in its favor on the merits of those claims.

Plaintiff counters by arguing that his allegations of "perjury, forging of evidence, and subornation of perjury regarding the exhibits herein was not raised previously." Plaintiff's Reply to Motion to Dismiss ("Pl.'s Opp'n") ¶ 12. That plaintiff chose to raise some, but not all, of his claims in the prior suit works to his detriment. The doctrine of res judicata bars not only relitigation as to every ground of recovery or defense actually presented in the prior action, but also every ground which might have been presented. Flynn v. 3900 Watson Place, Inc., 63 F. Supp. 2d 18, 22 (D.D.C. 1999) (quoting Shin v. Portals Confederation Corp., 728 A.2d 615, 618 (D.C. 1999)).

The Court will grant Treasury's motion to dismiss on the ground that plaintiff's Privacy Act claims are barred ...


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