UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
June 9, 2009
KENNETH A. HINTON, PLAINTIFF,
CORRECTIONS CORPORATION OF AMERICA, DEFENDANT.
The opinion of the court was delivered by: Richard W. Roberts United States District Judge
The complaint in this case was originally filed in the Superior Court for the District of Columbia on March 19, 2008, and the defendants removed it alleging federal question jurisdiction. The cause of action in this complaint is indistinguishable from the cause of action in a complaint the plaintiff submitted to this court on February 4, 2007, which was opened as Hinton v. Corrections Corporation of America et al., Civil Action No. 08-312 (RWR).*fn1 That action was resolved on the merits with summary judgment for the defendant. See id., Mem. Op. (June 9, 2009).
Under the doctrine of res judicata, "a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." Allen v. McCurry, 449 U.S. 90, 94 (1980). "[A] final judgment on the merits in a prior suit involving the same parties . . . bars subsequent suits based on the same cause of action."
I.A.M. Nat'l Pension Fund v. Indus. Gear Mfr'g, 723 F.2d 944, 946-47 (D.C. Cir. 1983) (citing Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 n.5 (1979)). Because this complaint is based on the same cause of action that was litigated and decided on the merits in Civil Action No. 08-312, it is hereby
ORDERED that the complaint in this action be, and hereby is, DISMISSED WITH PREJUDICE as barred by res judicata.
This is a final, appealable order. See Fed. R. App. P. 4.