300 P.3d 850
Wyo.2013Background
- Armstrong was hired by the DEQ as an environmental analyst in January 2005.
- Armstrong learned alleged improper permitting influence by his supervisor and informed DEQ officials.
- Armstrong was terminated June 5, 2007, over about $2,500 in personal charges on a state cell phone, which he alleged as pretext.
- The OAH reinstated Armstrong to his DEQ position in February 2008; DEQ sought district-court review.
- In July 2008 Armstrong took a job in Montana; DEQ offered a settlement, he did not respond, and DEQ accepted his resignation on August 28, 2008 and paid backpay after deductions.
- Armstrong filed a state-court action in January 2011 with breach-of-contract and defamation claims; the court dismissed as barred by the Wyoming Governmental Claims Act statute of limitations and res judicata; Armstrong appealed and this Court dismissed the appeal for procedural rule violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of contract vs. settlement conditions | Armstrong claims DEQ breached the settlement by treating resignation as unconditional and not satisfying conditions. | DEQ argues the settlement/offer terms were not enforceable; court decisions foreclose contract claims. | Dismissed; issue not reached due to procedural dismissal. |
| Estoppel and res judicata defenses | State should be estopped from arguing res judicata; judicial estoppel precludes federal-decided issues. | DEQ may rely on res judicata and collateral estoppel defenses based on prior federal proceedings. | Dismissed; appeal dismissed for procedural failures, not merits. |
| Defamation claims viability | Defamation harmed Armstrong’s employment opportunities. | Defamation claims barred by statute of limitations. | Dismissed; procedural dismissal, merits not reached. |
Key Cases Cited
- Call v. Town of Thayne, 2012 WY 149, 288 P.3d 1214 (Wyo. 2012) (limits on pro se litigation and need for cogent arguments)
- Forbis v. Forbis, 2009 WY 41, 203 P.3d 421 (Wyo. 2009) (require cogent argument and pertinent authority on appeal)
- Armstrong v. Wyo. ex rel. Dep't of Envtl. Quality, 408 F. App’x 136 (10th Cir. 2010) (settlement offer not enforceable contract under Wyoming law)