Bordock v. Dollar General, Inc.
3:14-cv-01753
M.D. Tenn.Sep 2, 2014Background
- Plaintiff Laurie Bordock, pro se, sues Dollar General, Inc. for civil rights violations and defamation, seeking $1 billion in damages.
- Plaintiff is homeless/traveling and resides in Oklahoma; she files in forma pauperis but process will not issue.
- Court previously dismissed Bordock v. Dollar General, Inc., 3:13-cv-00043, with prejudice for failure to state a claim; Sixth Circuit later dismissed for want of prosecution.
- Court holds res judicata bars the federal civil rights claims based on the prior final judgment on the same cause of action.
- Plaintiff’s new complaint alleges trespass/trespass citation at Oklahoma Dollar General stores and defamation arising therefrom.
- Court declines supplemental jurisdiction after dismissing federal claims and dismisses the remaining state defamation claim without prejudice to be filed in Oklahoma state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal claims are barred by res judicata | Bordock's new complaint restates prior allegations | Claims were previously adjudicated and final | Yes; claims barred, dismissed with prejudice |
| Whether the defamation claim may be heard in federal court | Defamation occurred in Oklahoma and should be redressed | State tort claim not within original federal jurisdiction | No; dismissal without prejudice for lack of federal jurisdiction; can be filed in Oklahoma state court |
Key Cases Cited
- J.Z.G. Res., Inc. v. Shelby Ins. Co., 84 F.3d 211 (6th Cir. 1996) (defines res judicata; bars claims based on same cause of action)
- Montana v. United States, 440 U.S. 147 (U.S. 1979) (determines issue preclusion and conclusive results in later suits)
- Haddad v. Mich. Nat’l Corp., 34 F.App’x 217 (6th Cir. 2002) (final judgment on merits supports res judicata)
- Matter of W. Tex. Mktg. Corp., 12 F.3d 487 (5th Cir. 1994) (final judgment on merits for res judicata)
