892 F. Supp. 2d 115
D.D.C.2012Background
- Brown sues the Navy seeking $2,727.00 allegedly withheld in 1988 and interest; court will grant defendant’s motion to dismiss or for summary judgment.
- Damages awarded in Brown v. U.S. Dep’t of the Navy related to back pay totaled $121,706.64; Navy paid $80,839.30 by check in 1988; Social Security taxes of $2,727.00 were withheld.
- Brown contends CSRS coverage in 1982–1988 exempted him from 1988 Social Security taxes and that money was erroneously deposited into FICA.
- History includes 1990 Title VII judgment, 2002 contempt motion denial, and 2004 DC Circuit affirmation; prior proceedings addressed the same monetary issue.
- Plaintiff now characterizes the issue as misappropriation under the Constitution and seeks reimbursement; court analyzes under the doctrine of res judicata.
- Court grants defendant’s motion to dismiss based on res judicata
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Brown’s claim barred by res judicata? | Brown argues no constitutional issue litigated before; not same grounds. | Claim arises from prior judgment and could have been raised earlier. | Yes, barred by res judicata |
| Does Brown’s constitutional misappropriation theory survive? | No new facts, only a new legal theory. | New theory recharacterizes old facts; barred. | No, barred by res judicata |
Key Cases Cited
- Montana v. United States, 440 U.S. 147 (1979) (final judgment on merits bars subsequent suits on same action)
- Parklane Hosiery Co. v. Shore, 439 U.S. 322 (1979) (identity of issues and final judgment considerations in res judicata)
- Hardison v. Alexander, 655 F.2d 1281 (D.C. Cir. 1981) (res judicata forecloses claims that could have been litigated previously)
- I.A.M. Nat’l Pension Fund v. Indus. Gear Mfg. Co., 723 F.2d 944 (D.C. Cir. 1983) (scope of res judicata in industrial disputes)
- Apotex, Inc. v. FDA, 393 F.3d 210 (D.C. Cir. 2004) (same nucleus of facts governs relitigation of claims)