COOPER v. JACKSON
1:12-cv-01340
D.D.C.Apr 23, 2013Background
- Cooper, a pro se plaintiff, sues in 2012 regarding events from decades earlier.
- Earlier, from 1981–1989, MPD terminated Cooper; a 1984 district court order reinstated him.
- Reinstatement led to exams; positive drug test prompted termination in 1989.
- Cooper litigated through OEA and DC Superior Court; final outcome upheld termination in 2012.
- The district court dismissed some claims as time-barred and denied reconsideration; Defendants moved to dismiss remaining claims on res judicata grounds.
- The court granted Defendants’ motion to dismiss with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reconsideration under Rule 54(b) is warranted | Cooper argues continued litigation tolled claims | No tolling; no error in initial ruling | Reconsideration denied |
| Whether defamation, libel, and constitutional claims are time-barred | Claims timely due to discovery or tolling | Claims untimely under applicable statutes | Time-barred and dismissed |
| Whether res judicata bars discrimination/harassment/retaliation claims | Claims distinct from prior but related | Proceedings had final judgment on merits; precludes re-litigation | Barred by res judicata |
Key Cases Cited
- Del. State Coll. v. Ricks, 449 U.S. 250 (1980) (tolling not triggered by grievance proceedings)
- Foster v. Gonzales, 516 F. Supp. 2d 17 (D.D.C. 2007) (tolling not available for internal proceedings)
- Cobell v. Norton, 355 F. Supp. 2d 531 (D.D.C. 2005) (discretionary reconsideration under Rule 54(b))
- Porter v. Shah, 606 F.3d 809 (D.C. Cir. 2010) (framework for res judicata applicability)
- Drake v. FAA, 291 F.3d 59 (D.C. Cir. 2002) (same nucleus of operative facts test for res judicata)
- U.S. Indus. Inc. v. Blake Constr. Co., Inc., 765 F.2d 195 (D.C. Cir. 1985) (definition of same transaction for res judicata)