United States Second Circuit

In an action brought by a public school teacher against a school, alleging various state and federal tort claims, district court's of defendant's motion for summary judgment on grounds that plaintiff's claim is barred by res judicata is affirmed where: 1) the state court decision against plaintiff on his intentional infliction claim was decided on the merits and bars his pursuit of the substantive due process claims in federal district court; 2) the parties in the state and federal actions are in privity for purposes of res judicata; and 3) plaintiff had a fair and adequate opportunity to litigate his claims, even if they may have eventually been separated from one another.

Appellate Information

• Decided 06/03/2009
• Published 06/03/2009

Judges

• SACK, Circuit Judge:, Before:  WINTER and SACK, Circuit Judges, and COGAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Leon M. Rosenblatt, Law Offices of Leon Rosenblatt, West Hartford, CT, for Appellant.


• For Appellees:
  
• Michael J. Rose, Rose Kallor, LLP (Johanna G. Zelman, Melinda A. Powell, of counsel), Hartford, CT, for Appellees.