United States Ninth Circuit

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Wabakken v. California Dep't of Corrections and Rehabilitation, 13-56075

In an action brought by a former employee of defendant, alleging violations of 42 U.S.C. section 1983 and California's Whistleblower Protection Act, and intentional infliction of emotional distress, the district court's summary judgment in favor of prison officials is reversed where, pursuant to State Board of Chiropractic Examiners v. Superior Court, 45 Cal. 4th 963, 976 (2009), the State Personnel Board's decision did not have preclusive effect under theories of res judicata and collateral estoppels and thus did not prevent the plaintiff from litigating his whistleblower retaliation damages claim in the district court.

Appellate Information

  • Decided 09/14/2015
  • Published 09/14/2015

Judges

  • PREGERSON

Court

  • United States Ninth Circuit

Counsel