Appellate Law

CA1: vindicative license revocation okay due to preclusion

By S. COTUS

Giragosian v. Ryan, No. 08-1067.  One upon a time there once was a gun shop that would give lessons in the sports of shotting-stuffs-man-ship.  While being taught the art of shooting, a customer committed suicide.  The police chief revoked his gun license.  The gun store owner went to state court, and the state court vacated the suspensions.  Undeterred, the police chief revoked his license again citing some other reasons.  So, the gun-store owner sued under 42 U.S.C. 1983 in federal court and proceeded in state court as well.

This time the police chief did better at state court.  The first then holds that the 1983 action is precluded, but it seems to just say that the plaintiff made a strategic error (and therefore loses his business and livelihood) by simultaneously filing in state court, or at least should have filed the 1983 claim in state court when challenging the second denial.

The First also says that in a 12(b)(6) motion a District Court can consider documents from prior state court adjudications. 

Full post as published by Appellate Law and Practice on November 10, 2008 (boomark / email).