No. 21-6498

Hye-Young Park v. Board of Trustees for the University of Illinois, et al.

Lower Court: Seventh Circuit
Docketed: 2021-12-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 28-usc-1915-e-2-b collateral-estoppel judge judicial-remedies plausibility-standard prior-suit res-judicata sexual-harassment university-policy
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2022-04-14 (distributed 2 times)
Question Presented (from Petition)

This Case presents conflicting interpretations between the Lower Courts and the Supreme Court regarding the application of res judicata, collateral estoppel, and failure to state a claim under "28 U.S.C. § 1915(e)(2)(B). "

Res judicata & collateral estoppel. The Seventh Circuit held that res judicata applies "even if the decision in the first [suit] was transparently erroneous " because if Gleash [the losing party] "wanted to contest the validity of the district judge's decision (...) he had to appeal [,]" but he did not. Gleash u. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).

Likewise, the Supreme Court held collateral estoppel "prevent[s] relitigation of wrong decisions just as much as right ones " because Hargis [the losing party] had a right to seek review, but Hargis did not. B&B Hardware, Inc. v. Hargis Indus., Inc., 575 U.S. 138, 157 (2015).

Res judicata & collateral estoppel do not apply when a losing party had no chance to be heard for the validity of a district judge's decision.

Failure to state claim. The Supreme Court held that a plaintiff must plead "only enough facts to state a claim to relief that is plausible on its face" to defeat a motion to dismiss filed pursuant to Rule 12(b)(6). 1 Bell All. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim meets the plausibility test "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. " Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009).

(1) Whether res judicata & collateral estoppel prevent relitigation of claims and issues in a prior suit when a judge 's acts in the prior suit led to a judicial result that precludes all resort to judicial remedies to a litigant.

(2) Whether Petitioner provided "enough facts " to allow the court to draw reasonable inference that Defendants are liable for the misconduct alleged.

Question Presented (AI Summary)

Whether res judicata and collateral estoppel prevent relitigation of claims and issues in a prior suit when a judge's acts in the prior suit led to a judicial result that precludes all resort to judicial remedies to a litigant

Docket Entries

2022-04-18
Rehearing DENIED.
2022-03-29
DISTRIBUTED for Conference of 4/14/2022.
2022-03-18
Petition for Rehearing filed.
2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2021-12-08
Waiver of right of respondent Robert Stake to respond filed.
2021-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2022)

Attorneys

Hye-Young Park
Hye-Young Park — Petitioner
Robert Stake
Kenneth D. ReifsteckThomas Mamer LLP, Respondent