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Everett v. Perez

United States District Court for the Eastern District of Washington · Civil Procedure

Civil ProcedureSummary JudgmentCollateral EstoppelPrivityissue preclusionoffensive estoppelprivitysummary judgment

Facts

Harold and Idella Everett entered Alford pleas to sexual-abuse charges after allegations made by their daughters during interrogations by defendant Robert Perez, a Wenatchee police officer and foster parent of the daughters. In later state personal restraint proceedings, a reference hearing was held concerning recantations and alleged state misconduct, and the Washington Court of Appeals ultimately allowed withdrawal of the Everetts' guilty pleas; the State did not seek further review and did not retry the charges. In this subsequent civil suit, the Everetts sought to bind Perez and the City of Wenatchee to findings from the prior criminal-related proceedings. Plaintiffs argued that Perez and the City were in privity with the prosecution because of agency, control over the case, and virtual representation.

Issue

Whether, under Washington collateral-estoppel law, Perez and the City of Wenatchee can be offensively estopped in this civil action based on findings made in the prior criminal proceedings involving the Everetts. More specifically, the question was whether those defendants were parties to, or in privity with parties to, the prior prosecution and reference hearing.

Rule

Under Washington law, collateral estoppel applies only if the party seeking estoppel shows: (1) identical issues, (2) the party to be estopped was a party in the first suit or in privity with such a party, (3) the first suit resulted in a final judgment on the merits, and (4) no injustice would result. In federal court, the preclusive effect of a Washington judgment is determined by Washington law. Privity may exist where a nonparty controls or substantially participates in controlling the prior litigation, or in limited virtual-representation situations, but not where the nonparty lacked the ability to litigate the issue in the earlier proceeding.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Seattle, Maya Rios won a state administrative appeal overturning findings made against her in a prior state licensing proceeding. She then filed a § 1983 action in federal court against two county inspectors and argued that the federal court should apply federal common-law preclusion rules because the new suit is federal.

Which approach should the federal court take when determining the preclusive effect of the prior Washington judgment?

Explanation. The majority opinion states that, under the Full Faith and Credit Act, a federal court must use Washington law to determine the preclusive effect of a Washington judgment. The fact that the later suit includes federal claims does not authorize the court to substitute federal preclusion rules for Washington's rules.