Virginia Lawyers Weekly

A Caucasian male who alleges race, gender, age and disability discrimination claims against the Department of Transportation is granted an extension of time to file his opposition to the government’s motion to summary judgment in his pro se lawsuit, but the U.S. District Court in Alexandria grants summary judgment to the defendant because the doctrine of res judicata bars his suit.

The court’s previous entry of summary judgment in favor of the government in plaintiff’s earlier lawsuit precludes all of plaintiff’s claims in the instant action. The claims raised in the earlier suit are largely identical to those raised in the complaint here, against the same defendant.

The earlier claims arose out of the overlapping EEO complaints plaintiff originally filed between 2003 and 2005, and on which he also bases the instant case. Plaintiff brings the same claims, stemming from allegations of discrimination during the same time period, in the case at bar.

In short, this case meets all the requirements of res judicata. The issuance of new Right to Sue letters does not override res judicata.

Summary judgment for defendant.

Perry v. LaHood, Sec’y of Transportation (Cacheris, J.) No. 1:09cv62, May 12, 2009; USDC at Alexandria, Va. VLW 009-3-274, 17 pp.

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