Legal Opinion
Hawkins v. State, Dept. of Economic SEC.
Court of Appeals of Arizona
Decided August 10, 1995No. 2 CA-CV-95-0070PublishedCited by 62 opinions
1Opinion of the Court
OPINION
PELANDER, Judge.
This appeal raises an issue of first impression in Arizona: whether a judicially-unreviewed administrative determination by the state personnel board upholding a state employee’s demotion for cause has res judicata or collateral estoppel effect on, and therefore bars, a subsequent lawsuit claiming unlawful race and sex discrimination under the Arizona Civil Rights Act [ACRA], A.R.S. §§ 41- 1461 through 1464, 41-1481 through 1484. 1 We hold that the state personnel board’s determination that there was “cause” to discipline an employee does not preclude a separate suit…
2Cases cited24 opinions
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Allen v. McCurrySupreme Court of the United States · 1980
- Commissioner v. SunnenSupreme Court of the United States · 1948
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
- University of Tennessee v. ElliottSupreme Court of the United States · 1986
19 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Lamb v. GeovjianSupreme Court of Vermont · 1996
- Olson v. MorrisCourt of Appeals for the Ninth Circuit · 1999
- Taylor v. Graham County Chamber of CommerceCourt of Appeals of Arizona · 2001
- NEW SUN BUSINESS PARK, LLC v. Yuma CountyCourt of Appeals of Arizona · 2009
- Cook v. Orkin Exterminating Co., Inc.Court of Appeals of Arizona · 2011
57 more not listed; retrieve them via the Exa API.