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Soules v. State of Connecticut

2016 Suit's Dismissal as Res Judicata Upheld; Termination Claim was Raised in 2014 Action

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*1  Gary Soules appeals from the judgment of the United States District Court for the District of Connecticut (Bryant, J.) dismissing his complaint sua sponte on the ground of res judicata. Soules’ first action alleged harassment, discrimination, and retaliation by defendants on the basis of his disabilities, military status, and certain protected activities. After dismissal, Soules brought this second action alleging a nearly identical set of facts and claims, adding a single further allegation: that defendants terminated his employment in retaliation for filing the first action.*2

We conclude that Soules effectively amended his complaint via the motion papers in the first action to add a retaliatory termination claim. Accordingly, Soules could have raised his termination claim in the first action and did, and thus res judicata precludes Soules from litigating the claim in this subsequent case. We also reject Soules’ argument that the requirement to exhaust administrative remedies prevented him from raising the termination claim in the first action; the claim was “reasonably related” to the original administrative charge, and therefore Soules would not have been barred from bringing the claim in the first action. Furthermore, res judicata applies to claims pending review in administrative proceedings. The requirement to exhaust administrative remedies therefore does not alter our conclusion that res judicata precludes the second action. Affirmed.DENNIS JACOBS, C.J.Gary Soules appeals from the judgment of the United States District Court for the District of Connecticut (Bryant, J.) dismissing his complaint sua sponte on the ground of res judicata. Soules’ first lawsuit was dismissed. See Soules v.

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