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Robinson v. Elder4/26/2005
atment Program, and upon successful completion thereof, the balance was suspended for decreasing levels of probation. Plaintiff filed an appeal therefrom, raising issues regarding his mental health. Robinson v. State, Del. Supr., No. 415, 2003, Berger, J. (July 20, 2004). He did not advance any retaliation theory regarding a beard and/or his religious beliefs. The Supreme Court affirmed the Superior Court. Id.
Now, in a civil suit, plaintiff argues that the defendants are liable to him for damages incurred when they violated his constitutional rights. Specifically, he alleges they terminated him from the Crest Program because he was a Muslim who refused to shave his facial hair.
The Court concludes plaintiff is barred from bringing this suit. See Taylor v. State, 402 A.2d 373, 375 (Del. 1979) ("The test for applying collateral estoppel requires that (1) a question of fact essential to the judgment, (2) be litigated and (3) determined (4) by a valid and final judgment.") At the time of the violation of probation hearing, why plaintiff was terminated from the Crest Program was the essential factual issue before the Court. The Court found the reason for his termination to be as set forth in the violation report. Not once did plaintiff assert an ulterior motive on the part of defendants, such as retaliation for plaintiff's refusal to shave his facial hair and/or religious discrimination. Plaintiff should have advanced this factual issue as a reason for his termination from the Crest Program at the time of his violation of probation hearing. His failure to do so prevents him from making such an assertion in this complaint seeking damages for his removal from the Crest Program based on an allegedly illegal reason. In other words, since the reason for plaintiff's termination from the Crest Program has been litigated and determined by a valid and final judgment, plaintiff is estopped from relitigating this fact in this personal injury suit.
For the foregoing reasons, the Court dismisses this complaint with prejudice.
IT IS SO ORDERED.
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