Dookeran v. County of Cook, Illinois

Federal 7th Circuit Court
Civil Court
Res Judicata
Case Number: 
No. 11-3197
Decision Date: 
May 3, 2013
Federal District: 
N.D. Ill., Div.
Dist. Ct. did not err in granting defendant-employer’s motion to dismiss on res judicata grounds plaintiff’s Title VII action alleging that defendant’s denial of his application for reappointment to defendant’s medical staff was based on his race and national origin, where instant dismissal was premised on defendant’s failure to include Title VII claim in prior certiorari action that plaintiff had filed in Cook County Circuit Court that also sought appeal from said denial of his application for reappointment to said staff. Both Title VII and certiorari actions satisfied identity of causes of action element of res judicata test where both actions concerned same transaction, and there was no jurisdictional impediment to plaintiff including his Title VII action in his 2006 certiorari action. Fact that prior to Ill. Supreme Ct. decision in Blount, 904 NE2d 1 (2009), several Ill. App. Ct. decisions prohibited plaintiff from bringing Title VII action in circuit court did not require different result. (Dissent filed.)