Can collateral estoppel apply to a judgment in a federal civil rights action?

MultiRegion, United States of America

The following excerpt is from Hunt v. City and County of San Francisco, 29 F.3d 632 (9th Cir. 1994):

The party seeking to assert collateral estoppel has the burden of pleading and proving that estoppel applies. Hernandez v. City of Los Angeles, 624 F.2d 935, 937 (9th Cir.1980). State law governs the application of collateral estoppel to a state court judgment in a federal civil rights action. Ayers v. City of Richmond, 895 F.2d 1267, 1270 (9th Cir.1990). Under California law, collateral estoppel applies only if the following conditions are met: (1) the prior proceeding must have been such that parties against whom collateral estoppel is asserted were fully motivated to litigate the issue; (2) there must have been a full and fair opportunity to litigate the issue; (3) the issue must be identical to that litigated in the earlier proceeding; and (4) the parties against whom collateral estoppel is asserted must have been parties to the earlier proceeding, or in privity with the parties. McGowan v. City of San Diego, 208 Cal.App.3d 890, 895 (1989).

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