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J.S. v. Bethlehem Area School District2/15/2002
Argued: November 5, 2001
J.S. (Student), a minor, by and through his parents and natural guardians H.S. and I.S. (collectively, Appellants), appeal from the February 25, 2000 order of the Court of Common Pleas of Northampton County (trial court) that granted summary judgment in favor of the Bethlehem Area School District, Thomas Doluisio and A. Thomas Kartsotis (collectively, School District). We affirm.
In May of 1998, Student was in the eighth grade at Nitschmann Middle School. Sometime prior to May, Student created a website on his own computer while at home. The website, titled "Teacher Sux," contained several web pages that made derogatory comments about Student's algebra teacher, Mrs. Fulmer, and Mr. Kartsotis.
As a result of the website, the School District began disciplinary proceedings against Student that consisted of two days of hearings held on August 19 and 26, 1998 before the Bethlehem Area School Board (School Board). Based upon the evidence presented, the School Board concluded that Student violated the Student Code of Conduct by 1) making threats to a teacher, 2) harassing a teacher and 3), showing disrespect to a teacher. Consequently, the School Board voted to permanently expel Student.
Appellants appealed Student's expulsion to the trial court, alleging that the School District violated Student's First, Fifth, Sixth and Fourteenth Amendment rights. The trial court affirmed Student's expulsion and, on appeal, we affirmed. See J.S. v. Bethlehem Area Sch. Dist., 757 A.2d 412 (Pa. Cmwlth. 2000), appeal granted, ___ Pa. ___, 771 A.2d 1290 (2001).
In addition to challenging Student's expulsion, Appellants filed a civil rights action against the School District. Appellants alleged that the School District (1) deprived Student of his civil rights under 42 U.S.C. §1983 when it allegedly violated Student's First, Fifth, Sixth and Fourteenth Amendment rights, (2) conspired to violate Student's civil rights in violation of 42 U.S.C. §1985(3), (3) deprived Student of his civil rights under the Pennsylvania Constitution and (4), abused the legal process. The trial court granted, in part, the School District's preliminary objections; it dismissed Appellants' §1983 claims based on alleged violations of Student's Fifth and Sixth Amendment rights. All other causes of action remained.
Thereafter, on December 29, 1999, the School District filed a motion for summary judgment. In granting the motion, the trial court found that Appellants' claims were barred by res judicata. Appellants now seek review before this Court.
Res judicata encompasses two related, yet distinct principles: technical res judicata and collateral estoppel. Henion v. Workers' Compensation Appeal Board (Firpo & Sons, Inc.), 776 A.2d 362 (Pa. Cmwlth. 2001). Technical res judicata provides that where a final judgment on the merits exists, a future lawsuit on the same cause of action is precluded. Id. Collateral estoppel acts to foreclose litigation in a subsequent action where issues of law or fact were actually litigated and necessary to a previous final judgment. Id.
Technical res judicata requires the coalescence of four factors:
(1) identity of the thing sued upon or for; (2) identity of the causes of action; (3) identity of the persons or parties to the action; and (4) identity of the quality or capacity of the parties suing or being sued. Id. Res judicata applies to claims that were actually litigated as well as those matters that should have been litigated. Id. Generally, causes of action are identical when the subject matter and the ultimate issues are the same in both the old and new proceedings. Id.
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