United States District Court, N.D. Ohio, Western Division
G. Carr, Sr. U.S. District Judge
pro se action, plaintiff Verlean Everett brings
claims against the United States of America, J.C. Penney
Company (“J.C. Penney”), and the State of Ohio
for “pendant cases, religion discrimination, forgery,
ERISA pension violation, criminal nagligence [sic],
and race gender bias.” (Doc. 1).
Penney and the United States have filed motions to dismiss.
(Doc. 3, Doc. 9). For the reasons that follow, I grant those
unopposed motions. I also dismiss, sua sponte, the
claims against the State of Ohio.
Res Judicata Bars Everett's Claims Against J.C.
complaint first raises claims arising out of her former
employment with J.C. Penney. She alleges that J.C. Penney 1)
discriminated against her by terminating her after she
refused to sign a J.C. Penney policy that she alleges
interfered with her religious beliefs, 2) forged her
signature on the policy, and 3) committed ERISA violations.
Penney argues that res judicata bars Everett's
claims. I agree.
has already filed and lost a lawsuit against J.C. Penney in
this district. In that case, she asserted, as she does here,
claims for religious discrimination, forgery, and ERISA
violations in connection with her prior employment. The Sixth
Circuit Court of Appeals affirmed the district court's
decision, and the United States Supreme Court denied
Everett's petition for a writ of certiorari. See
Doc. No. 3-1; Verlean E. Macon v. J.C. Penney
Company, No. 3:12-CV-2826 (N.D. Ohio Apr. 14, 2014)
(Helmick, J.), aff'd, No. 14-3454 (6th Cir. Dec.
29, 2014), cert. denied, No. 14-946, 135 S.Ct. 1844
(Mem) (Apr. 20, 2015). Everett asks me to reverse these
decisions. (Doc. 1 at 27).
final judgment on the merits of an action precludes the
parties or their privies from relitigating issues that were
or could have been raised in that action.”
Federated Dep't Stores, Inc. v. Moitie, 452 U.S.
394, 398 (1981); see also Rivet v. Regions Bank, 522
U.S. 470, 476 (1998). Because Everett already litigated her
claims against J.C. Penney, res judicata bars her
from reraising those claims here.
therefore grant J.C. Penney's motion to dismiss.
Everett's Claims Against the United States Fail
allegations against the United States are unclear. It
appears, however, that those allegations relate to how a
police officer responded to an automobile accident and
subsequent litigation arising out of that
dismiss Everett's claims against the United States for
Everett's Allegations About the Police Officer's
Conduct Fail to State a Claim ...