William Wilborn v. Halifax Cnty (VA) School Board

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to submit on the briefs (Local Rule 34(e)) [999956031-2] Originating case number: 4:16-cv-00008-JLK-RSB Copies to all parties and the district court/agency. [1000057620].. [16-1690]

Appeal: 16-1690

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Filed: 04/07/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1690

WILLIAM WILBORN,
Plaintiff - Appellant,
v.
HALIFAX COUNTY (VIRGINIA) SCHOOL BOARD,
Defendant - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at
Danville. Jackson L. Kiser, Senior District Judge. (4:16-cv-00008-JLK-RSB)

Submitted: March 30, 2017

Decided: April 7, 2017

Before KEENAN, WYNN, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Melvin E. Williams, MEL WILLIAMS PLC, Roanoke, Virginia, for Appellant. R. Craig
Wood, MCGUIREWOODS LLP, Charlottesville, Virginia; Tyler S. Laughinghouse,
MCGUIREWOODS LLP, Richmond, Virginia; E. Rebecca Gantt, MCGUIREWOODS
LLP, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1690

Doc: 28

Filed: 04/07/2017

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PER CURIAM:
William Wilborn appeals the district court’s order granting the Halifax County
School Board’s (“School Board”) motion to dismiss his claims as barred by Virginia’s res
judicata rule. We affirm.
Wilborn filed suit in state court against the School Board, in which he alleged a
violation of his due process rights and breach of contract following the School Board’s
decision to terminate his employment. Wilborn later nonsuited his breach-of-contract
claim. The School Board filed a demurrer, and the state court sustained the demurrer and
dismissed Wilborn’s due-process claim with prejudice. Wilborn filed a second suit against
the School Board, reasserting his previously nonsuited breach-of-contract claim and adding
two additional claims. The School Board removed the action to federal district court,
asserted a res judicata defense, and moved to dismiss the second complaint. Because
Wilborn’s claims involve the same parties and stem from the same conduct or occurrence
– his termination – we agree that Virginia’s res judicata rule bars his claims. See Va. Sup.
Ct. R. 1:6 (res judicata claim preclusion).
Accordingly, we affirm for the reasons stated by the district court. Wilborn v.
Halifax Cty. Sch. Bd., No. 4:16-cv-00008-JLK-RSB (W.D. Va. May 23, 2016). We grant
the Halifax County School Board’s motion to submit this case on the briefs because the
facts and legal contentions are adequately presented in the materials before this court and
oral argument would not aid the decisional process.
AFFIRMED

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