Rodolfo Lizcano - Page 24




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          the sense of ‘identity of interests’ has been broadly construed             
          and applied. * * * Privity between the United States and the                
          Commissioner of Internal Revenue is also recognized by this                 
          Court.”  Gammill v. Commissioner, supra at 614.  Similarly,                 
          Government officials or employees who are sued in their official            
          capacities are generally considered to be in privity with the               
          Government or their governmental agencies.  Bloomquist v. Brady,            
          894 F. Supp. 108, 114 (W.D.N.Y. 1995) (Secretary of the Treasury            
          was in privity with the United States); see Gregory v. Chehi, 843           
          F.2d 111, 120 (3d Cir. 1988); Thurston v. United States, 810 F.2d           
          438, 444 (4th Cir. 1987); Town of Seabrook v. New Hampshire, 738            
          F.2d 10, 11 (1st Cir. 1984).                                                
               Respondent is permitted to use collateral estoppel in the              
          defensive sense because petitioner’s case in the District Court             
          was against respondent, at least initially, and named individual            
          employees of respondent.  The fact that petitioner did not                  
          include respondent as a defendant in his District Court amended             
          complaint does not bar the application of collateral estoppel               
          because respondent has privity with its employees.  See supra               
          note 7.  Furthermore, the captions of the order and judgment of             
          the District Court include respondent, and the judgment                     
          specifically provides:  “IT IS ORDERED, ADJUDGED, and DECREED               
          that Plaintiff Rodolfo Lizcano TAKE NOTHING against Defendants              
          the United States of America, the Internal Revenue Service, the             







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