Union Pacific Railroad Co. v. United Transportation Union

Ronny J. Sanders appeals the district courts grant of summary judgment dismissing his 42 U.S.C. § 1983 (1983) claims as well as other pendent state claims against Sears, Roebuck & Company and Daniel J. Geiger. Sanders had alleged that Geiger, a security guard employed by Sears, had maliciously and wrongfully detained him at a Sears Roebuck department store on suspicion of shoplifting computer disks valued at $37.00. The district court granted summary judgment for the defendants, holding that collateral estoppel precluded Sanders relitigation of probable cause of arrest because the issue had been adjudicated at Sanders state criminal trial. The district court also dismissed the state pendent claims of malicious prosecution, negligence and vicarious liability. On appeal, Sanders urges 1) that the issue involved in his § 1983 suit was not litigated in his state criminal trial, and 2) that he did not have a fair opportunity to litigate the issue of lack of probable cause for arrest at the state trial.