Shena Hickman filed a civil rights complaint in the District Court for the District of New Jersey against Facebook/Meta. She alleged violations of Title VII and the Age Discrimination in Employment Act, claiming race, sex, and age discrimination. Additionally, she alleged whistleblower retaliation, asserting that she was targeted for exposing alleged criminal wrongdoing in the company's hiring practices. Her complaint included bizarre allegations that Facebook/Meta used a network of white supremacists and police to harass, drug, and abuse her. Facebook/Meta moved to dismiss, arguing that the claims were barred by claim preclusion. The District Court agreed, noting that Hickman had already litigated these same claims in two prior federal cases in California and Florida, both of which were dismissed with prejudice. Hickman appealed, but the Third Circuit summarily affirmed the dismissal.
The Third Circuit applied the doctrine of claim preclusion, also known as res judicata, which prevents parties from relitigating claims that have already been decided. Under federal law, claim preclusion requires three elements: a final judgment on the merits in a prior suit, the same parties or their privies, and a subsequent suit based on the same cause of action. The court found all three elements were satisfied. Hickman had previously filed 'Hickman I' in the Northern District of California and 'Hickman II' in the Southern District of Florida. In both instances, the claims were dismissed with prejudice, which operates as an adjudication on the merits. Furthermore, Hickman asserted the same claims against the same defendant based on the same underlying facts in all three suits. The court rejected Hickman's response to the motion to dismiss, which relied on speculative conspiracy theories alleging that Facebook/Meta had illegally cyberattacked the dockets of the prior cases. The court found no argument or evidence to undermine the District Court's conclusion that the prior judgments barred the current suit. Consequently, the appeal failed to present a substantial question, warranting summary affirmance.
The dismissal with prejudice means Shena Hickman cannot refile the same claims against Facebook/Meta in federal court. The Third Circuit also issued a specific warning that Hickman is prohibited from filing further documents in this appeal, except for a timely petition for rehearing. The court noted that Hickman's filings have been frivolous and abusive, and it reserved the right to impose sanctions, including monetary fines and restrictions on her ability to file documents electronically or use the emergency motions email address. The decision leaves no open questions regarding the preclusive effect of the prior dismissals in this specific context.
Podcast (federal-narrative-summaries): Play in new window | Download