Supreme Court of Colorado
Gale v. City & County of Denver
March 2, 2020500 P.3d 351
Summary
The court answered a certified question from the Tenth Circuit and held that Colorado law does not create an exception to claim preclusion for claims under 42 U.S.C. § 1983 following a prior C.R.C.P. 106(a)(4) action. Because the federal claims could have been brought in the state judicial-review proceeding, the prior proceeding could preclude them. The court explained that its earlier decisions rested either on federal preemption principles or on the inability to raise the federal claims in the prior proceeding, not on an exception to claim preclusion.