ORLONZO HEDRINGTON, ET AL V. USA

Circuit 9May 22, 2026

Split Score

SplitScore: 27/100

Case Summary

Disposition

Reversed

The Ninth Circuit held that the district court erred in giving claim-preclusive effect to a time-barred FTCA action (Hedrington II) to dismiss an earlier, timely FTCA suit (Hedrington I). Relying on its precedent in Filice, the court ruled that California’s claim-preclusion law governs because the alleged tort occurred in California, reversed the grant of summary judgment to the United States, and remanded for further proceedings.

View Full Opinion Document (PDF)

Circuit Split Identified

Legal Issue

Whether, in Federal Tort Claims Act cases, the claim-preclusive effect of a prior federal judgment is governed by the forum State’s law where the act or omission occurred or by federal common-law res judicata principles.

Circuit Positions

Circuit 9(this circuit)

State claim-preclusion law governs FTCA judgments (apply law of the State where the act or omission occurred).

Circuit 5

Federal common-law res judicata governs the preclusive effect of FTCA judgments (state rules are not incorporated).

Conflict Summary

The Ninth Circuit holds that the FTCA’s directive to apply the “whole law of the State where the act or omission occurred” incorporates that State’s claim-preclusion rules, while the Fifth Circuit applies federal claim-preclusion principles, treating a prior federal judgment (including statute-of-limitations dismissals) as preclusive regardless of state rules.

Parties & Counsel

Parties

Appellant:Orlonzo Hedrington
Appellee:United States of America

Legal Counsel

Appellant:Pro Se (Orlonzo Hedrington)
Appellee:Joseph B. Frueh, Assistant U.S. Attorney; Michele Beckwith, Acting U.S. Attorney; Phillip A. Talbert, U.S. Attorney; Office of the U.S. Attorney, U.S. Department of Justice, Sacramento, CA