2d Circuit: Res Judicata Bars Relitigation of Moorish Officers Dismissal

In Bey v. City of New York, (2d Cir., Dec. 19, 2011), the U.S. 2nd Circuit Court of Appeals dismissed on res judicata grounds a suit by two New York City correctional officers who were members of the Moorish American Religion-- which teaches that Moors are exempt from taxes.  Appellants were dismissed from their Department of Corrections positions for filing false tax documents with the intent to defraud.  The Court concluded that a prior lawsuit which plaintiffs lost was based on the same series of transactions that give rise to the constitutional challenge to plaintiffs' suspension and termination in this case.