# Hardison v. Alexander > Court of Appeals for the D.C. Circuit · May 26, 1981 · 655 F.2d 1281 URL: https://www.frixlaw.com/law-library/cases/7845249 ## Case - **Full name:** Benjamin F. HARDISON, Jr. v. Clifford ALEXANDER, Jr., Secretary of the Army - **Court:** Court of Appeals for the D.C. Circuit - **Decided:** May 26, 1981 - **Citations:** 655 F.2d 1281; 211 U.S. App. D.C. 51 - **Precedential status:** Published - **Opinion:** Concurrence by Bazelon - **Judges:** Bazelon, Robb, Wilkey - **Cited by:** 154 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7845249 ## How later opinions describe it (automated extraction) - stating that in general res judicata applies even if there has been a subsequent change in the law of the circuit, but noting that there are exceptions for reasons of compelling public policy, such as cases involving important questions of constitur tional law - holding that res judicata is not overcome by a subsequent change in the law of the Circuit - explaining that subsequent judicial decisions are not a basis to override the doctrine of res judicata in civil cases, absent extraordinary circumstances such as "paramount questions of constitutional law or exclusive jurisdiction" - noting that “on rare occasions the courts have been willing to override the bar of res judicata” in cases involving “paramount questions of constitutional law” (citing Moch v. E. Baton Rouge Parish Sch. Bd., 548 F.2d 594 (5th Cir.1977); Griffin v. State Bd. of Educ., 296 F.Sup… - noting that "the doctrine is designed to conserve judicial resources, avoid inconsistent results, engender respect for judgments of predictable and certain effect, and to prevent serial forum-shopping and piecemeal litigation” ## Opinion text BAZELON, Senior Circuit Judge, concurring: I concur, but I write separately to highlight two matters I believe to be implicit in the court’s opinion. First, the doctrine of res judicata does not apply to claims arising after the litigation in Michigan. Second, an act of administrative grace is not ipso facto shielded from judicial review. Prior to his Michigan suit, Hardison had allegedly never been considered for promotion by a properly constituted selection board. He could have litigated that issue as part of the Michigan action; he could have appealed, on that ground, the Michigan court’s failure to enjoin his involuntary release from the Army. The release scheduled for July 1977 is therefore res judicata. After the Michigan suit, the Army corrected Hardison’s record and reconsidered his promotion by means of standby advisory boards. He was again passed over and scheduled for release in 1979. These actions arguably give rise to a new claim. Hardison asserts that the standby advisory boards were not properly constituted to consider his promotion. These boards are, however, the bodies which normally (and lawfully) reconsider promotions after personnel records have been corrected. See Knehans v. Alexander, 566 F.2d 312, 314-15 (D.C.Cir.1977), cert. denied, 435 U.S. 995 , 98 S.Ct. 1646 , 56 L.Ed.2d 83 (1978). The standby advisory boards have thus not been “substituted” for regular promotion selection boards, but acted well within their authority. After considering Hardison’s corrected record, they refused to grant a promotion. Since Hardison’s complaint alleges no other unlawful action — such as discrimination, for example — it simply fails to state a claim upon which relief can be granted. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7845249. Public record. Not legal advice.