Personnel Appeals Board Decision Against Pro Se Plaintiff with Dementia Does Not Collaterally Estop Her Disability Discrimination Claim

The plaintiff worked as a corrections officer for seven? years.?? ?She? was? voluntarily? demoted? to office assistant.?? She began to have performance issues. ?Her supervisor noted that she was having trouble communicating and focusing, and sent her to a psychologist for a medical examination. ?She was diagnosed with dementia. ?She was terminated for inability to perform the essential functions of her job.? ?She appealed her termination to the Personnel Appeals Board. ?She was unrepresented and lost. ?She later filed a disability discrimination suit in court. ?The trial court dismissed the action on the basis of collateral estoppel.?? The court of appeals reversed on the grounds that it would be unjust to apply estoppel to a plaintiff who represented herself while suffering from dementia. Carver v. DOC, 147 Wn. App. 567, 197 P.3d 678 (2008) (Korsmo, Sweeney, Schultheis).