Daniel Fling v. United States Postal Service, et al.

Does the federal common law of claim preclusion bar a party’s due-process claim against the United States Government in a United States district court if: (1) a previous and different United States district court barred the individual’s non-constitutional claim on the basis of the applicable statute of limitations and dismissed the complaint without addressing the operative facts of that matter; (2) the facts supporting the constitutional claim occurred prior to the first action, overlap the operative facts of the non-constitutional claim, but are not wholly coincident; and (3) the introduction of evidence and litigation of the operative facts supporting the due-process claim would not be impeded by issue preclusion?