MYRON H. THOMPSON, District Judge.
Plaintiff John Turner brought this action against the defendants (the City of Dothan and a number of its police officers in their official and individual capacities), asserting unlawful search and use of excessive force in violation of his Fourth, Fifth, and Eighth Amendment rights under the United States Constitution as well as violations of Alabama common law. Subject-matter jurisdiction is proper under 28 U.S.C. §§ 1331 (federal question), 1343(a)(3) (civil rights), and 1367 (supplemental). The case is now before the court on the defendants' objection to Turner's amended complaint and the defendants' motion to dismiss. The motion to dismiss will be granted and the objection to Turner's amended complaint will be overruled as moot.
This case arises out of late-night 9-1-1 call to the police from Turner's residence. In November 2008, someone from the residence started to call 9-1-1 but hung up before anyone answered. A Dothan policeman came to the house to investigate and, after knocking, was greeted by Turner's companion at the front door. The policeman walked in uninvited.
After the policeman entered, Turner asked him to leave. Following a discussion, the policeman used his taser several times on Turner. Multiple other police officers then arrived at the house and proceeded to threaten, punch, and kick Turner. Turner claims he was not resisting.
Turner brought this case about two years later, asserting illegal police conduct during the above incident. However, at the same time Turner was bringing this case in federal court, he was being prosecuted in state court for assault and resisting arrest based on the same incident. Turner moved to discontinue pretrial deadlines in this court—that is, he essentially sought a stay of this litigation—in response to the state prosecution. Counsel for the defendants objected.
In May 2011, this court conducted an on-the-record call regarding the motion to discontinue. In that call, the defendants' counsel explained that he objected to a stay of the litigation unless Turner's counsel provided assurance that the federal case would be dismissed should Turner be convicted in state court. Turner's lawyer stated that he had "no intent on going forward with the case if [Turner] got found guilty" in state court.
Dec. to the Court (doc. no. 41) at 3. Turner signed the declaration, and it was notarized. After receiving this declaration, the court discontinued all deadlines, stayed this litigation, and required the parties to provide monthly joint reports on the status of the criminal case.
Around three years later, in March 2014, a state jury found Turner not guilty of aggravated assault but guilty of resisting arrest. The stay was dissolved the same month.
Turner moved to amend his complaint in October 2014. The court allowed the amended complaint but provided defendants with time to file an objection. The defendants filed a timely objection to the amended complaint and moved to dismiss.
The defendants argue that their objection to the amended complaint should be sustained and the motion to dismiss granted because Turner made a valid contract to dismiss the case should he be found guilty in state court and because Turner is bound by judicial estoppel to follow his declaration to the court. The court finds that Turner is bound by his contract; therefore, it need not address the judicial-estoppel argument.
As this court has previously discussed, federal courts have taken different approaches in interpreting contracts, such as settlement agreements, that resolve federal claims.
A valid contract requires "an offer and an acceptance, consideration, and mutual assent to terms essential to the formation of a contract."
As a threshold matter, the court interprets Turner's declaration to the court as a written memorialization of the contract between Turner and the defendants. In 2011, what Turner wanted was essentially a stay of the case, and the defendants offered to do so, if provided assurance that Turner would not pursue his federal litigation should he be found guilty in state court. Turner accepted this offer by submitting a written declaration to the court memorializing his promise. In consideration of this promise, the defendants did not oppose the stay, and, in return, they received a promise of dismissal if Turner was found guilty in state court. The contract therefore had an offer, acceptance, and consideration. The court turns to interpreting the valid contract.
There is some ambiguity as to whether Turner's declaration promised to dismiss the federal case if he was found guilty of one, but not all, of the state charges. The declaration first states that "in the event [Turner] is found guilty of assault
Given this ambiguity, the court turns to extrinsic evidence and concludes that Turner agreed to dismiss the federal suit if he was found guilty of either charge in state court.
Instead of arguing that he does not have to dismiss under the contract because he was found guilty of one rather than both crimes, Turner contends that he never received valid consideration for his waiver of constitutional rights. He cites
In sum, Turner made an agreement to dismiss this federal—court case if he was found guilty of a crime in state court based on the same facts. He was subsequently found guilty in state court but sought to continue this suit rather than dropping it as promised. The court will deny this attempt and hold Turner to his agreement.
An appropriate judgment will be entered.
As discussed above, Turner took inconsistent positions—that is, he promised to stop litigating his federal case if he were found guilty in state court on either charge but now is trying to litigate his federal claim despite the guilty verdict. Although Turner contends that the inconsistent positions must be in different proceedings rather than in the same litigation, the court is unpersuaded.
Turner also has made a mockery of the judicial system because his errors were "intentional contradictions, not simple error or inadvertence."