MATHIAS, Judge.
In the first of these consolidated interlocutory appeals, Cathy Minix, ("Minix") appeals from the trial court's grant of summary judgment in favor of St. Joseph County Sheriff Frank Canarecci, Jr. ("the Sheriff") on Minix's wrongful death claim. On cross-appeal, Memorial Health Care, Inc. and several named employees (collectively, "Memorial"), and Madison Center, Inc. and its employee, Christine Lonz (collectively, "Madison") challenge the trial court's denial of their motion for summary judgment on Minix's medical malpractice and wrongful death claims. With respect to the trial court's grant of the Sheriff's motion for summary judgment, we reverse and remand for proceedings consistent with this opinion. With respect to the trial court's denial of Madison and Memorial's motion for summary judgment, we affirm.
Following the suicide of her eighteen-year-old son, Gregory Zick ("Zick"), while in custody at the St. Joseph County Jail, Minix brought a 42 U.S.C. § 1983 action in the United States District Court for the Northern District of Indiana against the Sheriff and multiple other defendants, including Memorial and Madison (together, "the Medical Providers"), who contract with the county to provide medical and mental health services to jail inmates. On behalf of Zick's estate, Minix alleged that the defendants violated Zick's Eighth and Fourteenth Amendment rights by displaying deliberate indifference to his risk of suicide. Minix also asserted several Indiana state-law claims, including a medical malpractice claim against the Medical Providers and claims under Indiana's Child Wrongful Death Statute ("the CWDS") against the Medical Providers and the Sheriff in his official capacity.
The federal court granted summary judgment in favor of all defendants on all of the federal claims except for the § 1983 deliberate indifference claim against the Sheriff in his official capacity. Thereafter, all state law claims remained pending. Then, on May 19, 2009, the Sheriff made an offer of judgment pursuant to Federal
Minix filed a notice of her acceptance of the offer on May 29, 2009. The next day, Minix filed a motion asking the federal court to enter final judgment on the federal official-capacity claim and to relinquish pendent jurisdiction over all pending state-law claims. On June 18, 2009, the federal district court entered an order directing the clerk to enter judgment against the Sheriff "in his official capacity" and then, having resolved all of the federal claims, declined to exercise pendent jurisdiction over Minix's state-law claims and therefore dismissed all of those claims without prejudice. Appellant's App. pp. 231, 228. The Sheriff subsequently paid the full amount of the judgment.
On March 12, 2009, Minix filed a complaint against the Medical Providers in St. Joseph Circuit Court asserting claims for medical malpractice and wrongful death under the CWDS. On July 17, 2009, Minix filed a separate complaint in St. Joseph Superior Court asserting a wrongful death claim against the Sheriff in his official capacity under the CWDS. These actions were subsequently consolidated in the St. Joseph Superior Court.
On December 4, 2009, Memorial filed a motion for summary judgment, in which Madison joined, alleging that any liability on their part was satisfied by the judgment entered against the Sheriff in federal court. After a hearing, the trial court denied the motion on May 11, 2010. On July 2, 2010, the Sheriff filed a motion for summary judgment asserting that the CWDS claim asserted in Minix's state court action was barred by principles of res judicata due to the entry of judgment against him in federal court. The Sheriff's motion was granted on August 20, 2010. In light of the trial court's entry of summary judgment in the Sheriff's favor, the Medical Providers renewed their motion for summary judgment, which the court again denied on August 23, 2010.
On that same date, Minix filed a motion asking the trial court to certify its interlocutory order granting summary judgment in favor of the Sheriff to allow for immediate appeal. On August 26, 2010, the Medical Providers filed a joint motion asking the trial court to certify its interlocutory order denying their motion for summary judgment to allow for immediate appeal. The trial court granted both motions, and this court accepted jurisdiction of both appeals and consolidated them for appellate review.
Summary judgment is appropriate only when there are no genuine issues of material fact and the moving party is entitled to
Rogier v. Am. Testing & Eng'g Corp., 734 N.E.2d 606, 613 (Ind.Ct.App.2000) (citations omitted).
Here, the trial court entered findings and conclusions in support of its grant of the Sheriff's motion for summary judgment and its denial of the Medical Providers' motion for summary judgment. While the entry of specific findings and conclusions offers insight into the reasons for the trial court's decision on summary judgment and facilitates appellate review, such findings and conclusions are not binding on this court. Ashbaugh v. Horvath, 859 N.E.2d 1260, 1264-65 (Ind.Ct.App. 2007). We may affirm a trial court's grant of summary judgment based on any theory supported by the designated materials. Estate of Kinser v. Ind. Ins. Co., 950 N.E.2d 23, 26 (Ind.Ct.App.2011).
Minix argues that the trial court erred in concluding that her CWDS claim against the Sheriff was barred by the doctrine of res judicata. The principles surrounding res judicata are well-developed in the law.
MicroVote Gen. Corp. v. Ind. Election Comm'n, 924 N.E.2d 184, 191 (Ind.Ct.App. 2010) (citations omitted).
In his motion for summary judgment, the Sheriff argued that Minix's wrongful death claim against him in his official capacity is barred by the doctrine of res judicata because Minix raised an identical state-law, official-capacity claim in the federal action and the federal court entered judgment in her favor on that claim. According to the Sheriff, because his offer of judgment simply stated that he offered to allow judgment against him "in his official capacity" and Minix's acceptance mirrored that language, the trial court's subsequent entry of judgment against the Sheriff must
Appellant's App. pp. 17-18.
Minix does not dispute that she raised an identical state-law, official-capacity claim against the Sheriff in the federal suit, but she argues that her claim is not barred because, regardless of the terms of the Sheriff's offer of judgment or the acceptance thereof, the judgment rendered by the federal court did not dispose of her state-law claims on their merits but rather, dismissed those claims without prejudice. Minix contends that because the Sheriff did not appeal or otherwise contest the judgment entered in the federal court, he cannot now challenge that judgment through a motion for summary judgment in the state court.
As an initial matter, we note that an offer and acceptance of judgment, by themselves, have no preclusive effect; rather, any preclusive effect springs from the judgment entered as a result of that agreement. See 18A Charles Alan Wright, et al., Federal Practice and Procedure: Jurisdiction § 4443 (2d ed. 2011) ("To support preclusion at all, there must be a judgment in some form; a settlement agreement by itself is effective only as a contract."). Thus, the Sheriff's reliance on the language of the offer and acceptance of judgment is misplaced.
Turning now to the preclusive effects of the federal district court's judgment, this court has noted that federal courts are split as to whether and to what extent consent judgments such as those arising under Rule 68 operate as a bar to subsequent litigation. Hanover Logansport, Inc. v. Robert C. Anderson, Inc., 512 N.E.2d 465, 469 (Ind.Ct.App.1987).
Id. at 470 (citations omitted).
Because of this dual aspect, some courts focus on the fact that a consent judgment is a final judgment by a court and conclude that, as such, a consent judgment possesses the same force with regard to principles of res judicata as a judgment entered after a trial. Id.; see, e.g., Interdynamics Inc. v. Firma Wolf, 653 F.2d 93, 96-97 (3d Cir.1981) ("[A] consent decree, although negotiated by the parties, is a judicial act. . . . Such a decree possesses the same force with regard to res judicata and collateral estoppel as a judgment entered after a trial on the merits."). Other courts focus on the contractual nature of consent judgments and apply principles of contract interpretation in determining their preclusive effect. See, e.g., May v. Parker-Abbott Transfer and Storage, Inc., 899 F.2d 1007, 1010 (10th Cir.1990) (reasoning that "consent decrees are of a contractual nature and, as such, their terms may alter the preclusive effects of a judgment"); Sec. & Exchange Comm'n v. Levine, 881 F.2d 1165, 1179 (2d Cir.1989) (reasoning that consent judgments should be construed basically as contracts and "interpreted in a way that gives effect to what the parties have agreed to, as reflected in the judgment itself or in documents incorporated in it by reference"). Under either approach, it is the judgment that controls, not the offer of judgment.
We need not decide which approach to take here because whether we interpret the consent judgment in the same manner as any other judgment or according to principles of contract, we reach the same conclusion. Because we conclude that the federal district court's judgment plainly indicated that it was dismissing without prejudice all the state-law claims raised in Minix's complaint, Minix's state-law CWDS claim against the Sheriff in his official capacity is not barred by the doctrine of res judicata.
In its June 18 order, the federal district court indicated that because an offer and acceptance of judgment had been filed with the court, the clerk was required to enter judgment against the Sheriff on the singular "official capacity claim against him." Appellant's App. p. 231 (emphasis added). The court went on to direct the clerk to enter judgment against the Sheriff "in his official capacity," without specifying whether it was referring to the federal or the state claim. Id. However, the order also contains the following language: "As to all state law claims asserted against [the Sheriff and other defendants], the court GRANTS the motion to decline pendent jurisdiction . . . and orders those claims DISMISSED without prejudice." Id. (emphasis added). In accordance with the court's order, the consent judgment entered against the Sheriff by the federal clerk as a result of the federal court's order contains the following language: "[J]udgment is hereby entered . . . against [the Sheriff] [i]n his official capacity in the sum of $75,000; All state law claims asserted against [the Sheriff and other defendants] are DISMISSED WITHOUT PREJUDICE[.]" Id. at 228 (emphasis added).
It is clear from the language of the consent judgment that the judgment did not encompass Minix's state-law CWDS claim against the Sheriff in his official capacity. Although the federal district court entered judgment against the Sheriff in his official capacity, the judgment did not specify that it included all of the official capacity claims against the Sheriff. The judgment did, however, expressly provide that all state-law claims against the Sheriff were dismissed without prejudice;
Thus, if we apply ordinary preclusion principles to the consent judgment, it is clear that Minix's current CWDS claim against the Sheriff is not barred. Because the federal district court expressly declined to exercise pendent jurisdiction over all of Minix's state-law claims, including her CWDS claim against the Sheriff in his official capacity, Minix is not barred by the doctrine of res judicata from reasserting those claims in her state court action. See Mark Jay Altschuler, Res Judicata Implications of Pendent Jurisdiction, 66 Cornell L.Rev. 608, 614 (1981) (citing United States Mine Workers of Am. v. Gibbs, 383 U.S. 715, 724, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966); In re Gen. Motors Corp. Engine Interchange Litig., 594 F.2d 1106, 1134 (7th Cir.1979) (holding that a federal district court, "having declined jurisdiction over the state claims, was without power to extinguish them")).
We reach the same conclusion by applying principles of contractual interpretation. Under contract principles, consent judgments must be interpreted in a way that gives effect to the parties' intention, as reflected within the four corners of the judgment itself. Levine, 881 F.2d at 1179 (quoting United States v. Armour & Co., 402 U.S. 673, 681-82, 91 S.Ct. 1752, 29 L.Ed.2d 256); see also Keck v. Walker, 922 N.E.2d 94, 101 (Ind.Ct.App.2010) ("Indiana follows the `four corners rule,' which states that extrinsic evidence is not admissible to add to, vary, or explain the terms of a written instrument if the terms of the instrument are susceptible of a clear and unambiguous construction."); Fackler v. Powell, 891 N.E.2d 1091, 1096 (Ind.Ct.App. 2008) (when the terms of a contract are clear and unambiguous, we will not construe the contract or look to extrinsic evidence, but will merely apply the contractual provisions), trans. denied. We may not "`expand or contract the agreement of the parties as set forth in the consent decree.'" Levine, 881 F.2d at 1179 (quoting Berger v. Heckler, 771 F.2d 1556, 1568 (2d Cir.1985)). "The meaning of a contract is to be determined from an examination of all of its provisions, not from a consideration of individual words, phrases, or even paragraphs read alone." Evan v. Poe & Assocs., Inc., 873 N.E.2d 92, 98 (Ind.Ct. App.2007).
Here, the language of the consent judgment as a whole clearly and unambiguously reflects the parties' intention that Minix not be barred from reasserting her state-law claims in state court. Although judgment was entered against the Sheriff in his official capacity, the judgment did not specify that it encompassed all of the official-capacity claims asserted against the Sheriff, and the judgment went on to specifically provide that all state-law claims against the Sheriff were dismissed without prejudice. Because the parties agreed that all of Minix's state-law claims, including her CWDS claim against the Sheriff in his official capacity, would be dismissed without prejudice, they agreed that Minix would not be barred from reasserting her state-law claims in an action in state court. See Zaremba v. Nevarez, 898 N.E.2d 459, 463 (Ind.Ct.App.2008) (claims dismissed without prejudice are not barred by the doctrine of res judicata); see also Black's Law Dictionary (9th ed.2009) (defining a "dismissal without prejudice" as "[a] dismissal that does not bar the plaintiff from refiling the lawsuit within the applicable limitations period"). Because the language of the consent judgment is clear and unambiguous, we will not look beyond the four corners of the judgment itself to determine
The Sheriff devotes the majority of his brief to arguing that the terms of his offer and Minix's acceptance encompassed Minix's official-capacity CWDS claim against the Sheriff.
For all of these reasons, we conclude that Minix's CWDS claim against the Sheriff in his official capacity is not barred by the doctrine of res judicata. Therefore, the trial court erred in granting summary judgment for the Sheriff on that basis.
Because the trial court concluded that Minix's claim was barred by the doctrine of res judicata, it did not address the other arguments made by the Sheriff in support of his motion for summary judgment. On appeal, the Sheriff reasserts one of his arguments not addressed by the trial court; specifically, he argues that because Minix has already recovered damages in the § 1983 action in federal court, any recovery on the claim she has asserted against him in the state court would amount to a double recovery.
It is an elementary principle of tort law that a plaintiff is entitled to only one recovery for a wrong. Myers v. State, 848 N.E.2d 1108, 1110 (Ind.Ct.App.2006). In support of his argument that any recovery on Minix's state-law wrongful death claim against him would amount to a prohibited double recovery, the Sheriff cites several cases in which it was held that a single plaintiff was prohibited from recovering damages in both a § 1983 action and a state law tort action based on the same facts because those claims asserted essentially the same wrong. See, e.g., Clappier v. Flynn, 605 F.2d 519, 531 (10th Cir.1979) (pretrial detainee who sued sheriff after
These cases are easily distinguishable from the case at hand. Here, the § 1983 claim and the state-law tort claim are being asserted by different plaintiffs and seek redress for different injuries. The § 1983 deliberate indifference claim sought recovery for Zick's injuries resulting from the Sheriff's violations of Zick's constitutional rights. Thus, the plaintiff in the § 1983 action was Zick's estate; Minix asserted the § 1983 claim in the federal court action seeking damages for Zick's injuries in her capacity as personal representative of Zick's estate and not on her own behalf.
On the other hand, Minix's state court action seeks recovery under the CWDS, which allows a parent to pursue a claim for damages against a person whose wrongful act or omission causes the death of a child.
For all of these reasons, we conclude that the trial court erred in granting summary judgment in the Sheriff's favor. Accordingly, we reverse the trial court's order granting summary judgment in the Sheriff's favor and remand for proceedings consistent with this opinion.
On cross-appeal, the Medical Providers argue that the trial court erred in denying their motion for summary judgment. Specifically, they argue that in light of the Sheriff's satisfaction of the judgment rendered in the federal district court, Minix has already been fully compensated for the injuries alleged against them in the St. Joseph Superior Court and that Minix is therefore barred from seeking any additional recovery. The trial court disagreed, and in support of its denial of the Medical Providers' motion, the trial court made the following relevant findings and conclusions:
Appellees' App. pp. 13-14.
As an initial matter, we note that in her state court complaint against the Medical Providers, Minix asserted a claim for medical malpractice and a claim under the CWDS. As we explained above, the federal district court only entered judgment on the § 1983 deliberate indifference claim against the Sheriff, which was brought by Minix in her capacity as personal representative of Zick's estate and sought recovery for Zick's injuries. The CWDS claim against the Medical Providers, like the CWDS claim against the Sheriff, was brought by Minix personally and seeks recovery for Minix's injuries resulting from the loss of her son. For the same reasons we concluded that recovery
The medical malpractice claim, however, was brought by Minix in her capacity as personal representative of Zick's estate and seeks recovery for Zick's injuries allegedly resulting from the Medical Providers' professional negligence.
As we noted above, it is axiomatic that a plaintiff is only entitled to one full recovery for an injury. Consol. Rail Corp. v. Travelers Ins. Cos., 466 N.E.2d 709, 712 (Ind.1984). A logical outgrowth of the prohibition against double recovery is the one satisfaction rule, which provides that where a plaintiff asserts that the wrongful acts of two or more joint tortfeasors cause a single injury, satisfaction of the loss by one tortfeasor releases all other joint tortfeasors. See id. Mendenhall v. Skinner & Broadbent Co., 728 N.E.2d 140, 141 (Ind.2000) (noting that an "injured party is entitled to only one satisfaction for a single injury and the payment by one joint tortfeasor inures to the benefit of all").
The Restatement (Third) of Torts: Apportionment of Liability § 25(a) (2000) summarizes the one satisfaction rule as follows:
(emphasis added). Comment c to that section further provides that "[W]hen a plaintiff obtains a judgment for all recoverable damages, discharge of the judgment bars any further action against other potential tortfeasors. . . . By obtaining the full amount of recoverable damages, the plaintiff's legal rights are satisfied, and the plaintiff may not pursue any others for further recovery." (emphases added). See also Restatement (Second) of Judgments § 50 cmt. d (1982) ("[W]hen a judgment is based on actual litigation of the measure of a loss, and the judgment is thereafter paid in full, the injured party has no enforcible [sic] claim against any other obligor who is responsible for the same loss." (emphasis added)).
Here, although the federal court rendered judgment against the Sheriff for the same injuries asserted against the Medical Providers in the medical malpractice claim, that judgment did not include a determination of the entirety of recoverable damages
We also note that the Medical Providers raised a similar claim before the Seventh Circuit in Minix's appeal from the federal district court's order granting summary judgment in favor of the Medical Providers on Minix's federal claims. Minix v. Canarecci, 597 F.3d 824, 830 (7th Cir.2010). Specifically, they argued that Minix's appeal was moot because her acceptance of the Sheriff's $75,000 offer of judgment fully compensated for the injuries alleged and left Minix with no viable claim for compensatory damages against them. Id. The court disagreed, reasoning in part that it was "doubtful" that the Sheriff's offer fully compensated for the injuries alleged in light of verdicts rendered in other jail suicide cases. Id. (citing Woodward v. Corr. Med. Servs., 368 F.3d 917, 920 (7th Cir.2004) (upholding $250,000 in compensatory damages on § 1983 deliberate indifference claim arising out of jail suicide)). Thus, it appears likely that the Sheriff's $75,000 payment was in fact insufficient to fully compensate the estate for Zick's injuries, and Minix is not barred from pursuing additional damages from the Medical Providers on behalf of Zick's estate.
For all of these reasons, we conclude that the Medical Providers are not entitled to summary judgment on the grounds asserted. We therefore affirm the trial court's denial of the Medical Providers' motion for summary judgment.
With respect to the trial court's grant of the Sheriff's motion for summary judgment, we reverse and remand for proceedings consistent with this opinion. With respect to the trial court's denial of the Medical Providers' motion for summary judgment, we affirm
Affirmed in part, reversed in part, and remanded for proceedings consistent with this opinion.
KIRSCH, J., and VAIDIK, J., concur.