266 U.S. App. D.C. 276 835 F.2d 340

835 F.2d 340

Carlos A. WOOD, Appellant v. SEVERAL UNKNOWN METROPOLITAN POLICE OFFICERS, et al.

No. 86-5057.

United States Court of Appeals, District of Columbia Circuit.

Argued Oct. 9, 1987.

Decided Dec. 15, 1987.

*277Melvin A. Marshall, Washington, D.C., for appellant.

Donna Murasky, Washington, D.C., for appellees. John H. Suda, Acting Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, and Michele Giuliani, Asst. Corp. Counsel, Washington, D.C., were on the brief, for appellees.

Richard M. Sharp, with whom Robert N. Strassfeld, Washington, D.C., was on the brief, as court-appointed amicus curiae, urging reversal.

Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, Michael J. Ryan and Barbara Van Gelder, Asst. U.S. Attys., Washington, D.C., were on the brief, for amicus curiae, U.S. urging affirmance. R. Craig Lawrence, Asst. U.S. Atty. also entered an appearance for amicus curiae, U.S.

Before ROBINSON, RUTH BADER GINSBURG and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

This case, as it was framed in the district court, raised an unsettled question concerning the interaction between federal and local courts in the District of Columbia: Does the “abstention” doctrine of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971),1 apply to the District’s local courts? The district court dismissed the case, which centered on a replevin petition; the court held that the Younger doctrine applies to local courts in the District of Columbia just as it applies to state courts. Memorandum and Order, Wood v. Several Unknown Metropolitan Police Officers, No. 85-2735 (D.D.C. Dec. 19, 1985), reprinted in Record Excerpts (R.E.) at 3-10.2 Because the Younger issue has be*278come moot “while on its way here,” we vacate the district court’s abstention disposition and remand the case with a direction to dismiss the plea for replevin on the ground of mootness. See United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950). We further instruct the district court to dismiss the entire case unless the plaintiff promptly tenders an amended complaint clearly delineating a viable constitutional tort claim separate and distinct from the replevin petition.

The petition for replevin which has become moot was filed in the district court on August 26,1985; the petition sought recovery of a sum of money (stated in the pleading to be $3,175 but in fact $3,185) seized by District of Columbia police officers during an August 13, 1985 drug raid. Plaintiff in the action, Carlos A. Wood, asserted that his money — taken during the execution of a search warrant at the residence of his brother — had been seized in violation of his fourth and fifth amendment rights.3 Specifically, Wood claimed that the seizure “was with judicial process which was based on a misrepresentation of fact from the police to [the] magistrate,” and that the anticipated District of Columbia forfeiture procedure authorized “seizures ... without any affidavits that demonstrate probable cause.” Petition for Writ of Replevin, paras. 1-3, reprinted in R.E. at 11-12. The petition invoked 28 U.S.C. § 1331(a) and 42 U.S.C. §§ 1983, 1988; sought damages as well as return of the money; and named as defendants the District of Columbia and “Several Unknown Metropolitan Police Officers.”

On September 9, 1985, two weeks after Wood commenced his federal court replevin action, the District of Columbia initiated a libel proceeding in the D.C. Superior Court for forfeiture of the seized money. The libel action rested on D.C.Code § 33-552, which provides for forfeiture of the proceeds of illegal controlled substances exchanges. Citing the civil forfeiture action pending in the D.C. Superior Court, the District of Columbia, on October 21, 1985, moved to dismiss the federal court action. On December 19, 1985, the district court granted the motion, applying the Younger doctrine, and dismissed the federal action. Wood v. Several Unknown Metropolitan Police Officers, supra. Ultimately, on February 2, 1987, the D.C. Superior Court entered a default decree of condemnation against the $3,185;4 that decree is now sub judice before the D.C. Court of Appeals.

Believing the Younger question to be dispositive of the appeal in the federal action, a motions panel of this court invited the United States to submit a brief amicus *279curiae limited to the Younger issue, and also directed appointment of members of the bar of this court to serve as amici curiae in support of appellant. Orders of March 17, 1987 and May 15, 1987. Furnished with amici briefs of excellent quality addressing the Younger question,5 the merits panel nonetheless observed, in preparing for oral argument, that the D.C. Superior Court’s February 2, 1987 condemnation decree had changed the posture of the federal case.6 At oral argument of the appeal, therefore, the merits panel granted leave to the parties and amici to file briefs addressing the following questions:

1. In view of the default decree of condemnation rendered by the D.C. Superior Court on February 2, 1987, and the preclusive effect thereof, has the issue of the applicability of the Younger doctrine to this case become moot? See Martin v. Malhoyt, No. 86-5561, slip op. at 57-58 [830 F.2d 237, 264-265] (D.C.Cir. Sept. 29, 1987).
2. If the D.C. Superior Court decree is preclusive as to the $3185 res, does plaintiff-appellant Wood’s complaint in this action state a separate and distinct claim under 42 U.S.C. § 1983 that is not precluded by the D.C. Superior Court decree? If so, identify with clarity what that claim is.

Instruction of October 9, 1987.7

Taking into account the responses to the court’s October 9, 1987 Instruction and, in particular, the District’s clear assertion of a res judicata defense based on the D.C. Superior Court decree, we now hold that decree preclusive as to the $3,185. See Restatement (Second) of Judgments § 30 (1982).8 The condemnation decree also precludes plain tiff-appellant Wood, who intervened and then defaulted in the D.C. Superior Court action, see supra note 4, from litigating against the municipality in federal court matters he placed at issue in the District of Columbia proceeding. See D.C.Sup.Ct.R.Civ.P. 41(b)'(“Unless the court in its order for dismissal otherwise specifies, ... any dismissal ... [other than one for lack of jurisdiction or failure to join a party necessary for just adjudication] operates as an adjudication upon the merits.”) (emphasis added).9

*280We recently reiterated that “a judgment otherwise final [generally] remains so despite the taking of an appeal.” Martin v. Malhoyt, at 265 (D.C.Cir.1987) (quoting Restatement (Second) op Judgments § 13 comment f); see also V.E.M. Hotel Serv., Inc. v. Uline, Inc., 190 A.2d 812, 813-14 (D.C.1963) (pendency of appeal does not impair preclusive effect of a trial court judgment). We cautioned, however, that “care should be taken in dealing with [a] judgment[ ] that [is] final, but still subject to direct review,” because of the risk that the judgment might be overturned on appeal. Martin v. Malhoyt, 830 F.2d 237, 264-65 (D.C.Cir.1987). In this case, however, we have strong reason to believe that the D.C. Superior Court’s judgment is sufficiently firm to warrant immediate credit. Plaintiff-appellant Wood’s counsel, himself, has informed us that the D.C. Court of Appeals has recently affirmed a default decree of condemnation entered by the D.C. Superior Court in a forfeiture proceeding not significantly different from the one in question here. See Memorandum Opinion and Judgment, Williams v. District of Columbia, No. 86-99 (D.C.C.A. Mar. 9, 1987).10

There remain, however, Wood’s vaguely stated claims against the unknown police officers — claims that were not placed at issue in the District of Columbia proceeding. Issue preclusion, as distinguished from claim preclusion, does not attend the Superior Court’s default decree of condemnation. See 18 C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 4440, at 365 (1981) (“The provision that penalty dismissals operate as an adjudication upon the merits is limited to claim preclusion. Of itself, the dismissal does not actually adjudicate any issues and does not support issue preclusion.”). Wood is therefore not foreclosed from proceeding against the unknown officers in federal court if he has a genuine claim to state against them. However, his original complaint focused primarily on the replevin plea which has now evaporated; that complaint, in its current shape, is too vague to support a discrete action against the unknown officers.

Conclusion

For the reasons stated, we vacate the district court’s abstention disposition and remand the case to that court with instructions to dismiss the replevin plea on the ground of mootness. Furthermore, we in*281struct the district court to dismiss the entire case unless the plaintiff promptly submits an amended complaint cogently stating a viable claim for damages separate and distinct from the replevin plea.

It is so ordered.

Wood v. Several Unknown Metropolitan Police Officers
266 U.S. App. D.C. 276 835 F.2d 340

Case Details

Name
Wood v. Several Unknown Metropolitan Police Officers
Decision Date
Dec 15, 1987
Citations

266 U.S. App. D.C. 276

835 F.2d 340

Jurisdiction
District of Columbia

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!