Federal Circuits, 6th Cir. (July 08, 1991)
Docket number: 90-1793
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U.S. Supreme Court - MacDonald, Sommer & Frates v. Yolo County, 477 U.S. 340 (1986)
U.S. Supreme Court - Middlesex County Ethics Comm. v. Garden State Bar Assn., 457 U.S. 423 (1982)
U.S. Supreme Court - Patsy v. Board of Regents of Fla., 457 U.S. 496 (1982)
U.S. Supreme Court - Parratt v. Taylor, 451 U.S. 527 (1981)
U.S. Supreme Court - Younger v. Harris, 401 U.S. 37 (1971)
U.S. Court of Appeals for the 1st Cir. - Duty Free Shop, Inc., Plaintiff, Appellant, v. Administracion de Terrenos de Puerto Rico, Defendant, Appellee., 889 F.2d 1181 (1st Cir. 1989) Inc., Plaintiff, Appellant, v. Administracion de Terrenos de Puerto Rico, Defendant, Appellee.
Before KEITH and BOGGS, Circuit Judges, and BERTELSMAN, District Judge.*
PER CURIAM:Plaintiffs Lawrence J. Stockler ("Stockler") and Phillip J. Goodman ("Goodman") (collectively "plaintiffs") appeal from the July 3, 1990, order dismissing their civil rights action against the City of Detroit (the "City"), the Mediation Tribunal Association (the "Association"), and Judge Kaye Tertzag ("Judge Tertzag") and assessing sanctions against the plaintiffs. For the following reasons, we AFFIRM the dismissal but REVERSE the award of sanctions.I.This case is the latest in a series of suits concerning the property rights over the real property and the 18,000 square foot building that was located at 201 East McNichols in the City of Detroit. The property was owned by Albert Semaan ("Semaan"). Stockler is the holder of a lien against the assets of Semaan. Goodman is the receiver of the assets of Semaan. The State of Michigan asserted that it acquired the property in a tax foreclosure sale. On November 27, 1985, the City acquired the property from the State of Michigan. On May 9, 1986, the City took emergency measures under a Detroit ordinance to have the building removed because the building was extensively fire damaged and structurally unsafe.In the first suit ("Stockler I "), filed in the United States District Court for the Eastern District of Michigan on January 12, 1988, Stockler and Goodman's predecessor alleged that the City did not have proper title to the property. They alleged that the property was still controlled by Goodman, but that the City had improperly claimed the property through a tax foreclosure sale and improperly torn down the building. They further alleged that the demolition of the building violated the Detroit Building Code (the "Code") because they did not receive advance notice of the demolition. The complaint alleged inverse condemnation and pendant state claims of trespass and conversion. The inverse condemnation count alleged that the City's actions constituted a wrongful taking of property without just compensation (the "takings" claim) and without due process of law (the "due process" claim). The City responded that plaintiffs had failed to allege a cause of action upon which relief could be granted and that the claims were barred for failure to exhaust state statutory remedies and other state remedies. The district court ruled that plaintiffs had failed to pursue adequate state postdeprivation remedies for inverse condemnation and dismissed the case.Plaintiffs appealed to this court. In an unpublished per curiam opinion, we affirmed the determination of the district court. Stockler v. City of Detroit, No. 88-2203, (6th Cir. Sept. 25, 1989). We held that the takings claim was not actionable if the state had provided an adequate posttaking remedy, following Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985). Stockler v. City of Detroit, No. 88-2203, at 3. We noted that the Michigan Supreme Court had held that an inverse condemnation action was available in Michigan under the state constitution. Id. We held that the due process claim was similarly precluded by the opportunity for a state postdeprivation remedy, following the Supreme Court in Parratt v. Taylor, 451 U.S. 527 (1981). See Williamson, 473 U.S. at 195 & n. 14, 197.After our decision in Stockler I, plaintiffs filed suit in Wayne County Circuit Court alleging inverse condemnation, trespass, and conversion (Stockler II ). Stockler II progressed through pretrial procedures, including submission of plaintiffs' claims and defenses to a panel of mediators assembled under the auspices of the Mediation Association. Michigan Court Rule 2.403 provides for submission of claims for money damages for evaluation by a panel of three attorneys. The mediators evaluate the value of the claim. If a party rejects the mediators' evaluation, the case proceeds to trial. A rejecting party, however, may be subject to the payment of the other party's costs, including attorney fees, unless the verdict is more favorable to the rejecting party than the mediation evaluation. Mich.Ct.R. 2.403(O)(1).Plaintiffs failed to appear at the initial mediation in Stockler II. The claim was resolved in their absence for $10,000. The trial court set aside the initial mediation evaluation at plaintiffs' request. A hearing before a second mediation panel was held on February 28, 1990. This hearing resulted in the mediators unanimously evaluating the case at $0. Plaintiffs again moved to have the mediation evaluation set aside. They argued that the neutral mediator committed error when he raised an issue sua sponte which led to an evaluation of zero worth. Plaintiffs' motion was denied on March 23, 1990.On May 3, 1990, the instant case was filed in the Eastern District of Michigan (Stockler III ). Stocker II was still pending in state court at the time. The case against the City remained substantially the same as the case in the earlier actions. Plaintiff further alleged, however, that the conduct of Stockler II indicated that the remedy available in state court was not adequate. Plaintiffs alleged that the Association denied them a right to a fair trial and due process. Plaintiffs' brief also alleges that the mediation system is an unconstitutional delegation of authority by the Michigan Supreme Court. The state trial judge in Stockler II, Judge Tertzag, was also named as a defendant.On June 28, 1990, Judge Tertzag filed a motion to dismiss the instant action. The Association also filed a motion to dismiss. The district court entered an order dismissing the Association, Judge Tertzag, and the City.On July 17, 1990, plaintiffs filed a timely notice of appeal to this Court. On October 16, 1990, Judge Tertzag was dismissed from this appeal upon stipulation of the parties.At oral argument, plaintiffs' counsel informed the Court that during the pendency of this appeal, Stockler II was dismissed from state court after plaintiffs failed to appear on the date of trial. Plaintiffs had informed the state court that their lawyer, a sole practitioner, had another trial on the date Stockler II was scheduled, but a motion for continuance was denied. Plaintiffs filed an emergency appeal with the Michigan Court of Appeals which was denied for lack of merit. Plaintiffs sought to go directly to the Michigan Supreme Court, but were informed that they must seek a rehearing from the Michigan Court of Appeal prior to seeking Michigan Supreme Court review.II.A.In summary, this action is a challenge to the procedures in Stockler II. Plaintiffs allege that the Stockler II procedures are not an adequate remedy to the allegedly wrongful deprivation of property and, therefore, the loss of the Detroit property was without due process and without just compensation. There are two components to this challenge. The first component argues that the original taking of the property by the City was without due process and that plaintiffs are entitled to compensation. The second component challenges the procedures under which plaintiffs must seek relief for the first component. Plaintiffs concede that they were told by this Court in Stockler I that they must first utilize the state court proceedings for inverse condemnation before they could argue the first component in federal court. That decision was in part based on the conclusion of this Court that the state inverse condemnation proceeding was an adequate postdeprivation remedy for the wrongs alleged in the first component of this challenge. The second component of plaintiffs' challenge is an allegation that plaintiffs' experience in Stockler II, after our decision in Stockler I, proves that the state proceedings are not an adequate postdeprivation remedy which must be utilized before the first component of the challenge can be brought in federal court.Plaintiffs did not wait for the completion of Stockler II or to complete an appeal of Stockler II in state court before they urged a federal court to conclude that Michigan's inverse condemnation proceedings are inadequate. Instead, plaintiffs have brought this third action in the middle of the state proceedings for a determination that those incomplete proceedings are inadequate.This case is complicated by its interwoven procedural history and the convergence of similar doctrines discussing the proper interrelation of the federal and state courts. Our affirmance of dismissal in Stockler I was based on ripeness. The district court in the instant case, Stockler III, dismissed the action under the doctrine of abstention established in Younger v. Harris, 401 U.S. 37 (1971). The court declined to exercise its jurisdiction to issue a declaratory judgment declaring the case in progress in state court, Stockler II, constitutionally lacking due process. We find the district court properly applied abstention to dismiss the case rather than entertain injunctive or declaratory relief against the Stockler II state proceeding. This was the proper resolution of the request for equitable relief. We also find that dismissal of the challenge for damages--the challenge alleging the same claims seeking compensation for the Detroit property because of taking without just compensation or due process alleged in Stockler I and Stockler II--was proper because of ripeness and res judicata.B.We review an exercise of Younger abstention de novo. Traughber v. Beauchane, 760 F.2d 673, 676 (6th Cir.1985). The principles of Younger abstention dictate that federal courts do not unnecessarily interject themselves into state civil or criminal court proceedings by issuing an injunction or declaratory judgment against those proceedings. Middlesex County Ethics Comm. v. Garden State Bar Ass'n, 457 U.S. 423, 431-32 (1982); Lamb Enter. Inc. v. Kiroff, 549 F.2d 1052, 1056-57 (6th Cir.), cert. denied,