Austin v. Niblick

626 F. App'x 167
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 7, 2015
DocketNo. 15-1957
StatusPublished
Cited by2 cases

This text of 626 F. App'x 167 (Austin v. Niblick) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Austin v. Niblick, 626 F. App'x 167 (7th Cir. 2015).

Opinion

ORDER

Jarren Austin obtained a default judgment in 1995 against John Niblick, a police officer for the City of Fort Wayne, Indiana, who violated his civil rights during an arrest. Austin was unable to collect on the judgment from Niblick. Years later, he asked the district court to enforce the judgment against Fort Wayne, Ni-blick’s former employer, on the theory that local law required the city to indemnify Niblick. The district court denied Austin’s request, reasoning in part that the law applies to only state-law liabilities. Construing Austin’s pro se filing as a motion for supplemental proceedings under Federal Rule of Civil Procedure 69, we conclude that he may proceed against the city to enforce his judgment, and so we vacate and remand.

The procedural history is simple. Austin, with the assistance of counsel, sued John Niblick and other unnamed officers of the Fort Wayne Police Department for beating him while arresting him in 1991. The complaint stated claims under both 42 U.S.C. § 1983 and state tort law. An attorney for the city entered an appearance on behalf of only the unnamed officers, and Austin agreed to dismiss them from the [169]*169suit with prejudice after the city’s attorney argued that the claims against them were time-barred. The claims continued against Niblick, who apparently no longer worked for the police department and had moved to Florida. Austin spent two years trying to locate Niblick, but was able to achieve service only through publication. Niblick never responded to the suit, and the district court entered a default judgment against Niblick in 1995, awarding Austin $16,998.36.

After efforts to find and collect from Niblick failed, Austin filed a pro se motion 19 years after the judgment, asking the district court to enforce the judgment against the City of Fort Wayne. He raised three arguments, but only one requires extended discussion; we address the other two at the end of this order. Austin argued that the city must pay him on his judgment against Niblick because the city indemnifies its employees for their adjudicated liabilities. Austin relied on a state statute, Ind.Code § 34-4-16.7-1 (1997) (it has since been amended and renumbered Ind.Code § 34-13-4-1 (2015)), and a city ordinance, Fort Wayne, Ind., Ordinance § 31.05 (2015). Alerted to the proceeding when Austin served the city with a copy of his motion, the city intervened in the suit and opposed Austin’s motion. The district court rejected Austin’s argument, reasoning that the indemnification statute did not create a private right of action to sue a governmental entity to compel it to pay a judgment and that the city ordinance applied only to state-law claims, not claims under § 1983.

Before we reach the merits of Austin’s appeal, we clarify the nature of his motion and the district court’s jurisdiction. “[C]ourts should look to the substance of the filing rather than its label” in “determining the character of a pro se filing.” United States v. Antonelli, 371 F.3d 360, 361 (7th Cir.2004). Because Austin has asked the court to enforce his judgment against a nonparty, his request is properly construed as a motion for supplemental proceedings under Federal Rule of Civil Procedure 69(a). Rule 69(a) allows successful litigants to collect on a judgment by using supplemental proceedings based on the procedures of the state in which the district court sits. See Resolution Trust Corp. v. Ruggiero, 994 F.2d 1221, 1223 (7th Cir.1993). Supplemental proceedings under Rule 69(a) may be used “to collect a judgment from a third person not party to the original suit.” Yang v. City of Chicago, 137 F.3d 522, 526 (7th Cir.1998). So long as “‘the additional proceeding does not inject so many new issues that it is functionally a separate case,’ ” the proceeding is within the district court’s ancillary jurisdiction. Id. (quoting Wilson v. City of Chicago, 120 F.3d 681, 684 (7th Cir.1997)). In Yang, we concluded that a plaintiff with a civil-rights judgment against Chicago police officers could use Rule 69(a) to enforce his judgment against the city, a nonparty indemnitor of the judgment debtor. Id. at 524, 526-27. A local indemnification law required Chicago to indemnify its officers if they had acted within the scope of their employment, and we held that the scope-of-employment issue may be determined during the supplemental proceeding. Id. Based on Yang, the district court had jurisdiction to consider Austin’s indemnification claim.

On the merits, the district court’s and the city’s two reasons for preventing Austin from enforcing his judgment through indemnification are incorrect. The first reason they identified was the proposition that state law provides Austin with no right to have the city pay his judgment. That is incorrect. The indemnification statute in force at the time of the judgment, Ind.Code § 34-4-16.7-1 (1997), provided that a “governmental entity ... shall [170]*170... pay any judgment” if “the governing body” of the entity “determines that paying the judgment ... is in the best interest of the governmental entity.” We have held previously, in the context of Rule 69(a) proceedings, that this statute requires a municipality to pay for a judgment against one of its employees if (but only if) it has agreed to do so. Kapitan v. City of Gary, 12 F.3d 678, 680 (7th Cir.1993); see also City of Muncie v. Peters, 709 N.E.2d 50, 56 (Ind.Ct.App.1999). Fort Wayne, by its local ordinance, has agreed. It has chosen to “hold harmless” any employee from “any liability” if the employee acted “in good faith in the performance of duty.” Fort Wayne, Ind. Ordinance § 31.05(B). Under this state law and local ordinance, Austin may pursue the city for indemnification by showing that Niblick was performing duties in good faith, and, as in Yang, that issue may be decided in supplemental proceedings.

Under the present version of the indemnification statute, Ind.Code § 34-13-4-1 (2015), (neither party addresses which version should apply) the city’s obligation to pay judgments is even more plain. The new version largely eliminates a municipality’s option to decline to pay the judgments of employees acting within the scope of employment. It provides that in a suit against a public employee, the public employer “shall ... pay ...

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Related

Jarren Austin v. John Niblick
666 F. App'x 547 (Seventh Circuit, 2016)
Austin v. Niblick
200 F. Supp. 3d 777 (N.D. Indiana, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
626 F. App'x 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-niblick-ca7-2015.