Colleen Carroll v. City of Cleveland

522 F. App'x 299
Court of Appeals for the Sixth Circuit·Decided April 5, 2013·No. 11-4025·Unpublished·Cited by 17 cases

Opinions

BOGGS, Circuit Judge.

Daniel McCarthy and Colleen Carroll received traffic citations from automated cameras that the City of Cleveland put in place, pursuant to a newly passed ordinance. Both paid their fines, admitting liability for their offenses. Both, however, had leased their cars. They were not vehicle owners and thus, as an Ohio appellate court later determined, they could not be fined under the ordinance. McCarthy and Carroll filed this class-action lawsuit in state court. The fines that the City collected, they alleged, were unconstitutional takings under state and federal law. The City removed to federal court. After a set of adverse decisions on their federal takings claims, in district court and on appeal, McCarthy and Carroll returned to state court and amended their pleadings, adding federal and state due-process claims. Again, the city removed to federal court. This time, the district court dismissed on claim-preclusion grounds. It reasoned [301] that, because Appellants paid their fines without asserting their current claims, this subsequent suit is barred. For the reasons that follow, we affirm.

I

In 2005, the City of Cleveland began using automated cameras to photograph vehicles that were speeding or running a red light. The owner of the vehicle photographed would receive a notice of liability,1 and could choose either to pay a fine or to file an appeal. Paying the fine constituted an admission of liability. Likewise, failure to indicate an intent to appeal within twenty-one days “constitute[d] a waiver of the right to contest the ticket and [was] considered an admission [of liability].” CCO 413.031 (k). The ordinance provided that appeals would “be heard by the Parking Violations Bureau through an administrative process established by the Clerk of the Cleveland Municipal Court.” Ibid. An owner unsatisfied with the outcome could pursue the matter further in the Court of Common Pleas. Ohio Rev.Code 2506.01(A). When reviewing an administrative decision under § 2506, that court has the power to “determinen whether the administrative order is unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence.” Dickson & Campbell, L.L.C. v. City of Cleveland, 181 Ohio App.3d 238, 908 N.E.2d 964, 966 (2009) (quoting Henley v. Youngstown Bd. of Zoning Appeals, 90 Ohio St.3d 142, 735 N.E.2d 433, 438 (2000)).

In February 2009, a panel of the Ohio Court of Appeals held that the City could not issue a notice of liability to a lessee, as the ordinance dealt only with vehicle owners. Id. at 968-71. Three months later, Appellants Daniel McCarthy and Colleen Carroll filed this class-action lawsuit in state court. Like the Dickson & Campbell plaintiffs, McCarthy and Carroll had both received notices of liability from the City for traffic violations photographed by an automated camera.2 Like the Dickson & Campbell plaintiffs, McCarthy and Carroll were lessees, not owners, of their vehicles. But unlike the Dickson & Campbell plaintiffs, McCarthy and Carroll paid their fines, rather than contesting their citations through the appellate process that the ordinance provided.

Appellants’ state-court complaint alleged that the fines levied against them, and all other vehicle lessees who paid citations for traffic offenses captured by the automated cameras, violated the Takings Clause of the United States and Ohio Constitutions, U.S. Const. amend. V.; Ohio Const. art. I, § 19, and constituted unjust enrichment under Ohio law. Appellants also sought a writ of mandamus for a hearing in front of an administrative officer and a judgment declaring enforcement of the ordinance against lessees unconstitutional. The City removed the case to the United States District Court for the Northern District of Ohio. The district court dismissed, reasoning that Appellants could not state a tak[302] ings claim because they paid their fines voluntarily, after being afforded due process. McCarthy v. City of Cleveland, No. 1:09-CV-1298, 2009 WL 2424296, at *4 (N.D.Ohio Aug. 6, 2009). We affirmed the district court’s dismissal of Appellants’ federal claims because the money allegedly taken did not come from an identifiable fund. McCarthy v. City of Cleveland, 626 F.3d 280, 286 (6th Cir.2010). We remanded for further consideration of Appellants’ state-law claims, however, because the Ohio Takings Clause is not necessarily coextensive with the federal Takings Clause. Id. at 287. Judge McKeague concurred separately, agreeing with the majority opinion in its entirety, but adding that Appellants’ federal takings claims also failed because Appellants “did not exhaust the process available to them and did not obtain a final decision on any appeal.” Id. at 288.

On remand, the district court declined to exercise supplemental jurisdiction and remanded to Ohio state court. There, Appellants amended their complaint, adding federal and state substantive-due-process and procedural-due-process claims. The City again removed. This time, the district court ordered preliminary briefing on “Rooker-Feldman, Res Judicata, Exhaustion and all other jurisdictional issues.” After receiving the parties’ submissions, the district court “determine[d] that [Appellants’] claims are precluded by res judi-cata.” McCarthy v. City of Cleveland, No. 1:11-CV-1122, 2011 WL 4888206, at *1 (N.D.Ohio Sept. 20, 2011). Had Appellants contested their citations, rather than paying their fines, the district court reasoned, they eventually could have presented all of the arguments that they pressed below. Id. at *2-*5. Because Appellants did not appeal through the administrative process that the ordinance offered, they lost the opportunity to make their claims.

II

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Colleen Carroll v. City of Cleveland, 522 F. App'x 299 (6th Cir. 2013).

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