Derringer v. Chapel

98 F. App'x 728
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 12, 2004
Docket02-2315, 02-2329, 03-2181, 03-2215 and 03-2218
StatusUnpublished
Cited by7 cases

This text of 98 F. App'x 728 (Derringer v. Chapel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Derringer v. Chapel, 98 F. App'x 728 (10th Cir. 2004).

Opinion

ORDER AND JUDGMENT *

BALDOCK, Circuit Judge.

These related appeals by David Derringer and his wife, Susan Nevitt, have their genesis in a dispute between appellants and their downstream neighbors, the Chapels, over water rights. 1 An understanding of these background facts is necessary to our disposition of these appeals.

I. The State Court Proceedings

In 1993, Susan Nevitt and her mother, Norma Nevitt, purchased property along Harris Creek in Catron County, New Mexico that was upstream from property owned by Mick and Jennifer Chapel. In May 1994, the Chapels brought suit against the Nevitts in New Mexico state court seeking to establish the seniority of their water rights and to enjoin the Nevitts from interfering with them. Judge Fitch presided over the case. In September 1995, before the case went to trial, David Derringer acquired an interest in the Nevitts’ property via a special warranty deed from the Nevitts to themselves and Derringer as joint tenants. The case proceeded solely against the Nevitts, however, and the jury rendered a verdict in favor of the Chapels. 2 On May 17,1996, in accordance with the verdict, Judge Fitch entered judgment against the Nevitts and permanently enjoined them, their successors and assigns, from interfering with the Chapels’ water rights. The Nevitts appealed the judgment and injunction to the New Mexico Court of Appeals, which affirmed in a decision issued September 23, 1996.

In July 2000, the Chapels sought to reopen the action against the Nevitts to enforce the May 1996 injunction, which they claimed the Nevitts were violating. Again, Judge Fitch presided over the case. On July 17, Derringer filed numerous pleadings in the action, including a motion to be joined as a party-defendant based on his interest in the property and a motion to remove the injunction on the ground that it was invalid. Judge Fitch subsequently permitted Derringer to become a defendant in the action with the consent of the other parties to the litigation.

In April 2001, Derringer filed a motion to have Judge Fitch recuse based on his alleged relationship with the Chapels before he became a judge. Judge Fitch denied the motion and the case proceeded to an evidentiary hearing. On September 10, 2001, Judge Fitch issued a decision con- *731 eluding that the Nevitts and Derringer had violated the Hay 1996 injunction, that the Chapels were entitled to a mandatory injunction requiring these defendants to remove any and all obstructions to the flow of water in Harris Creek, and that the Chapels were entitled to a continuing injunction prohibiting these defendants from appropriating any water in Harris Creek until the Chapels had received their appropriation each year. Judge Fitch entered a final judgment and injunction against the Nevitts and Derringer on September 24, 2001.

The Nevitts and Derringer appealed the September 24 judgment and injunction to the New Mexico Court of Appeals. Among the twenty-two issues they raised on appeal were arguments that they had a superior claim to the water rights than did the Chapels; that Judge Fitch was biased by his previous relationship with the Chapels and should have recused; that the original proceedings were infirm because Derringer was a necessary and indispensable party to them and Judge Fitch had no jurisdiction to proceed in Derringer’s absence; and that without Derringer’s presence in the original proceedings, the May 1996 injunction was invalid. The New Mexico Court of Appeals rejected defendants’ arguments and affirmed the judgment and injunction in a fourteen-page decision issued June 18, 2002.

In August 2002, the Chapels returned to state court to enforce the 1996 injunction and the 2001 judgment. Judge Fitch presided over these proceedings, as well. Following a trial in January 2003 at which Derringer appeared but the Nevitts did not, Judge Fitch entered a decision on January 28, 2003, awarding the Chapels compensatory and punitive damages, as well as attorney fees and costs. Judge Fitch also ruled that unless Derringer and the Nevitts removed two dams from their property within forty-five days, the Chapels would have the right to enter on the property to remove the dams themselves. Judge Fitch further ordered that Derringer and the Nevitts would be fined $100 per day for every day that they were in violation of the 1996 injunction. By order entered February 13, 2003, Judge Fitch also imposed filing restrictions against Derringer and the Nevitts prohibiting them from filing any papers in connection with the case except through an attorney or with prior written leave of court, unless the papers were in response to another party’s filing or were instituting an appeal.

Derringer and the Nevitts appealed Judge Fitch’s January 28 and February 13 decisions to the New Mexico Court of Appeals. That court affirmed all Judge Fitch’s rulings in a Memorandum Opinion issued June 13, 2003. In its decision, the state appellate court decided a host of issues that Derringer and Susan Nevitt have raised in these federal proceedings. Among other things, the New Mexico Court of Appeals ruled that Judge Fitch was not required to recuse from the proceedings to enforce the 1996 injunction; that Judge Fitch did not violate the civil rights of Derringer or the Nevitts when he gave the Chapels the right to enter on the Nevitt/Derringer property to enforce the injunction; that it was incumbent upon Derringer to notify the trial court when he obtained an interest in the Nevitts’ property and to request to be made a party, but the record did not show he did so; that the record did not support Derringer’s allegations that he was prevented from participating in the proceedings leading up to the 1996 injunction; that Derringer was properly bound to the terms of the 1996 injunction when he was made a party to the 2000 enforcement action; and that there was no inherent jurisdictional defect in the 1996 judgment and injunction. The court also ruled that the filing restrictions imposed *732 by Judge Fitch did not violate the Nevitts’ or Derringer’s due process rights.

II. The Federal Court Proceedings

A. District Court Case No. CIV-02-0971

On August 7, 2002, Derringer filed Case No. CIV-02-0974 in New Mexico federal district court against the Chapels and Judge Fitch, claiming that they had violated his civil rights. All the claims in Derringer’s twenty-nine-page complaint were based either on his dispute of the Chapels’ water rights or on events that occurred in the state-court proceedings. In his complaint, Derringer sought damages against the Chapels and Judge Fitch and sought to have the Chapels criminally prosecuted and Judge Fitch removed from the bench. Derringer later filed a motion to have Judge Fitch recused from ongoing state-court proceedings.

Judge Fitch filed a motion to dismiss Derringer’s claims on the ground that he was absolutely immune. The district court agreed and entered an order and judgment on October 1, 2002, dismissing all claims against Judge Fitch.

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Cite This Page — Counsel Stack

Bluebook (online)
98 F. App'x 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derringer-v-chapel-ca10-2004.