Higgason v. Autterson

49 F. App'x 73
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 24, 2002
DocketNo. 02-1404
StatusPublished
Cited by2 cases

This text of 49 F. App'x 73 (Higgason v. Autterson) 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
Higgason v. Autterson, 49 F. App'x 73 (7th Cir. 2002).

Opinion

ORDER

Inmate James Higgason filed suit against eight Indiana State Prison correctional officers,- including appellant Paul Autterson, alleging that in April 1993, while he was confined in disciplinary segregation, the officers deprived him of property without due process of law by permitting inmates to steal most of his belongings and afterwards disposing of almost all the remaining property in his cell. A deputy marshal submitted a return of service indicating that he had served a summons and complaint on Autterson by certified mail, and when Autterson never appeared in the district court, the court entered a default in Higgason’s favor. Thirty-four months later the district court entered a default judgment against Autterson in the amount of $27,255 in damages and $150 in costs. After entry of the default judgment Autterson sought to set the judgment aside. He argued that the district court had never acquired personal jurisdiction over him, and that, in the alternative, his failure to appear had been due to excusable neglect. The court denied Autterson’s motion to vacate the judgment, but reduced the damages calculation to $15,279. For the reasons stated below, we vacate the default judgment and remand for further proceedings.

This case has a long and complicated procedural history. Higgason first filed a federal action against the eight officers in September 1993, shortly after his release from segregation. At the defendants’ urging the district court dismissed his case on the theory that the Indiana Tort Claims Act provided Higgason with an adequate post-deprivation remedy. See Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984); Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981). After we affirmed the district court’s dismissal, Higgason attempted to avail himself of the state’s post-deprivation remedy by filing a pro se tort action [75]*75against the defendants in Laporte Superi- or Court, Small Claims Division. But when the state court set the case for trial and ordered Higgason to be transported so that he could prosecute his case in court, the defendants objected, arguing that the state court had no jurisdiction to order Higgason’s transportation. See Hill v. Duckworth, 679 N.E.2d 938, 939 (Ind.Ct. App.1997). The state court agreed, and Higgason remained incarcerated. Based on its inability to bring Higgason to court for trial, the state court dismissed Higgasoris case without prejudice. Higgason attempted to appeal the decision, but the appellate court declined review.

Having been thwarted in state court, Higgason returned to federal court and filed this action pursuant to 42 U.S.C. § 1983 alleging that the eight defendant officers violated his rights under the First, Fifth, and Fourteenth Amendments. The defendants again tried to dismiss the case under Parrott, but this time the district court denied their motion, reasoning that Higgason had rebutted the presumption that an adequate post-deprivation remedy existed. The Indiana Attorney General’s office entered appearances on behalf of four of the defendants, and those defendants ultimately prevailed on summary judgment. Return of service was shown as executed upon the other four defendants, including Autterson, who was allegedly served process by certified mail on March 18, 1998. When Autterson and his three co-defendants failed to appear by August 1998, the court entered defaults against them. On May 30, 2001, the court entered an order directing a final judgment of $27,255 in damages and $150 in costs jointly against Autterson and the other defaulted defendants.

Five days later the Indiana Attorney General’s office discovered through an audit of its internal computerized docketing program that on March 30, 1998, Autterson had requested state representation in Higgason’s lawsuit, but no one had ever been designated to appear on Autterson’s behalf. On June 14 the Attorney General’s office entered an appearance for Autterson and moved to set aside the default judgment. Autterson asserted two grounds for relief. First, he contended that Higgason had never legally served him with process, and thus the court never acquired personal jurisdiction over him, rendering its judgment against him void. See Fed.R.Civ.P. 60(b)(4). Second, Autterson argued that, even if service had been proper, the Attorney General’s office’s failure to appear on his behalf had been due to excusable neglect and he was taking quick action to correct the default and to pursue a meritorious defense to Higgason’s complaint. See Fed.R.Civ.P. 60(b)(1). In the alternative, Autterson requested that, pursuant to Fed.R.Civ.P. 59(e), the court either vacate or reconsider the amount of the judgment.

Autterson supported his Rule 60(b) motion with two signed declarations: one from Autterson, and one from K.C. Nor-walk, the attorney who entered an appearance on Auttersoris behalf. Norwalk avers that the United States Marshals Service informed him that the certified mail return receipt for the summons and complaint mailed to Autterson was signed on March 18, 1998, by an individual named Terry Anderson. In his declaration, Autterson identifies Anderson as his brother-in-law. Autterson also states that he lived with Anderson when he first left his employment with the Indiana State Prison in 1994, that in March 1998 he no longer lived at Anderson’s residence, and that Anderson never informed him about the summons and complaint, or provided him with copies. Finally, Autterson admits that in March 1998 a prison official informed him that he was a defendant in [76]*76Higgason’s lawsuit, and that this information prompted him to seek counsel.

Higgason, in responding to Autterson’s motion to set aside the default judgment, never disputed the factual assertions raised in Autterson’s supporting declarations. Instead he argued that even if Anderson signed for the certified mail and Autterson no longer resided with his brother-in-law when service was attempted, Autterson nonetheless had been properly served because Anderson had assumed a legal obligation to provide him with the complaint and summons by signing for the certified mail.

The district court adopted Higgason’s reasoning, concluding that the procedure followed by the deputy marshal was valid service under Indiana law because it was reasonably calculated to inform Autterson of the lawsuit. The court also found that the Attorney General’s failure to timely enter an appearance on Autterson’s behalf was an “improvident tactical decision” rather than excusable neglect, and denied relief on that basis. But the court did grant Autterson partial relief when it reduced the amount of the default judgment to $15,279 in damages and $150 in costs. On appeal Autterson argues that the district court abused its discretion both when it denied his motion to vacate the default judgment and when it calculated Higgason’s damages award.

We review the district court’s denial of Autterson’s motion to set aside the entry of default and default judgment for abuse of discretion.

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Bluebook (online)
49 F. App'x 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgason-v-autterson-ca7-2002.