Maracalin v. United States

52 Fed. Cl. 736, 2002 WL 1359328
CourtUnited States Court of Federal Claims
DecidedJune 17, 2002
DocketNo. 01-375C
StatusPublished
Cited by8 cases

This text of 52 Fed. Cl. 736 (Maracalin v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maracalin v. United States, 52 Fed. Cl. 736, 2002 WL 1359328 (uscfc 2002).

Opinion

OPINION

HORN, Judge.

Plaintiff, Julius Warner Maracalin, appearing pro se,1 has filed a complaint against the United States requesting relief for constitutional and statutory violations and for tort injuries he allegedly sustained during his criminal prosecution and conviction in the United States District Court for the Middle District of Louisiana for conspiracy to possess with the intent to distribute and conspiracy to distribute cocaine base (“crack cocaine”), as well as distribution of cocaine base.

Plaintiff requests that this court reverse his conviction in the District Court and order his immediate release from prison based on allegations that: (1) the District Court exercised jurisdiction over his plea agreement in violation of the Tucker Act; (2) the United States Drug Enforcement Agency (DEA) and local law enforcement agents, operating under the authority of defective warrants, violated plaintiffs due process rights by subjecting him to an illegal search and seizure and (3) the District Court, DEA and United States Attorney’s Office violated 18 U.S.C. § 1506 (1994) by retroactively altering the indictment and warrants appearing in the District Court records. Plaintiff also 'requests damages and recovery of property ordered forfeited by the District Court on the grounds that the seizure of his property by DEA agents and the forfeiture order entered by the District Court constituted an illegal taking in violation of the Fifth Amendment. Plaintiff further requests $100,000,000.00 in damages as compensation for Fourth and Fifth Amendment violations, and for intentional torts allegedly perpetrated upon him by federal and local law enforcement agents. Finally, on behalf of his two boys and his mother, plaintiff requests $1,000.00 a day for every day of his incarceration as tort damages for “depriving them kids from they father and depriving a mother of her son [sic].”

Defendant filed a motion to dismiss, alleging that the court is without subject matter jurisdiction to hear this case and that the complaint fails to state a claim upon which relief can be granted. Based on the complaint, the briefs submitted by the parties and the attached exhibits, the court finds that it does not have jurisdiction over this action and, moreover, that the plaintiff is barred by the doctrine of res judicata from raising the claims included in his complaint in this court.

FINDINGS OF FACT

On January 18, 1995, a grand jury sitting in the United States District Court for the [738]*738Middle District of Louisiana indicted Julius “Big Warner” Maracalin and charged him with five counts, including conspiracy to possess cocaine base with intent to distribute, conspiracy to distribute cocaine base, and distribution of cocaine base. On January 19, 1995, a Federal Magistrate issued a search warrant authorizing the DEA to search Mr. Maracalin’s property. During the night of January 20, 1995, the DEA and local law enforcement officials searched Mr. Maracalin’s residence and arrested him. At that time, the DEA confiscated from Mr. Maracalin a portion of the property that forms the basis for this complaint.2

The grand jury issued a superceding indictment on January 31, 1995. On May 8, 1995, a motion to suppress the search and arrest was denied by the District Court. On May 12, 1995, Mr. Maracalin entered a plea agreement.3 He pled guilty to four of the counts with which he was charged and agreed to forfeit “any and all assets and property, or portions thereof, subject to forfeiture,” pursuant to 21 U.S.C. §§ 853(a)(1), and 853(a)(2).

On August 28, 1995, plaintiff was sentenced to a term in prison and fined $100,000.00.4 In orders dated November 16, 1995, and February 13, 1996, the District Court ordered the forfeiture of the seized items to the United States. On June 22, 2001, plaintiff filed this action, and on September 20, 2001, he filed an amendment to his complaint in this court.

DISCUSSION

As noted above, prior to filing the complaint currently before the court, plaintiff filed another complaint in this court, Case No. 00-715C, which Judge Bruggink dismissed for lack of subject matter jurisdiction. In his earlier case, Mr. Maracalin requested readjudication of his original criminal indictment, reversal of his conviction and $2,500,000.00 in damages based on alleged violations of his Fourth, Fifth and Fourteenth Amendment rights including: (1) illegal search and seizure based on an allegedly faulty warrant by both state and federal officials; (2) illegal taking without just compensation and (3) violations of 18 U.S.C. § 1506. Plaintiff also based his request for damages on tort theories, including false imprisonment.

The United States Supreme Court summarized the doctrines of res judicata (claim preclusion) and collateral estoppel (issue preclusion) as follows:

A fundamental precept of common-law adjudication, embodied in the related doctrines of collateral estoppel and res judicata, is that a “right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction ... cannot be disputed in a subsequent suit between the same parties or their privies ...” Southern Pacific R. Co. v. United States, 168 U.S. 1, 48-49, 18 S.Ct. 18, 42 L.Ed. 355 (1897). Under res judicata, a final judgment on the merits bars further claims by parties or their privies based on the same cause of action. Cromwell v. County of Sac, 94 U.S. 351, 352, 24 L.Ed. 195 (1876); Lawlor v. National Screen Service Corp., 349 [739]*739U.S. 322, 326, 75 S.Ct. 865, 99 L.Ed. 1122 (1955); IB J. Moore, Federal Practice 11 0.405PL], pp. 621-624 (2d ed.1974) (hereinafter IB Moore); Restatement (Second) of Judgments § 47 (Tent. Draft No. 1, Mar. 28, 1973) (merger); id., § 48 (bar). Under collateral estoppel, once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation. Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 n. 5, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979); Scott, Collateral Estoppel by Judgment, 56 Harv. L.Rev. 1, 2-3 (1942); Restatement (Second) of Judgments § 68 (Tent. Draft No. 4, Apr. 15, 1977) (issue preclusion). Application of both doctrines is central to the purpose for which civil courts have been established, the conclusive resolution of disputes within their jurisdictions. Southern Pacific R. Co., supra, at 49, 18 5. Ct. 18; Hart Steel Co. v. Railroad Supply Co., 244 U.S. 294, 299, 37 S.Ct. 506, 61 L.Ed. 1148 (1917).

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Bluebook (online)
52 Fed. Cl. 736, 2002 WL 1359328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maracalin-v-united-states-uscfc-2002.