64 F.Supp.2d 1084 (D.Kan. 1999), Civ. A. 98-2236, Quinn v. City of Kansas City, Kansas

Docket NºCiv. A. 98-2236
Citation64 F.Supp.2d 1084
Party NameQuinn v. City of Kansas City, Kansas
Case DateAugust 19, 1999
CourtUnited States District Courts, 10th Circuit, District of Kansas

Page 1084

64 F.Supp.2d 1084 (D.Kan. 1999)

Jason QUINN, Plaintiff,

v.

CITY OF KANSAS CITY, KANSAS, et al., Defendants.

No. Civ.A. 98-2236-KHV.

United States District Court, D. Kansas.

Aug. 19, 1999

Page 1085

Catherine A. Donnelly, Vleisides, Donnelly & O'Leary, John W. Kurtz, Hubbard Kurtz Taylor Maloney, L.L.P., Kansas City, MO, for Plaintiff.

Douglas M. Greenwald, Daniel B. Denk, McAnany, Van Cleave & phillips. P.A., Henry E. Couchman, Jr., Stephen G. Mirakian, Cheryl A. Pilate, Wyrsch Hobbs Mirakian & Lee, P.C., Mark J. Sachse, Kansas City, KS, for Defendants.

MEMORANDUM AND ORDER

VRATIL, District Judge.

This matter comes before the Court on Defendants' Motion To Set Aside And Rescind Settlement Agreement, To Impose Sanctions, And To Temporarily Restrain Plaintiff And His Attorneys From Spending Any Settlement Proceeds (Doc. # 82) filed May 28, 1999 by the City of Kansas City, Kansas, the Unified Government of Wyandotte County/Kansas City, Kansas, Marcella Tarbox and Jeffrey Ring; as well as Defendant Hooks' Motion To Join In The Motion Of Other Defendants To Set Aside And Rescind Settlement Agreement, To Impose Sanctions, And To Temporarily Restrain Plaintiff And His Attorneys From Spending Any Settlement Proceeds (Doc. # 83) filed May 28, 1999 and Motion To Join In Reply Brief (Doc. # 95) filed July 26, 1999 by defendant Dwayne C. Hooks. 1 Defendants argue that the Court should rescind the settlement agreement, reopen the case and impose various sanctions on plaintiff based upon their discovery that plaintiff gave false testimony at his deposition. For the reasons stated below, defendants' motions must be sustained in part and denied in part.

Facts

Plaintiff brings suit against defendants under 42 U.S.C. §§ 1983 and 1985, alleging that defendants violated his civil rights during an incident on May 29, 1997. Defendants arrested plaintiff and plaintiff sustained injuries, allegedly as the result of excessive force which defendants used. Plaintiff challenges both his arrest and the amount of force used by defendants. On December 17 and 18, 1998, defendants deposed plaintiff. During this deposition, plaintiff denied any knowledge that DaRon Lane sold illegal drugs, denied any involvement in Lane's drug-related activities, denied knowledge that Lane's drug buyers rented vehicles for Lane, including the vehicle in which plaintiff was riding on May 29, 1997, denied knowledge that Lane carried a gun, and denied ever seeing Lane, Lance Carrell or Brandon Pickens (other occupants in the vehicle) carrying firearms. Plaintiff also asserted that the beating which he allegedly received from Hooks caused permanent injuries including a deviated septum and a deformity in the orbital floor of his left eye socket.

Page 1086

Between February and April of 1999, the parties entered settlement agreements under which plaintiff dismissed all claims with prejudice in exchange for defendants' payment of $100,000. The parties entered two agreements--one which dismissed all claims against Tarbox and Ring, and one which dismissed all claims against Hooks, Hotujec, the Unified Government and the City of Kansas City. The parties executed the Tarbox/Ring agreement and the Court entered an order which dismissed plaintiff's claims against Tarbox and Ring with prejudice. See Order Of Dismissal As To Defendants Ring And Tarbox (Doc. # 75). Not all defendants executed the second agreement, but defendants nonetheless conveyed $100,000 to plaintiff. 2

On May 5, 1999, after receiving $100,000 in settlement proceeds, plaintiff testified before this Court in a related criminal case against Hooks. In that case, which charged Hooks with criminally violating plaintiff's civil rights, plaintiff admitted that he testified falsely during portions of his deposition.

Defendants provide the following relevant differences between plaintiff's deposition testimony and his testimony in the criminal case:

A. DaRon Lane's Drug Sales

1. Deposition Testimony:

Q. Did you ever know DaRon Lane to be involved in drug deals?

A. I knew he sold marijuana.

* * * * * *

Q. Had you ever been present during any of Mr. Lane's drug transactions?

A. No.

* * * * * *

Q. Do you know what kind of drugs Mr. Lane sold?

A. Marijuana.

Q. Did he sell any other drugs, to your knowledge?

A. Not to my knowledge.

Brief In Support Of Defendants' Motion To Set Aside And Rescind Settlement Agreement, To Impose Sanctions, And To Temporarily Restrain Plaintiff And His Attorneys From Spending Any Settlement Proceeds (Doc. # 84), Ex. A. (Quinn deposition) at 159, 282-84.

2. Criminal Trial Testimony:

Q. Okay, when you gave a deposition in the civil case related to this incident, were you asked whether your friend, Deron Lane, was a drug dealer? 3

A. Yes.

Q. What did you say?

A. I told them that he sold marijuana.

Q. Were you asked whether he sold drugs other than marijuana?

A. Yes.

Q. What did you say?

A. No.

Q. Was that true?

A. No.

* * * * * *

Q. Page 283. "Question: Had you ever been present during any of Mr. Lane's drug transactions?" And your answer was "No." Correct?

A. Correct.

Q. Now, you had been sworn to tell the truth, correct?

A. Correct.

* * * * * *

Q. And yet you chose to not tell the truth, correct?

A. Correct.

Page 1087

Q. Now, that was an intentional decision on your part, wasn't it?

A. Yes.

* * * * * *

Q. Now, you had been with Mr. Lane on repeated occasions when he was engaging in narcotics trafficking activities; isn't that correct?

A. Yes.

Brief In Support Of Defendants' Motion To Set Aside And Rescind Settlement Agreement, To Impose Sanction, And To Temporarily Restrain Plaintiff And His Attorneys From Spending Any Settlement Proceeds (Doc. # 84), Ex. E (Quinn testimony at criminal trial) at 37-38, 83-85.

B. DaRon Lane's Use of Cars Rented By His Drug Customers; Carrying of Firearms by Lane, Carrell, and Pickens

1. Deposition Testimony:

Q. ... Did DaRon normally drive a particular vehicle?

A. Yes. He had a car. I believe it was in the shop at that time.

Q. Had you seen him in other cars before?

A. Yes.

Q. Do you have any knowledge as to how he obtained those vehicles?

A. No.

* * * * * *

Q. Did you ever know Lance Carrell to carry a weapon?

A. No.

Q. How about DaRon Lane?

A. No.

* * * * * *

Q. Do you know whether Lance Carrell has ever been arrested for possession--excuse me, for carrying a pistol?

A. I don't know.

* * * * * *

Q. Did you know any of them to carry a weapon?

A. Yes.

Q. Which one of the individuals did you know to carry a weapon?

A. Previously, DaRon used to carry guns until he got caught. And he stopped. So--little Brandon, I didn't know him that well. I knew he had been in a little trouble, but we weren't running buddies. That was DaRon's cousin. And I didn't know Lance to carry a gun.

* * * * * *

Q. Did you ever see DaRon Lane's gun?

A. No.

Q. You knew he carried a gun?

A. He did some--at some point in time, yes.

Q. And you knew him to carry a gun; is that correct?

A. Then, yes.

Q. But you never saw it?

A. Correct.

* * * * * *

Q. You stated during questioning by Mr. Cassidy that you never saw DaRon Lane's gun; is that correct?

A. Correct.

Q. Yet you knew that he carried one at times; is that correct?

A. I knew he carried a gun. He--I was in college when he got caught with a gun. So I wouldn't have been with him to see him carry a gun.

Doc. # 84, Ex. A at 159, 280, 352, 523-24, 535.

2. Criminal Trial Testimony:

Q. ... Now, Mr. Quinn, I want to talk to you about a couple of other aspects of your testimony today. You indicated on your direct examination that all of the individuals who were with you, Mr. Lane, Mr. Pickens, Mr. Carrell, were all known to carry firearms at various times, correct?

Page 1088

A. Correct.

Q. And you had seen each of those individuals on repeated occasions carrying firearms, correct?

A. Sometimes, yes.

Q. And Mr. Lane very often carried a weapon with him when he was engaged in his crack cocaine dealing activities, correct?

A. Sometimes.

Q. Okay. And he generally carried on those crack cocaine dealing activities from a rental car, correct?

A. Correct.

Q. And those cars would be rented by persons who were drug customers of his, correct?

A. Correct.

Q. And that would include Mr. Pickens and Mr. Carrell as people that you had seen on various occasions with firearms, correct?

A. I haven't seen Lance with one, but I know he got caught with one. And Brandon, I have seen him a few times with one.

* * * * * *

Q. ... At line 19 of that deposition, you were asked the question: "Did you ever see Deron Lane's gun," correct?

A. Correct.

Q. And your answer was no, correct?

A. Correct.

Q. Indicating that you had never seen that gun, correct?

A. Correct.

Q. That answer was not true, was it?

A. I mean, what gun?

Q. The gun you described for the jury ... that you had, in fact, seen.

A. That is incorrect.

Q. This answer is incorrect?

A. Yes.

Q. And you knew it was incorrect at the time that you gave it, didn't you?

A. I mean, I should have said...

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5 practice notes
  • 982 So.2d 494 (Ala. 2007), 1050183, Billy Barnes Enterprises, Inc. v. Williams
    • United States
    • Alabama Supreme Court of Alabama
    • September 28, 2007
    ...only information as to these matters that would be provided to a fact-finder in the event of a trial. Cf. Quinn v. City of Kansas City, 64 F.Supp.2d 1084, 1092 (D.Kan.1999) (“Regardless whether defendants believed plaintiff's testimony, the possibility that a jury would believe plaintiff fo......
  • Jaax v. Chrysler Financial Services Americas LLC, 121109 KSDC, 08-2490-KHV
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Kansas
    • December 11, 2009
    ...2, 1998) (mental incapacity of party may render contract unenforceable) (applying New Mexico law); Quinn v. City of Kan. City, Kan., 64 F.Supp.2d 1084, 1094 (D. Kan. 1999) (defendants entitled to rescind settlement due to plaintiff’s fraud). When the parties raise material factual disputes ......
  • Jaax v. Chrysler Financial Services Americas LLC, 121109 KSDC, 08-2490-KHV
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Kansas
    • December 11, 2009
    ...2, 1998) (mental incapacity of party may render contract unenforceable) (applying New Mexico law); Quinn v. City of Kan. City, Kan. , 64 F.Supp.2d 1084, 1094 (D. Kan. 1999) (defendants entitled to rescind settlement due to plaintiff's fraud). When the parties raise material factual disputes......
  • Banks v. St. Health System Center, Inc., 112116 KSDC, 15-CV-2602-JAR
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Kansas
    • November 21, 2016
    ...(10th Cir. 1995). [8] Ehrenhaus v. Reynolds, 965 F.2d 916, 920 (10th Cir. 1992). [9] Quinn v. City of Kansas City, Kan., 64 F.Supp.2d 1084, 1094 (D. Kan. 1999). The Tenth Circuit has outlined a number of purposes for imposition of a particular sanction to include (1......
  • Request a trial to view additional results
5 cases
  • 982 So.2d 494 (Ala. 2007), 1050183, Billy Barnes Enterprises, Inc. v. Williams
    • United States
    • Alabama Supreme Court of Alabama
    • September 28, 2007
    ...only information as to these matters that would be provided to a fact-finder in the event of a trial. Cf. Quinn v. City of Kansas City, 64 F.Supp.2d 1084, 1092 (D.Kan.1999) (“Regardless whether defendants believed plaintiff's testimony, the possibility that a jury would believe plaintiff fo......
  • Jaax v. Chrysler Financial Services Americas LLC, 121109 KSDC, 08-2490-KHV
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Kansas
    • December 11, 2009
    ...2, 1998) (mental incapacity of party may render contract unenforceable) (applying New Mexico law); Quinn v. City of Kan. City, Kan., 64 F.Supp.2d 1084, 1094 (D. Kan. 1999) (defendants entitled to rescind settlement due to plaintiff’s fraud). When the parties raise material factual disputes ......
  • Jaax v. Chrysler Financial Services Americas LLC, 121109 KSDC, 08-2490-KHV
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Kansas
    • December 11, 2009
    ...2, 1998) (mental incapacity of party may render contract unenforceable) (applying New Mexico law); Quinn v. City of Kan. City, Kan. , 64 F.Supp.2d 1084, 1094 (D. Kan. 1999) (defendants entitled to rescind settlement due to plaintiff's fraud). When the parties raise material factual disputes......
  • Banks v. St. Health System Center, Inc., 112116 KSDC, 15-CV-2602-JAR
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Kansas
    • November 21, 2016
    ...(10th Cir. 1995). [8] Ehrenhaus v. Reynolds, 965 F.2d 916, 920 (10th Cir. 1992). [9] Quinn v. City of Kansas City, Kan., 64 F.Supp.2d 1084, 1094 (D. Kan. 1999). The Tenth Circuit has outlined a number of purposes for imposition of a particular sanction to include (1......
  • Request a trial to view additional results