Opinion
C.A. No. 02C-02-160-JEB
Submitted: June 14, 2002
Decided: July 29, 2002
Upon Defendants Delaware State Police and Ronald Phillips Motion to Dismiss.
Motion Granted.
OPINION
In this motion to dismiss, Defendants Delaware State Police and Ronald D. Phillips, Esquire, oppose Plaintiff Joseph M. Walls' breach of contract and tortious interference action. Plaintiff seeks to retrieve the value of property that was seized from Jackson by the Delaware State Police. Plaintiff alleges that Jackson executed an affidavit assigning his rights to the seized property to Plaintiff. For the reasons explained below, Defendants' motions to dismiss are Granted.
The property Plaintiff seeks was seized in connection with arrests of Defendant Jackson in 1989 and 1990. Jackson allegedly assigned his interest in the property to Plaintiff on June 19, 1993. The property was ordered by this Court to be returned to Jackson on August 15, 1995. After consulting with counsel, Ronald Phillips, Jr., Esquire, Jackson signed a release and settlement agreement for the value of some of the property which had been erroneously auctioned by the State. Jackson took possession of his remaining property on June 16, 1998, following his release from incarceration.
See Ex. 4 to Defendant Delaware State Police's Motion to Dismiss.
Although Plaintiff's actual dispute is with Defendant Jackson, who allegedly assigned his interest in the property to Plaintiff on June 19, 1993, and then claimed it for himself on June 16, 1998, Plaintiff alleges that the State Police and Phillips conspired with Jackson to deprive Plaintiff of his interest in the property.
Plaintiff claims damages under theories of breach of contract, unjust enrichment, tortious interference with contract and conspiracy. He asserts that all three Defendants were aware of Jackson's assignment to Plaintiff and that Defendants Phillips and the Delaware State Police tortiously interfered with Defendant Jackson's intention to honor his assignment to Plaintiff. Plaintiff also alleges that the State's settlement to Jackson was $40,000, while the actual value of the property was more than $300,000, resulting in unjust enrichment to the Delaware State Police, at Plaintiff's expense. Plaintiff seeks compensatory damages of $115,805, plus "compensatory legal interest or damages" in the amount of $283,985.17. Plaintiff also seeks treble punitive damages. Defendants Delaware State Police and Ronald D. Phillips, Jr., move to dismiss. Defendant Jackson is non est.
Plaintiff has been nothing if not persistent in his attempts to obtain Jackson's property. After Jackson allegedly assigned his property to Plaintiff in June 1993, Plaintiff brought a replevin action as Jackson's assignee. After this motion was denied, Plaintiff filed a similar motion, which was again denied. Plaintiff appealed and the Supreme Court dismissed, finding that Plaintiff did not standing to bring the appeal. In February 1995, Plaintiff filed a forfeiture action against Jackson, which was denied by the Superior Court. On August 15, 1995, this Court ordered the State to return the property to Jackson, and Jackson moved for reargument, asking leave of the Court for Plaintiff to intervene. On November 2, 1995, the Court denied the motion for reargument as untimely. In June 1996, this Court denied Plaintiff's motion entitled "Relief from Order," holding that Plaintiff had no legal standing as assignee of Jackson. In August 1996, the Delaware Supreme Court dismissed Plaintiff's appeal, reiterating that Plaintiff had no standing. Plaintiff's next attempts were also denied by this Court and dismissed by the Supreme Court, which reiterated that Walls had no standing and also found that the motion was moot since the property had be en returned to Jackson.
Walls v. Delaware State Police, 1994 WL 449136 (Del. 1994).
Walls v. State, 683 A.2d 60, No. 322, 1996, rehearing denied (1996) (Table).
Jackson v. State, No. 140, 1999, Holland, J. (May 18, 1999) (ORDER).
Plaintiff clearly has no rights to assert as Jackson's assignee. In 1995, this Court ordered the return of the property to Jackson or his designee, and Jackson chose to receive the property himself. Plaintiff's lack of standing as to that settlement is res judicata and cannot be relitigated in this civil action. Plaintiff's allegation that Defendant Delaware State Police tortiously settled with Jackson presents no cognizable legal argument and fails to state a claim upon which relief can be based.
As to the breach of contract issue, the statute of limitations has run. If there was a breach between Plaintiff and Jackson, it occurred on June 16, 1998, when Jackson received his property from the State. The time limitation on breach of contract action is three years, and Plaintiff has offered no conduct on the part of either the State Police or Mr. Phillips to toll the statute.
See 10 Del. C. § 8106.
In regard to Defendant Delaware State Police, this action is also barred by the constitutional doctrine of sovereign immunity.
See 10 Del. C. § 4001; Vick v. Haller, 512 A.2d 249 (Del.Super.), aff'd, 514 A.2d 249 (Del. 1986).
For the reasons explained herein, the motions of Defendant Delaware State Police and Defendant Phillips to dismiss the complaint are Granted and the complaint against Joseph C. Jackson is dismissed sua sponte.
It Is So ORDERED.