James Richard Erdman v. Cochise County, Arizona and City of Douglas, Arizona

James Erdman appeals from the district court’s rescission of an Offer of Judgment extended by the City of Douglas, Arizona under Rule 68 and accepted by him. In addition, he appeals the grant of summary judgment to both defendants on the merits of his § 1983 claim for unlawful incarceration. We reverse on the Rule 68 claim, but affirm on the merits.

FACTS

Erdman was arrested on July 14, 1987 in the City of Douglas, Cochise County, Arizona, and taken into custody. He was booked on two charges: driving while intoxicated (second offense), and driving with a suspended license. Although the charges carried a minimum sentence of 60 days in jail, Douglas City Magistrate Bradshaw permitted Erdman to plead guilty to misdemeanor charges and released him on probation after two days in custody.

Subsequently, he was indicted by a Cochise County grand jury on a felony count for the same offense, as well as a second felony count of resisting arrest, and arrest warrants were issued. A Cochise County Deputy Sheriff discovered the mix-up when he tried to serve Erdman at the city jail, but failed to notify the prosecutor or the court that Erdman’s case had already been adjudicated as a…