Topeka ? A judge has dismissed a lawsuit filed by a Colorado man who held a couple hostage in their Kansas home then sued them for breach of contract for turning him over to police.

Jesse Dimmick contended that he had a legally binding oral contract with Jared and Lindsay Rowley that they would hide him from police in return for an unspecified amount of money.

Dimmick was a fugitive facing a murder charge on Sept. 12, 2009, when he burst into the Rowley’s Topeka-area home and confronted them at knifepoint. The Rowleys gained Dimmick’s confidence and were able to escape when he fell asleep. Police stormed the home and detained Dimmick, shooting him in the back during the arrest.

Dimmick, of Denver, was convicted in May 2010 of four felonies including two counts of kidnapping and sentenced to almost 11 years in prison. He still faces murder charges in the September 2009 killing of Michael Curtis in Brighton, Colo.

The Rowleys sued Dimmick in September seeking more than $75,000 in damages. Dimmick counter-sued for breach of contract, seeking $160,000 to cover hospital bills and $75,000 for pain and suffering. Dimmick said the Rowleys had reneged on their promise to keep him hidden from authorities in return for cash.

The Rowleys deny they ever agreed to that and their attorney, Bob Keeshan, says even if they had such an agreement wouldn’t be considered legally binding because it would have been made under duress.

District Judge Franklin R. Theis dismissed Dimmick’s lawsuit Jan. 9, according to The Topeka Capital-Journal. A copy of Theis’ order wasn’t available Monday because of the Martin Luther King Day holiday.

Dimmick also filed a civil lawsuit against the city of Topeka and Gardner seeking damages in excess of $75,000, including medical expenses. Trial in that case is set for April 1.