BRIGHTON, Colo. (CBS4) – A judge has thrown out a lawsuit filed by an inmate who claimed a couple he held hostage broke a deal by turning him in.

In 2009 Jesse Dimmick of Denver was wanted for questioning in a murder at an Aurora motel. While on the run he broke into a home near Topeka. The couple inside escaped and called police when he fell asleep.

In a breach of contract suit Dimmick claimed he and the couple had an oral agreement that they would hide him for an unknown amount of cash.

Dimmick is currently being held in the Adams County Detention Center in Brighton for the murder of Michael Curtis.