Buie v. Dist. of Columbia

JAQUIA BUIE, Plaintiff, v. DISTRICT OF COLUMBIA, et al., Defendants.

Civil Action No. 16-1920 (CKK)

United States District Court, District of Columbia

September 7, 2021

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, United States District Judge.

Darrell Best formerly served as a police officer for the Metropolitan Police Department (“MPD”). Separately, Mr. Best also served as the pastor for a small church located in Washington, D.C. Jaquia Buie was a member of Mr. Best's congregation. On the evening of December 3, 2014, Mr. Best took Jaquia Buie out to dinner at a local restaurant. During their meal, Mr. Best raised explicit sexual topics with Jaquia Buie. Jaquia Buie attempted to leave the restaurant and separate herself from Mr. Best, but eventually allowed Mr. Best to drive her home in his police vehicle. Instead of driving Jaquia Buie home, however, Mr. Best drove her to MPD headquarters, escorted her to an empty office space inside the building, and violently attempted to rape her. At the time, Mr. Best was 45 years old and Jaquia Buie was 17. Mr Best is now serving an 18-year prison sentence, in part, for his sexual assault of Jaquia Buie on December 3, 2014.

In response to Mr. Best's heinous assault, Jaquia Buie filed a ten-count civil action in September 2016 against Mr. Best Mayor Muriel Bowser, and the District of Columbia. Plaintiff's complaint asserts both federal claims under 42 U.S.C. § 1983, as well as common law tort claims against the defendants. Now pending before the Court is the District of Columbia's [90] Motion for Summary Judgment which seeks the dismissal of Plaintiff's § 1983 claims for municipal liability in Counts I and II, as well as Plaintiff's common law claims against the District of Columbia in Counts III, IV, V, VI, VII, and VIII. Upon consideration of the pleadings, the relevant legal authorities, and the record as a whole, ^[1] the Court will GRANT the District of Columbia's motion for summary judgment on Plaintiff's § 1983 municipal liability claims in Counts I and II. The Court, however, will DENY WITHOUT PREJUDICE the District of Columbia's motion for summary judgment as to Plaintiff's remaining common law claims, because unaddressed questions persist regarding the Court's continuing jurisdiction over those non-federal causes of action.

I. BACKGROUND

A. Factual Background

1. Mr. Best's History as an MPD Officer

The Metropolitan Police Department (“MPD”) hired Darrell Best as a police officer in February 1987. Def.'s Stmt. at ¶ 43. In November 1998, MPD promoted Mr. Best from patrol officer to master patrol officer within the Department's Fifth District. Id. Only several months later, MPD promoted Mr. Best once again, this time to the rank of Sergeant, and assigned him to the Department's Seventh District. Id.

In the 2000s, MPD began to receive complaints about Mr. Best and to discipline him for certain conduct. In November 2006, MPD issued Mr. Best an official reprimand when he failed to notify MPD's internal affairs division that he had served a fellow MPD officer with a temporary protective order, arising from a domestic dispute. See IAD Rep., ECF No. 90-22, at 2. Then, in May 2007, MPD suspended Mr. Best for 30-days for providing falsified time and attendance records to MPD, which overstated his compensated work hours. See Pl.'s Opp'n, ECF No. 94-1, at Ex. 4 at 3-5; Not. of Adverse Action, ECF No. 90-23, at 1; Pl.'s Stmt. at ¶ 22. Also in 2007, MPD received an incident report alleging that Mr. Best had assaulted his wife and that she had obtained a temporary protective order against him. See Pl.'s Opp'n, ECF No. 94-1, at Ex. 20 at 1. The current record does not indicate that MPD took any disciplinary action against Mr. Best, as a result of his 2007 domestic violence incident report. See Pl.'s Stmt. at ¶ 22.

In April 2008, Mr. Best was the subject of a formal sexual assault complaint lodged by a female MPD police cadet named Raynette Jones. See MPD Rep., ECF No. 90-12, at 1-2. In her complaint, Ms. Jones alleged that Mr. Best had repeatedly requested oral and vaginal sex, humped her in his office, and fondled her breasts and buttocks on numerous occasions. Id. at 2-4. MPD referred Ms. Jones's sexual assault allegation to the Sex Offense and Domestic Violence Section of the United States Attorney's Office for the District of Columbia. See Aug. 1, 2008 Letter, ECF No. 90-13, at 1. On August 1, 2008, the United States Attorney's Office declined criminal prosecution on a charge of sexual abuse against Mr. Best. Id. Thereafter, MPD conducted its own internal investigation of the Jones matter and ultimately issued no formal disciplinary action against Mr. Best after reaching a finding of “insufficient facts.” MPD Rep., ECF No. 90-12, at 8; see also Def.'s Stmt. at ¶ 45. After the Raynette Jones matter, MPD detailed Mr. Best to work in the Department's Fifth District. See MPD Rep., ECF No. 90-14, at 7.

In October 2008, Mr. Best was the subject of another formal sexual assault complaint, this time lodged by a civilian MPD employee named Janice Lee. See MPD Rep., ECF No. 90-14, at 1. Ms. Lee alleged that on October 22, 2008 Mr. Best propositioned her at work, offering to take her to a hotel and give her a “massage” for $35. Id. at 3. Mr. Best then allegedly grabbed Ms. Lee's buttocks without her consent, while the two were alone together in an MPD community room. Id. As with the Raynette Jones complaint, MPD referred Ms. Lee's complaint to the Sex Offense and Domestic Violence Section of the United States Attorney's Office for the District of Columbia. See Jan. 23, 2009 Letter, ECF No. 90-17, at 1. On January 23, 2009, the United States Attorney's Office declined criminal prosecution on a charge of sexual abuse against Mr. Best. Id. MPD, however, conducted an internal investigation of Ms. Lee's complaint and found that Mr. Best had used his position of authority to intimidate female MPD employees and had engaged in behavior that could “leave the Department open to serious legal action.” MPD Rep., ECF No. 9014, at 6. MPD ultimately determined that Mr. Best's actions towards Ms. Lee constituted conduct unbecoming of an officer and demoted Mr. Best from the rank of a sergeant to an officer. Def.'s Stmt. at ¶ 48. MPD also required that Mr. Best report to MPD's police academy for “training and recertification.” Id.; see also Not. of Direction, ECF No. 90-16, at 1. MPD then reassigned Mr. Best to the Patrol Service and School Security Bureau, in the Department's Fourth District. Def.'s Stmt. at ¶ 48.

Mr. Best remained with the Fourth District until November 21, 2014, at which point MPD Police Chief Cathy Lanier temporarily detailed Mr. Best to the Corporate Support Bureau (“CSB”). Id. at ¶ 49. Within the CSB, Mr. Best served as an “administrative officer, ” working at a desk in the CSB suite on the Fifth Floor of MPD headquarters. Id.; see also Chisley-Missouri Dep., ECF No. 90-4, at Tr. 61. As a CSB administrative officer, Mr. Best worked Monday through Friday, from 9:00 AM to 5:00 PM, and could only work overtime hours with supervisor approval. Def.'s Stmt. at ¶ 50. MPD assigned the CSB an unmarked police vehicle for its officers to use for official MPD business. Id. at ¶ 52. While detailed with the CSB, Mr. Best continued to carry an MPD service weapon. See Def.'s Stmt. at ¶ 11; Pl.'s Stmt. at ¶ 4.

2. God of Second Chance Ministries

In addition to his role as an MPD officer, Mr. Best was also an ordained minister. See Best Decl., ECF No. 90-1, at ¶ 7. In December 2012, Mr. Best founded a church called “God of Second Chance Ministries” (the “Church”), located at 4410 Southern Ave., SE, Washington, D.C. Def.'s Stmt. at ¶ 1. The Church's congregation was comprised of approximately 60-80 individuals, see Best Decl., ECF No. 90-1, at ¶ 7, and its services included bible studies, counseling, a dance ministry, and a choir, see Pl.'s Dep., ECF No. 90-2, at Tr. 119:19-21; Shenita Buie Dep., ECF No. 90-20, at Tr. 70:14-20, 73:8-17. As pastor, Mr. Best had personal involvement in these church activities, including through his service as choir director, see A.T. Dep., ECF No. 90-21, at Tr. 102-03, and by hosting Bible study groups in his house, see Pl.'s Dep., ECF No. 90-2, at Tr. 119:19-21. Mr. Best was viewed as a role model for the congregation, as he appeared to carry himself professionally within the community. See Shenita Buie Dep., ECF No. 90-20, at Tr. 71:1416; 75:8-76:2; 77:10-18.

Mr. Best's duties as a police officer were completely unrelated to his association and work with God of Second Chance Ministries. Def.'s Stmt. at ¶ 56 (citing Best Decl., ECF No. 90-1, at ¶ 8). For example, Mr. Best did not seek approval or authorization from MPD to establish the Church in 2012 or to preach at the Church thereafter. Id. at ¶ 57 (citing Best Decl., ECF No. 901, at ¶ 9). Moreover, MPD refrained from assigning Mr. Best any police-related duties at or for the Church, see id. at ¶ 58 (citing Best Decl., ECF No. 90-1, at ¶ 10), and overall, there was no official or unofficial association or connection between MPD and the Church, id. at ¶ 59 (citing Best Decl., ECF No. 90-1, at ¶ 11). Nonetheless, Mr. Best consistently wore his police uniform at the Church, and “every member” of the Church knew that he was an MPD officer. Pl.'s Opp'n, ECF No. 94-1, at Ex. 22 at 3; see also Pl.'s Resp. to Def.'s Stmt. at ¶ 59 (referencing news broadcast showing Mr. Best leading a church service while in police uniform). Mr. Best would also carry his service weapon at the Church, including while presiding over the congregation from the pulpit. See Pl.'s Opp'n, ECF No. 94-1, at Ex. 1 at Tr. 100:18-21; id., at Ex. 22 at 6.

Jaquia Buie (“Plaintiff”) began attending God of Second Chance Ministries in the Fall of 2013,...