Daniels v. Dist. of Columbia

894 F.Supp.2d 61

Lashan DANIELS, et al., Plaintiffs,

v.DISTRICT OF COLUMBIA, et al., Defendants.

Civil Action No. 11–cv–1331 (RLW).

United States District Court, District of Columbia.

Sept. 30, 2012.

Gregory L. Lattimer, Law Offices of Gregory L. Lattimer, PLLC, Washington, DC, for Plaintiffs.

Steven J. Anderson, Office of Attorney General for DC, Washington, DC, for Defendants.

MEMORANDUM OPINION

ROBERT L. WILKINS, District Judge.

Plaintiffs Lashan Daniels (“Daniels”) and her minor son (“M.C.”) bring this action against Defendants the District of Columbia and District of Columbia Metropolitan Police Officers Napper, Alvarenga, and Salice in connection with the arrest of Daniels and the detention of M.C. Defendants have moved for partial dismissal of Plaintiffs' claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Fed.R.Civ.P. 12(b)(1). For the following reasons, Defendants' motion is granted in part and denied in part.

FACTUAL SUMMARY

On May 18, 2010, Daniels and M.C. returned home to their condominium and saw Officer Napper speaking with a neighbor in one of the other units in the building. (Compl. ¶ 7). As Plaintiffs walked by, the neighbor yelled at Daniels and told her that she was going to “beat her ass!” ( Id. ¶ 8). Daniels told Officer Napper she wished to file a complaint; however, Officer Napper declined Daniels' request and told her that the neighbor's statement was not a threat. ( Id.). M.C., in attempting to defend his mother, became engaged in a shouting match with his neighbor. ( Id. ¶ 9). Plaintiffs allege that Officer Napper chased M.C. up the nearby stairs toward his home, then placed M.C. in handcuffs and led him back down the stairs. ( Id.). Officer Napper also placed Daniels in handcuffs at this time. ( Id.).

Shortly thereafter, Officers Alvarenga and Salice arrived on the scene. ( Id. at ¶ 10). Plaintiffs allege that Officers Alvarenga and Salice proceeded to “manhandle” Daniels, ignoring her protests that she was six-months pregnant and would go peacefully. ( Id. ¶ 10). According to Plaintiffs, Officers Alvarenga and Salice “push[ed], shov[ed] and jerk[ed]” Daniels on their way down the stairs and out of the building. ( Id.). M.C. was initially placed in Officer Napper's patrol car, but was later released at the scene. Daniels, however, was not released, and Officer Napper drove Daniels to Seventh District police precinct, subjecting Daniels to “an intentionally violent ride.” ( Id. ¶ 11). Daniels was released several hours later.

On May 18, 2011, Plaintiffs filed suit in the Superior Court of the District of Columbia. Plaintiffs' three-count complaint includes the following claims: “Assault & Battery” (against all defendants) (Count I); “Intentional/Negligent Infliction of Emotional Distress” (against all defendants) (Count II); and “Deprivation of Civil Rights, 42 U.S.C. § 1983” (against the defendant officers) (Count III). (Compl. ¶¶ 14–22). On July 21, 2011, Defendants removed the case to this Court pursuant to 28 U.S.C. § 1441(b).

LEGAL STANDARD

Defendants have moved for partial dismissal of the claims against them under Rule 12(b)(6) for failure to state a claim. Fed.R.Civ.P. 12(b)(6). “To survive a motion to dismiss under Rule 12(b)(6), a complaint must contain sufficient factual matter, acceptable as true, to state a claim to relief that is plausible on its face.” Anderson v. Holder, 691 F.Supp.2d 57, 61 (D.D.C.2010) (brackets omitted) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)) (internal quotes omitted)).

A court considering a Rule 12(b)(6) motion must construe the complaint in the light most favorable to the plaintiff and must accept as true all reasonable factual inferences drawn from well-pleaded factual allegations. In re United Mine Workers of Am. Employee Benefit Plans Litig., 854 F.Supp. 914, 915 (D.D.C.1994). However, where the well-pleaded facts do not permit a court, drawing on its judicial experience and common sense, to infer more than the “mere possibility of misconduct,” the complaint has not shown that the pleader is entitled to relief. Iqbal, 556 U.S. at 679, 129 S.Ct. 1937.

ANALYSIS

I. Count I (Assault & Battery) & Count III (Deprivation of Civil Rights, 42 U.S.C. § 1983)

a. M.C.'s Claims

Officers Alvarenga and Salice argue that M.C.'s assault and battery and excessive force claims asserted against them in Counts I and III should be dismissed because the complaint fails to allege that either officer used any force against M.C. (Defs.' Mot. at 4). The Court agrees that dismissal of these claims is proper because the facts alleged in the complaint suggest that Officer Napper alone had contact with M.C. Accordingly, the Court will grant Defendants' motion to dismiss M.C.'s claims against Officers Alvarenga and Salice in Counts I and III.¹

With respect to M.C.'s assault and battery claim against Officer Napper, Plaintiffs allege that Officer Napper chased M.C. up the stairs, placed him in handcuffs, and put him in the back of his patrol car. (Compl. ¶¶ 9–10). Defendants contend that Officer Napper's actions were justified because he was performing a Terry stop. See Terry v. Ohio, 392 U.S. 1, 23, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) (holding that “a police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest”).

Although a police officer need only a “minimal level of objective justification” in order to effect a Terry stop, United States v. Goddard, 491 F.3d 457, 460 (D.C.Cir.2007), it is unclear based on the present record whether Officer Napper was justified in his detention of M.C. Relying on Illinois v. Wardlow, 528 U.S. 119, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000), Defendants argue that M.C.'s “unprovoked flight” provides sufficient justification for a Terry stop. However, the Supreme Court in Wardlow did not adopt a per se rule authorizing the temporary detention of anyone who flees upon seeing a police officer. Instead, the Court explicitly rejected the proposition that flight is “necessarily indicative of wrongdoing.” Wardlow, 528 U.S. at 124, 120 S.Ct. 673. Therefore, the fact that M.C. ran upstairs does provide Officer Napper with sufficient justification standing alone to justify a Terry stop.

Moreover, it is not clear from factual record whether the interaction between M.C. and Officer Napper extended beyond a Terry stop and into an arrest which requires probable cause. See Castellon v. United States, 864 A.2d 141, 154 (D.C.2004) (discussing the “[f]actors relevant in distinguishing between [a Terry stop and an arrest] are, among others, the length of detention, the place of detention, the use of handcuffs, the use of weapons and the announcement of an intent to arrest”). At bottom, Defendants are asking the Court to conclude that Officer Napper's encounter with M.C. was a Terry stop and that Officer Napper had sufficient justification for that stop—essentially asking the Court to draw the inferences in the Defendants' favor. However, at this stage in the proceedings, where the Plaintiffs are entitled to the benefit off all reasonable inferences, the Court must conclude that Plaintiffs have adequately alleged that M.C. was subjected to an unjustified Terry stop. Accordingly, M.C.'s assault and battery claim against Officer Napper will stand, and the motion to dismiss this claim will be denied.

b. Daniels' Claims

Officers Alvarenga and Salice move for dismissal of Daniels' common law assaultand battery claims against them because the force they allegedly used was not “clearly excessive or unreasonable.” (Defs.' Mot at 5). The officers also argue that the common law assault and battery claims are barred by the privilege afforded officers assisting in an arrest. Finally, the officers also maintain that they are entitled to a qualified immunity defense on Daniels' excessive force claims in Count III.

In the District of Columbia, an assault has been defined as “an intentional and unlawful attempt or threat, either by words or acts, to do physical harm[.]” Holder v. District of Columbia, 700 A.2d 738, 741 (D.C.1997). A battery is “an intentional act that causes a harmful or offensive bodily contact.” Id. at 741.

Taken in the light most favorable to the Plaintiffs, the facts alleged in the complaint are consistent with an assault and battery claim against Officers Alvarenga and Salice. Plaintiffs allege that the officers rushed into the building and “manhandled” Daniels, and that the officers “pushed, shoved, and jerked” Daniels while they brought her out of the building. Thus, one could easily infer based on these facts that Daniels was assaulted and battered by Officers Alvarenga and Salice during these interactions. Defendants urge the Court to find that the force used by these officers was not clearly excessive or unreasonable. However, making such a finding would require the Court to draw the inferences in the Defendants' favor, which the Court cannot do on a motion to dismiss. Viewing the Plaintiffs' allegations in the light most favorable to them, and giving them the benefit of all reasonable inferences, the Court concludes that Plaintiffs have adequately alleged that Daniels was assaulted and battered by Officers Alvarenga and Salice.

For Officers Alvarenga and Salice to have qualified immunity under the fellow officer rule, they must have been relying on Officer Napper's assessment at the scene, and such reliance must have been objectively reasonable at the time. See Bolger v. District of Columbia, 608 F.Supp.2d 10, 24 (D.D.C.2009) (citing Barham v. Salazar, 556 F.3d 844, 850 (D.C.Cir.2009)); see also, Bilida v. McCleod, 211 F.3d 166, 174–75 (1st Cir.2000) (“Plausible instructions from a superior or fellow officer support qualified...