117 F. Supp. 3d 6
D.D.C.2015Background
- On July 6, 2013, Blakeney was stopped by ~9–10 MPD officers, forcibly taken to the ground, beaten, handcuffed, transported to a hospital and then arrested for "Assault on a Police Officer." He alleges he did not resist.
- Blakeney alleges the officers conspired to file false reports and give false testimony to cover up the use of excessive force; the criminal charge was dismissed on February 4, 2014.
- Blakeney sued the District of Columbia and four named officers, asserting claims including: § 1983 municipal liability (Monell), civil conspiracy, malicious prosecution, negligence, and negligent training/supervision; the District moved to dismiss several claims under Rule 12(b)(6).
- The District conceded (by answer) some underlying tort claims (assault, battery, false imprisonment/false arrest, IIED) but sought dismissal of Monell, negligence, negligent training/supervision, and civil conspiracy (as independent tort) and malicious prosecution.
- The named officers moved to dismiss for insufficient service of process; the court found initial service of the complaint adequate for notice and granted Blakeney 21 more days to complete service of the Amended Complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Municipal liability under § 1983 (Monell) — was there a District policy/custom or deliberate indifference? | District liable for excessive force because MPD has a custom/practice (alleged on information and belief) and failed to train/supervise. | Dismiss: Plaintiff relies on a single incident; no factual allegations of policy, pattern, or deliberate indifference. | Dismissed — Monell claim fails for lack of factual allegations showing a policy, custom, or notice/deliberate indifference. |
| Civil conspiracy (D.C. law) — can officers (and the District via respondeat superior) be liable? | Officers conspired to falsely arrest, file false reports, and give false testimony; District vicariously liable. | Dismiss: conspiracy is not an independent tort; intracorporate conspiracy doctrine bars claims against public-entity employees acting as one. | Denied — conspiracy survives: underlying torts pleaded; intracorporate doctrine inapplicable where conduct alleges criminal wrongdoing/acts outside scope of employment. |
| Malicious prosecution — did prosecution terminate in Plaintiff's favor and was there special injury? | Charge was dismissed; plaintiff suffered loss of liberty and other harms. | Dismiss: no facts demonstrating favorable termination or special injury. | Denied — dismissal plausibly indicates favorable termination; loss of liberty sufficiently pleads special injury. |
| Negligence and negligent training/supervision — are these distinct viable claims from intentional torts/§ 1983 claim? | Officers breached MPD policies and had duties (including to intervene); District failed to train/supervise. | Dismiss: negligence pled duplicates intentional excessive-force/assault claims and lacks separate negligent theory or facts showing notice of problematic training/supervision. | Dismissed — negligence and negligent training/supervision claims fail for lack of distinct factual theory and absence of facts showing District knowledge/notice. |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability requires policy or custom)
- City of Canton v. Harris, 489 U.S. 378 (liability for failure to train only when deliberate indifference shown)
- Connick v. Thompson, 563 U.S. 51 (pattern ordinarily required to show deliberate indifference in failure-to-train claims)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility and dismissal of conclusory allegations)
- Saucier v. Katz, 533 U.S. 194 (excessive-force Fourth Amendment standard)
- Graham v. Connor, 490 U.S. 386 (excessive force analyzed under Fourth Amendment)
- City of Oklahoma City v. Tuttle, 471 U.S. 808 (single incident insufficient for Monell absent proof it was caused by municipal policy)
- Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (background on intracorporate-conspiracy doctrine)
- District of Columbia v. Chinn, 839 A.2d 701 (negligence claim must allege an aspect of negligence distinct from intentional use of force)
- DeWitt v. District of Columbia, 43 A.3d 291 (elements of malicious prosecution under D.C. law)