Brown v. Wilhelm
819 F. Supp. 2d 41
D.D.C.2011Background
- Plaintiff L.G. Brown, a DC resident, sues former DC Mayor Adrian Fenty and officers Wilhelm and Cannon under 42 U.S.C. § 1983 for an alleged Nov. 28, 2010 encounter.
- Plaintiff alleges Wilhelm grabbed her arms, threw her to the ground, and did not identify himself as an officer until she called for help.
- Plaintiff claims Cannon and subordinates were aware of the incident and directed her to file MPD complaint forms.
- Plaintiff asserts Fourth Amendment violations and § 242 liability.
- The court granted the motion to dismiss as to Fenty and Cannon, resolving only those defendants.
- The court notes it lacks jurisdiction over the § 242 claim and that Wilhelm remains a separate, unresolved defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal involvement of Fenty and Cannon | Fenty and Cannon were involved by collusion and responsibility for training | Plaintiff failed to plead personal involvement by either official | Dismissed in personal capacity |
| Municipal liability for the District of Columbia | DC policy or custom caused the constitutional violation | No identified policy or link to Wilhelm’s conduct | Dismissed in official capacity (no policy link) |
| § 242 private right of action | § 242 provides a personal remedy | § 242 does not create a private action | Lack of jurisdiction; § 242 claim not cognizable |
Key Cases Cited
- Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
- Iqbal, 129 S. Ct. 1937 (2009) (plausibility standard, not merely a formulaic claim)
- Cameron v. Thornburgh, 983 F.2d 253 (D.C. Cir. 1993) (personal involvement required for official capacity claims)
- Thomas v. U.S., 779 F. Supp. 2d 154 (D.D.C. 2011) (personal involvement in decisions; not established here)
- Atchinson v. District of Columbia, 73 F.3d 418 (D.C. Cir. 1996) (official-capacity liability; district liable only for policy)
- Kentucky v. Graham, 473 U.S. 159 (1985) (standard for official-capacity suits)
- Connick v. Thompson, 131 S. Ct. 1350 (2011) (official policy or custom required for municipal liability)
- Jones v. Horne, 634 F.3d 588 (D.C. Cir. 2011) (district cannot be liable under respondeat superior)
- Warren v. District of Columbia, 353 F.3d 36 (D.C. Cir. 2004) (policy or custom required for liability)
- Lewis v. Gov’t of District of Columbia, 643 F. Supp. 2d 119 (D.D.C. 2009) (no claim where no policy or custom shown)