Cohen v. District of Columbia
744 F. Supp. 2d 236
D.D.C.2011Background
- D.Q. was an 11-year-old foster ward of the District of Columbia,
- CFSA contracted with Progressive Life Center to provide therapeutic foster care and related services,
- Nile Express Transport operated the van that transported D.Q. to Progressive’s offices on July 18, 2006,
- D.Q. exited the van and was struck by a car, dying two days later,
- Cohen, as personal/legal representative of D.Q.’s Estate, sued the District, Progressive, Nile, and Woods for multiple counts including a §1983 due process claim and state-law claims,
- District and Progressive moved for summary judgment arguing no genuine §1983 due process violation existed; the court granted in part and remanded remaining state-law claims to Superior Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District and Progressive violated substantive due process under §1983 | Cohen: defendants failed to protect D.Q. under the foster care relationship | District/Progressive: no deliberate indifference shocks the conscience | No §1983 substantive due process violation; no deliberate indifference that shocks the conscience. |
| Whether the District/Progressive acted with deliberate indifference toward a substantial risk | Cohen: failures in medication oversight and transport show indifference | District/Progressive: no knowledge of substantial risk or failure to act despite notice | Insufficient evidence of knowledge of substantial risk; conduct not deliberate indifference. |
| Whether the District's lack of a monitored policy or custom caused the violation | Cohen: inadequate policies for medication and transport reflect deliberate indifference | District: implemented and monitored standards via MFO/monitors; no custom shown | No cognizable Monell-like policy or custom established. |
| Whether the court should retain supplemental jurisdiction over state-law claims | Cohen: proper because related to federal case | District/Progressive: complete dismissal of federal claims warrants decline | Declined supplemental jurisdiction; state-law claims remanded to Superior Court. |
Key Cases Cited
- DeShaney v. Winnebago County Social Servs. Dep't, 489 U.S. 189 (U.S. 1989) (state does not owe general duty to protect from private harm; exceptions for custody or created danger)
- Nicini v. Morra, 212 F.3d 798 (3d Cir. 2000) (deliberate indifference standard discussed in foster care context)
- Butera v. District of Columbia, 235 F.3d 637 (D.C. Cir. 2001) (distinguishes substantive due process from local tort law; negligence not enough)
- DeAnzona v. City and County of Denver, 222 F.3d 1229 (10th Cir. 2000) (example where lack of supervision did not rise to deliberate indifference)
- Smith v. District of Columbia, 413 F.3d 86 (D.C. Cir. 2005) (no deliberate indifference where standards for contractor monitoring were lacking prior to reform)
- Monell v. Dep’t of Social Servs., 436 U.S. 658 (U.S. 1978) (local government liability requires policy or custom causing violation)
- Gibbs v. United Mine Workers, 383 U.S. 715 (U.S. 1966) (animates supplemental jurisdiction considerations)
- LaShawn A. v. Kelly, 701 F. Supp. 2d 84 (D.D.C. 2010) (MFO implementation plan governing District foster care monitoring)