756 F. Supp. 2d 25
D.D.C.2010Background
- Harris, a DC Special Police Officer, was arrested April 7, 2008 at CDI Head Start while believing he had authority to carry a firearm.
- He was charged with Carrying a Pistol Without a License outside home; charge was dropped by the U.S. Attorney on June 16, 2008.
- Ord v. District of Columbia (Ord) involved the same April 7, 2008 incident and alleged similar claims; Ord was initially dismissed for lack of standing but later revived on appeal.
- Harris filed suit April 3, 2009 against DC asserting seven counts including Fourth, Fifth, Eighth Amendment, and state-law claims; the Court later dismissed all seven counts on March 22, 2010.
- Plaintiff alleged clerical error crossed out his related-case designation on the Civil Cover Sheet, which purportedly prevented consolidation with Ord.
- Plaintiff moved for reconsideration on April 16, 2010; the Court denied reconsideration for Counts I, II, V, VI, VII but granted leave to amend the complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether common law claims were properly dismissed for § 12-309 notice. | Harris argues related-case designation to Ord provided notice. | DC contends no proper notice under § 12-309 was shown. | Denied; failure to raise timely notice issues forecloses reconsideration. |
| Whether Harris adequately pled § 1983 Monell claims vs. DC. | Harris contends Ord findings imply Monell liability. | Ord does not control Harris's failure to plead unconstitutional policy. | Denied; Ord findings do not establish Harris's Monell pleadings. |
| Whether leave to amend should be granted given new Ord documents. | Documents from Ord may show Monell liability and notice. | Amendment would be futile without proper pleading. | Granted; leave to amend the complaint is allowed. |
Key Cases Cited
- Ord v. District of Columbia, 587 F.3d 1136 (D.C. Cir. 2009) (standing and preenforcement review; not controlling on Monell claims in Harris)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (U.S. 1978) (establishes municipal liability for unconstitutional custom or policy)
- Warth v. Seldin, 422 U.S. 490 (U.S. 1975) (standing and justiciability considerations for defendant suits)
- Kattan v. District of Columbia, 995 F.2d 274 (D.C. Cir. 1993) (motion for reconsideration standard; new arguments not allowed)
- Jones v. Bernanke, 538 F. Supp. 2d 53 (D.D.C. 2008) (reconsideration not vehicle for advancing early-omitted arguments)
- Firestone v. Firestone, 76 F.3d 1205 (D.C. Cir. 1996) (standard for granting reconsideration)
- Nat'l Ctr. for Mfg. Sciences v. Dep't of Def., 199 F.3d 507 (D.C. Cir. 2000) (new facts or clear errors required to alter prior ruling)
- Ord v. District of Columbia, 587 F.3d 1136 (D.C. Cir. 2009) (reaffirmed standing ruling; relevant for related-case discussion)