Harris v. United States Department of Veterans Affairs
414 U.S. App. D.C. 72
| D.C. Cir. | 2015Background
- Wilbert Harris, a Vietnam veteran with PTSD, attended a VA group therapy session on Nov. 6, 2008 and displayed a newspaper about President Obama’s election.
- Clinical social worker David Sheets asked Harris not to discuss politics and told him to leave after Harris refused; Sheets returned with three VA police officers when Harris remained.
- Officers removed Harris from the therapy room; Harris says he was calm, tried to retrieve personal items, was forced to the floor, handcuffed, and punched in the ribs, later diagnosed with a fractured rib and other injuries.
- Harris was cited for disorderly conduct under 38 C.F.R. § 1.218(b)(11); the citation was later dismissed. He sued the VA under the FTCA for false arrest/imprisonment, assault and battery, negligence, negligent infliction of emotional distress (NIED), and intentional infliction of emotional distress (IIED).
- The district court granted summary judgment for the VA, finding probable cause to arrest and that force used was reasonable; the D.C. Circuit affirmed summary judgment on false arrest, false imprisonment, negligence, and NIED, but reversed as to assault & battery and IIED (to the extent tied to alleged excessive force), holding factual disputes precluded summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest / False imprisonment | Sheets expelled Harris; officers lacked lawful basis to arrest him for merely trying to retrieve belongings | Officers had probable cause under VA regulation for disorderly conduct / failure to leave when ordered and for disrupting therapy | Affirmed: probable cause existed; summary judgment proper for false arrest/imprisonment |
| Assault & battery (excessive force) | Officers used unreasonable, excessive force (threw him down, punched him after handcuffing), causing fractures and nerve damage | Force was reasonable and necessary to effect a lawful arrest | Reversed: genuine factual disputes (resistance, whether struck while restrained, injuries) preclude summary judgment |
| Negligence (VA/Sheets) | Sheets negligently escalated situation and caused harm by calling security | Officers acted reasonably; plaintiff failed to develop argument on appeal | Affirmed: Harris waived/chose not to contest on appeal; court does not consider further |
| Negligent infliction of emotional distress (NIED) | Sheets’ actions negligently created zone of danger and caused serious, verifiable emotional harm | Claim pleaded as intentional conduct; cannot be both intentional and negligent; pleadings deficient | Affirmed: claim inadequately pled (intent and negligence not properly distinguished) |
| Intentional infliction of emotional distress (IIED) | Arrest plus alleged beating was outrageous and caused severe emotional distress and aggravated PTSD | Probable cause for arrest and (allegedly) reasonable force defeat IIED based on arrest; VA contests severity and causation | Partially reversed: IIED claims grounded solely on lawful arrest fail, but IIED tied to disputed excessive-force facts survives summary judgment |
Key Cases Cited
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard)
- Graham v. Connor, 490 U.S. 386 (objective reasonableness of force)
- Arrington v. United States, 473 F.3d 329 (sworn contradictions can create genuine issue at summary judgment)
- Evans-Reid v. District of Columbia, 930 A.2d 930 (elements of assault and battery under D.C. law)