Harvey v. Mohammed
841 F. Supp. 2d 164
D.D.C.2012Background
- David Harvey, as personal representative for Curtis Suggs, sues Symbral Foundation, Leon and Yvonne Mohammed, Dr. Egbuonu, and the District of Columbia under §1983, DC statutes, and common law alleging negligent care leading to Suggs’s death.
- Suggs had profound mental retardation and related impairments; he resided at Blair Road group home operated by Symbral under DC MRDDA supervision.
- MRDDA case manager and Symbral QMRP both involved in formulating and implementing Suggs’s IHP; monitoring and scheduling of medical care were required.
- Over years, deterioration occurred; denial or delay of neurology and neurosurgery evaluations and treatment contributed to Suggs’s decline and death in 2000; multiple deficiency notices against Symbral establish care failures.
- Court grants partial summary judgment for various defendants and partial denial, with Counts VIII, IX, and others proceeding to trial; §12-309 timing issues affect damages period; key issues include negligence, fiduciary and medical negligence claims, and §1983 liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to monitor care and causation | Harvey asserts DC monitoring duty breached | District asserts delegation to Symbral; no duty to monitor | District’s monitoring duty established; breach supported the District's negligence finding |
| Negligence by Symbral | Symbral breached duties under ICF/MR regulations and IHP | Symbral contests standards; need for expert proof | Symbral liable for negligence; summary judgment for plaintiff on Count I against Symbral and others |
| Corporate officer liability of Mohammeds | Mohammeds participated in and knew of negligent care | No personal involvement shown | Mohammeds personally liable; summary judgment denied in part on Count I for Mohammeds |
| §1983 deliberate indifference and Monell | District’s Evans class policy shows deliberate indifference | No municipal policy/custom; private actors not state actors | District liable under §1983 for deliberate indifference; Symbral/Mohammeds not state actors for Counts VII |
| Private rights and damages under DC MRDDA statute | Seeks damages under 7-1305.13 and 7-1305.14 | Some provisions do not create private rights or damages | Count IX dismissed; Count VIII survives with damages analyzed under §12-309 period constraints |
Key Cases Cited
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (establishes municipal liability for unconstitutional policies)
- City of Canton v. Harris, 489 U.S. 379 (1989) (deliberate indifference standard for municipalities)
- West v. Atkins, 487 U.S. 42 (1988) (requiring state action for §1983 claims against private actors when state is responsible)
- Daskalea v. District of Columbia, 227 F.3d 433 (D.C. Cir. 2000) (deliberate indifference and municipal policy analysis guidance)
- Baker v. District of Columbia, 326 F.3d 1302 (D.C. Cir. 2003) (affirmative link between policy and constitutional violation in §1983)
- Joy v. Bell Helicopter Textron, Inc., 999 F.2d 549 (D.C. Cir. 1993) (negligence per se requires specific guidelines in regulation)
- Bernstein v. Fernandez, 649 A.2d 1064 (D.C. 1991) (outrageousness standard for IIED)
- McNeil Pharamaceuticals v. Hawkins, 686 A.2d 567 (D.C. 1996) (negligence per se elements and proximate cause)