Jones v. United States of America
934 F. Supp. 2d 284
D.D.C.2013Background
- Plaintiff Treshawn V. Jones sues the United States and Park Police arising from a January 28, 2009 traffic stop in DC.
- Plaintiff was pregnant; she exited her vehicle and alleges Officer Kadiev restrained, handcuffed, and arrested her during the stop.
- Plaintiff was charged with disorderly conduct and failure to obey, but acquitted at a bench trial in DC Superior Court on October 7, 2009.
- Plaintiff filed a notice of claim with the National Park Service on January 28, 2011; claim denied May 25, 2011.
- Plaintiff filed suit on November 28, 2011 in this District of Columbia court; FTCA governs Counts I–IV.
- Defendants moved to dismiss or for summary judgment; the court denied as to Counts I–IV and granted as to Count V.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Counts I–IV under FTCA | Jones's 6-month denial-rule timing allows November 28 filing due to inaccessibility. | Counts I–IV untimely since filing due November 28 did not occur within 6 months after denial. | Counts I–IV timely; Clerk’s office inaccessible on Nov 25 extended deadline. |
| Count V characterization and scope | Section 1983 applies; Kadiev can be liable for constitutional torts under Bivens. | Count V cannot proceed under §1983 against a federal officer; Bivens may apply. | Count V construed as Bivens claim; §1983 inapplicable to federal officer. |
| Qualified immunity applicability to restraint/handcuffing | Officer Kadiev violated clearly established Fourth Amendment rights by restraining plaintiff. | A reasonable officer could restrain in a rapidly evolving traffic-stop scene; no clear violation. | Kadiev entitled to qualified immunity; restraint and handcuffing did not violate clearly established rights. |
| Qualified immunity applicability to arrest | There was no probable cause to arrest the plaintiff. | Reasonable officer could believe probable cause existed given drug-related circumstances and minor involvement. | Kadiev entitled to qualified immunity; probable cause or reasonable belief supported arrest. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility standard for pleading claims)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility standard for evaluating complaints)
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness of force used in seizures)
- Whren v. United States, 517 U.S. 806 (1996) (objective basis for stop justifies certain actions)
- Muehler v. Mena, 544 U.S. 93 (2005) (detention with handcuffs during detention is permissible for safety)
- Devenpeck v. Alford, 543 U.S. 146 (2004) (probable cause analyzed with objective facts, not officer’s subjective intent)