Richards v. Metropolitan Police Department Officer Jennifer Gelsomino
240 F. Supp. 3d 173
| D.D.C. | 2017Background
- Plaintiff Ruth E. Richards, a 56-year-old Black U.S. citizen born in Jamaica, alleges Officer Jennifer Gelsomino arrested her on May 2013 without probable cause and because of her race and national origin.
- Incident: Richards was allegedly assaulted by her ex-husband; neighbors and the ex’s passenger (Grady) were present and Grady made 911 calls. Two officers responded; Gelsomino spoke with Mr. Richards and Grady, another officer spoke with Richards and Ms. Wood.
- Gelsomino approached Richards on a porch, asked only "Where were you born?" When Richards said Jamaica, Gelsomino arrested her without giving an explanation or conducting further investigation; Richards was detained ~19 hours and released without charge.
- Richards filed an Office of Police Complaints (OPC) complaint; an independent examiner found in Richards’ favor on harassment/discrimination and concluded lack of probable cause. The examiner’s decision also recorded Grady’s contrary allegations that Richards had made threats.
- Defendant attached the OPC decision and argues those factual statements (including alleged threats) establish probable cause and qualified immunity; Richards contends she did not adopt those factual assertions and disputes them.
- District Court declined to treat the examiner’s factual assertions as incorporated wholesale into the complaint, accepted Richards’ pleaded facts as true, and denied Gelsomino’s motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Richards pleaded a Fourth Amendment claim (warrantless arrest without probable cause) | Richards: Arrest lacked probable cause; she was arrested solely after stating she was born in Jamaica | Gelsomino: OPC decision reports threats by Richards (per Grady/911) that supplied probable cause; thus qualified immunity applies | Denied dismissal; court accepts Richards’ complaint facts and finds pleading sufficient that arrest lacked probable cause and qualified immunity is not warranted at this stage |
| Whether defendant is entitled to qualified immunity on Fourth Amendment claim | Richards: Qualified immunity inappropriate because arrest violated clearly established right against warrantless arrests without probable cause | Gelsomino: Reasonable officer could have relied on Grady’s reported threats (as reflected in OPC materials) and thus is protected | Denied at pleading stage; right is clearly established and factual development may change analysis later |
| Whether Richards pleaded a Fifth Amendment equal protection claim (selective enforcement/discrimination) | Richards: Arrest was motivated by race/national origin (questioning limited to birthplace, refusal to investigate witnesses, no explanation) | Gelsomino: Implicitly argues arrest lawful (probable cause) so no discrimination claim | Denied dismissal; court finds Richards plausibly alleged discriminatory purpose sufficient to state a Fifth Amendment claim |
| Whether the OPC examiner’s factual findings are incorporated into the complaint | Richards: Attached examiner decision for its conclusions but did not adopt every factual statement; disputed facts (e.g., alleged threats) should not be treated as pleaded | Gelsomino: Attachment incorporates examiner’s factual recitation, allowing the court to accept Grady’s allegations as true | Court: Rejected wholesale incorporation; exhibits not automatically adopted as pleaded facts and because facts are disputed, court will not consider examiner’s unadopted factual assertions at this stage |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (standard for plausible pleading)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading and discriminatory-purpose standard)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity framework)
- White v. Pauly, 137 S. Ct. 548 (do not define clearly established law at high level of generality)
- Stanton v. Sims, 134 S. Ct. 3 (qualified immunity protects reasonable but mistaken judgments)
- Banneker Ventures, LLC v. Graham, 798 F.3d 1119 (limits on incorporation-by-reference and exhibit use)
- Goines v. Valley Comm. Servs. Bd., 822 F.3d 159 (exhibit attachment does not automatically convert exhibit facts into pleaded facts)
- Barham v. Ramsey, 434 F.3d 565 (probable cause standard for warrantless arrest outside the home)
- Devenpeck v. Alford, 543 U.S. 146 (probable cause inquiry focuses on facts known to arresting officer)
- Beck v. Ohio, 379 U.S. 89 (probable cause definition)
- Gerstein v. Pugh, 420 U.S. 103 (arrest without probable cause violates Fourth Amendment)
- Whren v. United States, 517 U.S. 806 (equal protection claim where selective enforcement based on race)
- Elliot-Park v. Manglona, 592 F.3d 1003 (racially disparate police treatment is clearly unconstitutional)