Westfahl v. District of Columbia
75 F. Supp. 3d 365
D.D.C.2014Background
- Westfahl participated in a protest at the World Bank/IMF in DC on Oct 9, 2010, carrying a flagpole attached to a protest flag.
- MPD cordoned protesters to the sidewalk; Westfahl allegedly attempted to pass the line, leading to a confrontation with officers.
- Officers allege Westfahl struck Officer Robinson with the flagpole or struck the helmet; Westfahl contends the flag fell away and he did not strike anyone.
- Westfahl was arrested for assaulting a police officer and transported to a hospital after minor abrasions; his asthma inhaler was removed and placed in evidence.
- MPD policy at the time required removal of medical devices and transport to hospital if use of the device was requested; Westfahl later suffered an asthma attack and was treated without long-term injury.
- Westfahl sued the District and four MPD officers for §1983 claims and related state-law torts, and for a Fifth Amendment challenge to the inhaler policy; the District moved for summary judgment and Westfahl cross-moved on some claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fourth Amendment/assault and battery and immunity | Officers used excessive force; lack of objective justification; qualified immunity should not apply. | Officers reasonably believed force was necessary given the on-scene circumstances; some actions protected by qualified immunity. | Summary judgment denied for some officers; qualified immunity not available for Cory and Robinson on certain strikes; others remain unresolved. |
| First Amendment retaliatory arrest and the surrounding probable cause | Arrest motivated by protest activity; retaliatory motive supported by probable cause concerns. | Probable cause and on-scene justification negate retaliation claim for some officers. | First Amendment claims against Cory survive; other officers grant summary judgment. |
| False arrest | Officer Cory arrested Westfahl without probable cause. | Facts regarding probable cause are disputed and require trial. | False arrest claim against Cory survives summary judgment. |
| Municipal liability for inadequate investigation/discipline | MPD MOA failures show deliberate indifference causing or enabling excessive force. | MOA and evidence show reform efforts; no proof of policy of tolerance or causation. | District entitled to summary judgment on municipal liability. |
| Fifth Amendment claim re: inhaler policy | Policy of withholding medical devices from arrestees imposes punitive conditions on pretrial detainees. | Policy reasonably related to legitimate governmental objectives of preventing contraband; treatment provided when needed. | District entitled to summary judgment on Fifth Amendment claim. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness must be judged from on-scene perspective)
- Saucier v. Katz, 533 U.S. 194 (2001) (two-step qualified immunity framework)
- Hundley v. District of Columbia, 494 F.3d 1097 (D.C. Cir. 2007) (unreasonable force claims; on the scene analysis)
- Johnson v. District of Columbia, 528 F.3d 969 (D.C. Cir. 2008) (standing for clearly established violation when resisting arrestee)
- City of Canton v. Harris, 489 U.S. 378 (1989) (deliberate indifference standard for municipal liability)