Doe v. Washington Metropolitan Area Transit AuthorityDoe v. Washington Metropolitan Area Transit Authority
MEMORANDUM OPINION
Almost four years ago, Plaintiff Jane Doe boarded a red-line subway train at a stop in Glenmont, Maryland. During the ride, another passenger forced Doe behind a partition in one of the train cars and raped her at knife point. (See Complaint, ECF 1-4, at 5-7.) In the wake of this terrible crime, Doe filed a civil complaint against the operator of subway system—Defendant Washington Metropolitan Area Transit Authority (“WMATA“)—alleging that WMATA had negligently failed to take steps to protect her from the assailant (a man who happened to be known to WMATA due to a prior incident involving sex-related misconduct in the subway system). (Id. ¶ 9).
Before this Court at present is WMATA‘s motion to dismiss Doe‘s complaint under
I. BACKGROUND1
On April 12, 2016, Doe was a passenger on a WMATA red-line train in Glenmont,
On April 4, 2019, Doe filed a civil complaint against WMATA in the Superior Court of the District of Columbia. Doe‘s complaint asserts one count of negligence (id. ¶¶ 21-26) and one count of punitive damages (id. ¶¶ 27-32). It also contains a series of allegations concerning WMATA‘s inaction following Hicks‘s public masturbation. Specifically, Doe‘s complaint alleges that: “[p]rior to the sexual abuse that is the focus of this lawsuit, [WMATA] had identified John Prentice Hicks as the person who exposed himself and masturbated on one of its trains” (id. ¶ 11), but WMATA “failed to take appropriate steps to either apprehend John Prentice Hicks prior to the incident, prevent him from using the WMATA system, or warn passengers of John Prentice Hicks’ [s] potential presence and the danger to them” (id. ¶ 12). WMATA also allegedly failed to “take proper steps to ensure the safety of passengers on its trains; . . . inform the employees including, but not limited to, attendants and personnel on the trains and at the train stations of the dangers of John Prentice Hicks; . . . make reasonable efforts to protect Plaintiff against sexual abuse while she was a passenger on Defendant‘s train; . . . ensure the peaceful completion of Plaintiff‘s journey; [or] . . . exercise ordinary and reasonable care under the circumstances” (id. ¶ 18). Additionally, Doe‘s complaint alleges that WMATA‘s decisions with respect to the design of its cars were negligent because, although WMATA “knew or should have known that the darkened partitions on its trains behind which John Prentice Hicks assaulted Plaintiff allowed for potential assailants such as John Prentice Hicks to shield their behavior from view . . . [and] created an environment in which crimes can more easily be committed” (id. ¶¶ 15-16), WMATA “fail[ed] to adequately remedy a known dangerous hazard” by “replac[ing] or remov[ing] the darkened and secluded partitioned areas of its trains” (id. ¶ 18).
On May 6, 2019, WMATA removed Doe‘s lawsuit to federal court under the WMATA Compact, which gives federal courts original jurisdiction over all legal actions against WMATA. (See Notice of Removal, ECF 1, at 2.) Shortly thereafter, WMATA filed a motion to dismiss Doe‘s complaint under
In its motion, WMATA argues that Doe‘s complaint should be dismissed in its entirety under the doctrine of sovereign immunity. (See Def.‘s Mot. at 1-2.) In particular, WMATA contends that any allegation relating to the agency‘s conduct following Hicks‘s public masturbation concerns WMATA‘s police activity, which is a quintessential governmental function for which WMATA may not be held liable (see id.), and that the design of WMATA‘s subway cars is a discretionary function for which sovereign immunity has not been waived (see id. at 2). Doe responds that her allegations concern the various ways in which “WMATA as an organization
Following a hearing, this Court took WMATA‘s motion to dismiss—now ripe for decision—under advisement.
II. LEGAL STANDARDS
A. Motions To Dismiss Under Rule 12(b)(1)
In contrast to a motion to dismiss under
When ruling on a
B. WMATA‘s Immunity Under The WMATA Compact
Maryland, Virginia, and the District of Columbia created WMATA pursuant to a “compact[,]”
Notably, Section 80 of the WMATA Compact expressly waives WMATA‘s sovereign immunity under certain circumstances and retains it with respect to others. In this regard, that statute states that WMATA
shall be liable for its contracts and for its torts and those of its Directors, officers,
employees[,] and agent[s] committed in the conduct of any proprietary function, in accordance with the law of the applicable signatory (including rules on conflict of laws), but shall not be liable for any torts occurring in the performance of a governmental function.
The D.C. Court of Appeals has noted that, “in general, the provision of mass transportation is a proprietary function within the meaning of the WMATA Compact, and WMATA, like any common carrier, owes a duty of reasonable care to its passengers.” W.M.A.T.A. v. O‘Neill, 633 A.2d 834, 837 (D.C. 1993) (internal citations omitted). Because “[a] common carrier transports precious human cargo[,]” W.M.A.T.A. v. Jeanty, 718 A.2d 172, 174–75 (D.C. 1998), “public policy and safety require that [common carriers] be held to the greatest possible care and diligence[,]” Pa. & Reading R.R. Co. v. Derby, 55 U.S. (14 How.) 468, 486 (1852). In other words, common carriers “are bound to exercise extraordinary vigilance [aided] by the highest skill for the purpose of protecting their passengers against injury resulting from defects in ways or instrumentalities used by the carriers.” Capital Traction Co. v. Copland, 47 App. D.C. 152, 159 (D.C. 1917). And, indeed, “no rule is better established than that which holds a common carrier to the highest degree of care[.]” Missile Cab Ass‘n, Inc. v. Rogers, 184 A.2d 845, 847 (D.C. 1962). But see Sebastian v. District of Columbia, 636 A.2d 958, 962 (D.C. 1994) (explaining that, “although the language in [D.C.] cases speaks of the high degree of care required of a common carrier,” such a carrier “is subject to essentially the same standard as any other alleged tortfeasor, i.e., an obligation to exercise due care“).
At the same time, “in establishing WMATA as a common carrier, the creating jurisdictions did not intend to expose it to liability coextensive with that of a private carrier; otherwise the governmental-proprietary distinction of the Compact would have no meaning.” O‘Neill, 633 A.2d at 837. Thus, WMATA is not just any common carrier; the WMATA Compact expressly authorizes the agency to undertake certain quintessential governmental functions. For example, Section 76 requires WMATA “to establish and maintain a regular police force, to be known as the Metro Transit Police, to provide protection for its patrons, personnel, and Transit facilities.”
To further parse WMATA‘s immunity and the line between governmental and discretionary functions—which can be difficult to ascertain—courts have imported the distinction between “discretionary” and “ministerial” acts from the Federal Tort Claims Act (“FTCA“). KiSKA Constr. Corp. v. W.M.A.T.A., 321 F.3d 1151, 1158 (D.C. Cir. 2003). A “discretionary” act involves “judgment, planning, or policy decisions[,]” Beatty v. W.M.A.T.A., 860 F.2d 1117, 1127 (D.C. Cir. 1988), and is generally considered to be part of an agency‘s “governmental function[,]” Beebe, 129 F.3d at 1287. Therefore, courts have concluded that WMATA retains sovereign immunity with respect to alleged torts that result from its discretionary acts. Conversely, under the FTCA framework, when the agency commits a ministerial act—that is, when it is involved in the “enforcement or administration of a mandatory duty at the operational level, even if professional expert evaluation is required[,]” Beatty, 860 F.2d at 1127—then the agency is engaging in a “proprietary function” for Section 80 purposes, and thus it may be held liable under the WMATA Compact, see Whiteru, 258 F. Supp. 3d at 184.3
Given this, the governmental-versus-proprietary-function inquiry plays out in two separate steps. Under step one, courts ask whether “any statute, regulation, or policy specifically prescribes a course of conduct for an employee to follow.” KiSKA, 321 F.3d at 1159 (internal quotation marks and citation omitted). “If such authority exists, and if the relevant statute, regulation[,] or policy leaves no room for discretion regarding the agency‘s conduct, then the alleged tort resulted from the exercise of a proprietary function, and WMATA cannot claim sovereign immunity protection.” Whiteru, 258 F. Supp. 3d at 185; see, e.g., id. at 186 (holding that WMATA‘s Standard Station Operating Procedures regarding closing inspections
III. ANALYSIS
Doe‘s complaint includes two general categories of claims. The first group of allegations concerns WMATA‘s inaction following the initial known incident concerning Hicks (i.e., his public masturbation) (see Compl. ¶¶ 11, 12, 18), while the second category of claims pertains to WMATA‘s decisions with respect to the design of its subway train cars (see id. ¶¶ 15, 18). As explained fully below, this Court concludes that WMATA has sovereign immunity with respect to both of these categories of legal claims under well-established precedents that demarcate the boundaries of governmental and proprietary agency functions for the purpose of Section 80. Indeed, each of the claims that Doe has brought against WMATA in this action assails either the agency‘s quintessential governmental functions—i.e., its law-enforcement-like decisions regarding how to respond to the potential criminal behavior of one of its customers—or its discretionary determinations about the design of its train cars. And, similarly, in the absence of any express waiver of sovereign immunity for punitive damages, Doe‘s punitive damages count must likewise be dismissed. Consequently, this Court lacks subject-matter jurisdiction to consider the merits of Doe‘s claims.
A. Doe‘s Claims Regarding WMATA‘s Allegedly Inadequate Reaction To A Prior Potential Crime By Doe‘s Assailant Are Challenges To A Governmental Function Of The Agency
According to the complaint, although WMATA allegedly “had identified John Prentice Hicks as the person who exposed himself and masturbated on one its trains” (Compl. ¶ 11), the agency negligently “failed to take appropriate steps to either apprehend John Prentice Hicks prior to Doe‘s incident, prevent him from using the WMATA system” (id. ¶ 12), “warn passengers of John Prentice Hicks‘[s] potential presence and the danger to them” (id.), “take proper steps to ensure the safety of passengers on its trains” (id. ¶ 18), “inform the employees . . . of the dangers of John Prentice Hicks” (id.), or “exercise ordinary and reasonable care under the circumstances” (id.). In addition, the complaint alleges that WMATA was negligent when it failed to “make reasonable efforts to protect Plaintiff against sexual abuse while she was a passenger on Defendant‘s train” (id.), and “ensure the peaceful completion of Plaintiff‘s journey” (id.). WMATA argues that these allegations “are based upon WMATA‘s police function, a quintessential governmental function for which WMATA enjoys immunity[.]” (Def.‘s Mot. at 1.) Doe responds that these claims are “not limited to just WMATA‘s Metro Transit Police Department” but instead concern “ways in which WMATA as an organization failed to act reasonably outside of [Metro Transit Police Department (MTPD)‘s] actions[.]” (Pl.‘s Opp‘n at 9.)
Notably, even if this Court were to conclude that the actions that Doe alleges WMATA should have taken are not quintessentially within the purview of law enforcement by nature, see, e.g., (Compl. ¶¶ 12, 18 (asserting that WMATA was negligent in failing to warn passengers of the potential danger or preventing Hicks from using the metro system)), Doe‘s claims are still subject to dismissal on sovereign immunity grounds, because WMATA‘s allegedly negligent inaction plainly involves its discretionary (non-proprietary) functions. That is, Doe does not allege that any statute, regulation, or policy regulates the agency‘s reaction to a potential crime on a subway train. See Whiteru, 258 F. Supp. 3d at 185. Thus, it is
B. Doe‘s Tort Claims About The Design Of WMATA‘s Subway Cars Pertain To The Agency‘s Discretionary Governmental Functions
The remainder of Doe‘s complaint alleges that WMATA “knew or should have known that the darkened partitions on its trains behind which John Prentice Hicks assaulted Plaintiff allowed for potential assailants . . . to shield their [criminal] behavior from view” (id. ¶ 15), and yet WMATA did not “replace or remove the darkened and secluded partitioned areas of its trains” and thereby failed to maintain its trains in safe conditions (id. ¶ 18). In support of its motion to dismiss, WMATA argues that the agency “enjoys governmental function immunity for the design of its train cars, which includes the installation of glass panels at the end of the cars.” (Def.‘s Reply at 8 (citing Simpson v. W.M.A.T.A., 688 F. Supp. 765, 767 (D.D.C. 1988))). There is clear and unequivocal case law from the D.C. Court of Appeals on this very subject; therefore, this Court easily concludes that WMATA is immune from any liability under tort law for its decision not to remove or modify the tinted glass panels that partition certain seats at the end of its train cars.
The D.C. Court of Appeals has long held “that the design and planning of a transportation system are governmental activities because they involve quasi-legislative policy decisions which are discretionary in nature and should not be second-guessed by a jury.” McKethean v. W.M.A.T.A., 588 A.2d 708, 714 (D.C. 1991). Accordingly, courts in the District of Columbia have found that a variety of design decisions by WMATA are part of the agency‘s discretionary, governmental functions. See, e.g., Abdulwali v. W.M.A.T.A., 315 F.3d 302, 304 (D.C. Cir. 2003) (holding that the design and placement of warning signs in subway cars was a discretionary function); Dant v. District of Columbia, 829 F.2d 69, 75 (D.C. Cir. 1987) (design of the WMATA fare collection system); Warren v. W.M.A.T.A., 880 F. Supp. 14, 19 (D.D.C. 1995) (choice of glass in bus windows); Jones v. W.M.A.T.A., 742 F. Supp. 24, 25 (D.D.C. 1990) (design of subway station escalators); Simpson, 688 F. Supp. at 767 (distance of the gap between the platform and the train); Nathan v. W.M.A.T.A., 653 F. Supp. 247, 248 (D.D.C. 1986) (design of stairwells in a subway station). The claim that Doe makes here—i.e., that WMATA should not have designed train cars that have a tinted partition area accessible to the public in the back of them (see Compl. ¶¶ 15, 18)—is no different. Thus, however meritorious Doe‘s contention about the design of the train cars might be, this Court must conclude that WMATA has sovereign immunity with respect to Doe‘s design-defect-type tort claims and, as a result, the agency cannot be held liable for its decision to install tinted glass panels on some of its cars.
C. Sovereign Immunity Bars Doe‘s Punitive Damages Count
Finally, it is clear to the Court that the punitive damages count in Doe‘s complaint is also subject to dismissal on
This is because “Section 80 of the Compact is silent on the matter of punitive damages,” Teart v. W.M.A.T.A., 686 F. Supp. 12, 13 (D.D.C. 1988), and in the absence of an express waiver of sovereign immunity, any action for such damages is barred, see, e.g., Lucero-Nelson v. W.M.A.T.A., 1 F. Supp. 2d 1, 11 (D.D.C. 1998) (finding the plaintiff‘s “fail[ure] to cite any statute that expressly awards punitive damages against WMATA . . . fatal to [her] position“); Wainwright v. W.M.A.T.A., 958 F. Supp. 6, 10 (D.D.C. 1997) (“Thus, it seems clear, as a matter of law, logic, and public policy, that punitive damages are unavailable against WMATA, even for torts arising out of its proprietary functions.“). Doe points to no express waiver for punitive damages in the WMATA Compact and, to this Court‘s knowledge, none exists. Consequently, Doe‘s punitive damages claim is presumptively subject to dismissal on sovereign immunity grounds.
Doe‘s attempt to invoke the so-called “extraordinary circumstances” exception to this sovereign-immunity analysis is unpersuasive. (See Pl.‘s Opp‘n at 14.) The one D.C. Court of Appeals case that has recognized an “extraordinary circumstances” exception did so in dicta, see Smith v. District of Columbia, 336 A.2d 831, 832 (D.C. 1975) (per curiam), and ever since then, the Court of Appeals has cited Smith only for the categorical proposition that “punitive damages may not be awarded against the District of Columbia,” Finkelstein v. District of Columbia, 593 A.2d 591, 599 (D.C. 1991).
To be sure, some D.C. judges have entertained the idea of this purported exception. See, e.g., Lucero-Nelson, 1 F. Supp. 2d at 11; Teart, 686 F. Supp. at 13. But these cases provide no “guidance as to the nature, frequency, duration, intensity[,] or other characteristics of the requisite ‘extraordinary circumstances’ necessary to trigger the exception. Wainwright, 903 F. Supp. at 137. And it is telling that Doe has not cited to any case—state or federal—in which a court has found that the “exceptional circumstances” exception actually applies. Consequently, in this Court‘s view, there is no indication in the case law that Smith‘s “exceptional circumstances” language represents a viable path to the imposition of punitive damages on an entity that otherwise enjoys sovereign immunity.
IV. CONCLUSION
For the foregoing reasons, the Court concludes that Doe cannot seek tort damages from WMATA for its alleged failure to protect her from Hicks‘s horrible criminal attack. Nor can WMATA be held liable for its train-design decisions, and there is no express waiver of sovereign immunity that would permit Doe‘s punitive damages claim to proceed. Therefore, as set forth in the accompanying Order, WMATA‘s motion to dismiss will be GRANTED, and Doe‘s complaint will be DISMISSED in its entirety.
DATE: March 24, 2020
Ketanji Brown Jackson
KETANJI BROWN JACKSON
United States District Judge