Case Information
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Plaintiff Jamal B. Robinson ("plaintiff" or "Robinson") is a former Metropolitan Police Department ("MPD") officer in the District of Columbia. He filed this lawsuit against two other members of the MPD—Detective Scott Pinto and Officer Maurice Clifford¹—and the District of Columbia (collectively, "defendants"), alleging that on November 6, 2013, while Robinson was off duty, Detective Pinto and Officer Clifford detained him without legal justification and employed excessive force against him in violation of Robinson's constitutional rights and District of Columbia laws against false arrest and assault and battery. The District of Columbia is liable, according to Robinson, for negligently training
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and supervising Pinto and Clifford. Defendants have moved for summary judgment on all pending claims. Defs.' Mot. Summ. J. ("Defs.' Mot.") [Dkt. # 23].
Upon consideration of the briefing, the record, [2] and the relevant law, the Court GRANTS defendants' motion for summary judgment for the reasons stated below.
BACKGROUND
On November 6, 2013, at about 6:20 pm, Robinson was seated on a low retaining wall outside of a vacant house in Southeast Washington, D.C. Defs.' Stmt. Mat. Facts ("Defs.' SOMF") 99, 13 [Dkt. # 23-2]; Pl.'s Stmt. Rеlevant Facts 93 [Dkt. # 24]. Because he was employed as a police officer at the time, Robinson was carrying MPD credentials in his back pocket and wearing a police badge on the front of his right hip under an open jacket. Id. 991, 18, 63; Defs.' Mot. Ex. 1 at 80:1-6, 81:1-7 [Dkt. # 23-4]. But Robinson was off duty and dressed in civilian clothing, so passersby would not have recognized him as an MPD officer unless they happened to catch a glimpse of his badge. Defs.' SOMF 918.
Pinto and Clifford, also MPD officers, were on duty that dаy, patrolling Southeast Washington and conducting gun interdiction operations with fellow MPD Officer Ryan Roe. Defs.' SOMF 99, 11. On their patrol, Pinto and Clifford observed Robinson seated on the wall and talking to an individual-who turned out to be Robinson's brother-in an improperly parked car with heavily tinted windows. Id. 9913-17. The vacant house behind Robinson had a no trespassing sign posted on the door. Id. 913; Defs.' Mot. Ex. 1 at 50:7-
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- Pinto and Clifford both had over a decade of experience as MPD officers and, based on that experience, believed that abandoned houses are sometimes used to store weapons and drugs. Defs.' SOMF 4 2, 4, 20. They stopped their vehicle to investigate. Id. 4 23-27.
After exiting the vehicle, Pinto, Clifford, and Roe approached Robinson and asked him to stand up and submit to a search. Defs.' Mot. Ex. 1 at 66:4-6. Robinson declined, so the other officers asked whether he was carrying any weapons. Id. at 66:7-13. Although off duty, Robinson was carrying his gun, and he truthfully responded that he was armed. Id. at 66:14-17. Imрortantly, Robinson told Pinto, Clifford, and Roe that he had a gun before he told them that he was a member of the MPD. Id. at 201:12-202:3.
Upon hearing that Robinson was carrying a gun, the other officers tackled him to the ground and placed him in handcuffs. Defs.' SOMF 45; Defs.' Mot. Ex. 1 at 66:18-67:10. During the handcuffing, a police officer lay on top of Robinson, an officer briefly placed a knee on Robinson's neck, and an officer applied an arm bar to one of Robinson's arms. Defs.' SOMF 42; Defs.' Mot. Ex. 1 at 75:6-18. Robinson conсedes, however, that the entire process was "pretty fast." Defs.' Mot. Ex. 1 at 78:2-6. The officers were able to apply the handcuffs "immediately," and in Robinson's opinion, no officer contacted his body for longer than necessary. Id. at 78:2-6, 79:2-6, 227:18-228:3. The entire handcuffing process took "under a minute." Id. at 78:2-6.
After he was handcuffed, Robinson repeatedly told Pinto, Clifford, and Roe that he was an MPD officer. Defs.' Mot. Ex. 1 at 78:7-9. The on-duty officers searched Robinson,
*4 removed his weapon, found the MPD credentials in his back pocket, and sat him up. Defs.' SOMF 54, 63; Defs.' Mot. Ex. 1 at 79:22-80:6. Clifford then called their supervisors. Defs.' SOMF 61.
Robinson recalls that the supervising officers took over an hour to arrive at the scene and that he remained in handcuffs for the entire wait. Defs.' SOMF 65-66. After they arrived, the supervisors released Robinson without charges. Id. 68. Robinson's brother was arrested for operating a vehicle with a suspended license and was issued tickets for parking illegally and for a window tint violаtion. Id. 75-76.
Immediately following the incident, Pinto, Clifford, and Roe provided statements to MPD Internal Affairs, prompting an investigation into both their conduct and Robinson's conduct. Defs.' SOMF 77, 79. Internal Affairs subsequently issued a report concluding that Robinson engaged in misconduct by failing to inform Pinto, Clifford, and Roe that he was an MPD officer before announcing that he was carrying a weapon. Id. 80. In a separate report, Internal Affairs determined that the on-duty officers' use of force during the incident was justified. Id. 81.
After MPD's internal investigation concluded, Robinson filed this lawsuit in the Superior Court of the District of Columbia. Notice of Removal 1 [Dkt. # 1]. Defendants timely removed the case to this Court, see id., and on February 12, 2015, Robinson filed an Amended Complaint [Dkt. # 8], which remains the operative pleading.
Robinson's amended complaint alleges three causes of action under District of Columbia tort law and two causes of action under 42 U.S.C. § 1983. On June 17, 2015, I
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dismissed Count V of the amended complaint as conceded, leaving claims for false arrest, assault and battery, and negligent training and supervision under District of Columbia law, and a claim under 42 U.S.C. § 1983 alleging violations of Robinson's Fourth Amendment rights. Defendants have moved for summary judgment on all four remaining claims, and their motion is ripe.
LEGAL STANDARD
Federal Rule of Civil Procedure 56(a) provides that summary judgment is proper when the pleadings, stipulations, affidavits, and admissions in a case show that there is no genuine issue as to any material fact. Fed. R. Civ. P. 56(а); Celotex Corp. v. Catrett,
Pointing to "a scintilla of evidence" or "mere allegations or denials" is not sufficient to avoid summary judgment. Anderson,
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ANALYSIS
Because no reasonable jury could return a verdict in Robinson's favor on any of the four claims pending in this case, defendants' motion for summary judgment must be granted.
I. False Arrest
In Count I of the amended complaint, Robinson alleges that, on November 6, 2013, Pinto and Clifford falsely arrested him in violation of District of Columbia law. "The court's inquiry in a false arrest claim centers on whether the [defendant police] officer was justified in arresting the plaintiff." Cotton v. District of Columbia,
An investigatory stop is justified at its outset "so long as [the police officers conducting the stop] have 'reasonable, articulable suspicion' of criminal conduct." United States v. Goddard,
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cautious police officer on the scene, guided by his experience and training," United States
.
Bailey,
Pintо and Clifford had the requisite reasonable and articulable suspicion of criminal conduct when they stopped Robinson on November 6, 2013. The District of Columbia criminalizes the entry or attempted entry of public or private property when done without lawful authority, against the express will of the lawful occupant or owner, and with general intent to enter the property. See Bolger v. District of Columbia,
*8 and the property's apparent disuse lowered the likelihood that Robinson was that lawful owner or occupant. Taken togethеr, Pinto and Clifford's observations provided an objective and articulable basis for suspecting that Robinson had unlawfully entered the curtilage of another's property. The observations thus supply all the justification needed to lawfully stop Robinson and inquire about this suspicion.
Robinson argues that the beginning of the investigatory stop is not the end of the story. Even if justified at its outset, an investigatory stop may not be "extend[ed] . . . beyond a reasonable duration." United States v. Vinton,
But police officers conducting an investigatory stop are permitted to react to changing circumstances. See United States v. Sharpe,
Pinto and Clifford faced just such a situation here. When they decided to extend the investigatory stoр until their supervisors arrived, the circumstances were evolving, and
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unlawful entry was no longer the only pertinent concern. Pinto and Clifford were, by then, confronted with an individual who had neither cooperated, nor immediately identified himself as a police officer, but who had in his possession a weapon and MPD credentials. They also had to account for Robinson's brother, who was suspected of and later arrested for his own criminal activity, leaving the three оfficers on duty responsible for two suspects and a recovered firearm at a scene likely to precipitate both a criminal investigation and an internal MPD investigation. Given the multiple potential offenses, suspects, and investigations at issue, Pinto and Clifford's decision to wait for their supervisors was a "diligent[] . . . means of investigation" likely to resolve all issues in an efficient manner. Sharpe,
Both the justifiсation for and the duration of the seizure at issue in this case were thus reasonable. As a result, Robinson's false arrest cannot proceed, and defendants are entitled to summary judgment on Count I.
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II. Assault and Battery
Robinson's second count alleges that Pinto and Clifford assaulted and battered him in violation of District of Columbia law. As with Count I, undisputed facts preclude Robinson's success on this claim.
A police officer in the District of Columbia "has a qualified privilege to use reasonable force to effect an arrest, provided that the means employed are not in excess of those which the actor reasonably believes to be necessary." Etheredge v. District of Columbia,
No fact in the summary judgment record permits the conclusion that Pinto and Clifford used unreasonable force against Robinson. Police officers with "reasonable
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suspicion to [make an investigatory] stop" and a "reasonable . . . fear that [the person being stopped] ha[s] a weapon" may "take the necessary steps to ensure that he c[an]not use it"—including "tackling" the suspect and "plac[ing] him in handcuffs." United States v. Dykes,
III. Negligent Training and Supervision
Robinson next alleges that the District of Columbia negligently trained and supervised Pinto and Clifford. This claim, Count III of the amended complaint, cannot succeed because Robinson has not identified record evidence from which a jury could find that the District of Columbia was negligent. "The plaintiff in a negligence action bears the burden of proof on three issues: the applicable standard of care; a deviation from that standard; and a causal connection between
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such deviatiоn and the injury." Edwards v. Okie Dokie, Inc.,
Robinson's negligence claim, which raises questions about how police officers should be trained to react to suspects carrying firearms, implicates exactly this sort of standard. See White,
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would be "left . . . with unanswerable questions concerning the . . . content and frequency of an adequate training and retraining program." Id. at 165 .
Robinson has neither named an expert, nor otherwise explainеd how he intends to prove the standard of care that applies to his negligence claim at trial. "When expert testimony is necessary to establish the standard of care, a . . failure to name an expert constitutes grounds for dismissal," and so Robinson's does here. Edwards,
IV. Violations of the Fourth Amendment
In Count IV of the amended complaint, Robinson alleges, through 42 U.S.C. § 1983, that Pinto and Clifford unlawfully seized him and used excessive force against him in violation of the Fourth Amendment of the United States Constitution. As discussed, the standard that governs a Fourth Amendment unreasonable seizure claim does not materially differ from the standard that governs a false arrest claim under District of Columbia law. See Scott,
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officer under District of Columbia law. See Rogala v. District of Columbia,
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CONCLUSION
Pinto and Clifford's seizure of Robinson and use of force against Robinson were reasonable, and Robinson has not identified evidence sufficient to prove his negligence claim. For those reasons, the Court GRANTS defendants' motion for summary judgment. An Order consistent with this decision accompanies this Memorandum Opinion.
NOTES
Notes
MPD Officer Ryan Roe—adopting the spelling used by MPD Internal Affairs—is also identified as a party to this suit in paragraph seven of Robinson's Amended Complaint [Dkt. # 8]. Officer Roe, however, was not timely served with the original complaint and was сonsequently dismissed without prejudice from this case when it was pending before the Superior Court of the District of Columbia. D.C. Super. Ct. Record at 7-9 [Dkt. # 3-1]. Since removal, Robinson has not requested dissolution or modification of the Superior Court's order, filed additional affidavits of service of his original or amended complaint, or otherwise provided reason to think dissolution or modification of the order dismissing Officer Roe is warranted. Accordingly, the Superior Court's order remains operative, see 28 U.S.C. § 1450, and Officer Roe is not a party to this case.
On July 16, 2018, Robinson filed a Consent Motion to Amend Plaintiff's Opposition to Motion for Summary Judgment Exhibit List [Dkt. # 27], seeking to add an MPD Internal Affairs report to the summary judgment record. There being no opposition, Robinson's motion to amend is GRANTED. The document attached to the
Robinson argues that Pinto and Clifford cannot have reasonably suspected unlawful entry because MPD concluded in its internal investigation that Robinson did not violate any laws and that sidewalks and steps are public property. This argument misunderstands both the controlling legal question and Pinto and Clifford's factual justification for stopping Robinson. To determine whether a seizure is lawful, "the court should ask whether the [police officers] acted reasonably under settled law in the circumstances, not whether another reasonable, or more reasonable, interpretation of the events can be constructed . . . after the fact." Hunter v. Bryant,
Robinson's brief in opposition to defendants' motion for summary judgment is silent as to Count III of the amended complaint and mentions negligence only in passing. See Pl.'s Mem. Opp. to Def.'s Mot. for Summ. J. at 14-15 [Dkt. # 24] (discussing negligence in the context of an excessive force claim without reference to training or supervision). In addition to failing on its merits, therefоre, Count III is conceded. See Hopkins v. Women's Div., Gen. Bd. of Global Ministries,
5 The parties' summary judgment briefing also includes arguments about Robinson's claim for punitive damages, but I need not address them. "It is a well-established principle that punitivе damages is not an independent cause of action. Rather, a plaintiff must set forth an independent claim . . . for which punitive damages may be an appropriate remedy." Rimkus v. Islamic Republic of Iran,
