Aubin v. District of Columbia

107 F. Supp. 3d 169, 2015 U.S. Dist. LEXIS 73015, 2015 WL 3534120
CourtDistrict Court, District of Columbia
DecidedJune 4, 2015
DocketCivil Case No. 14-02133 (RJL)
StatusPublished
Cited by3 cases

This text of 107 F. Supp. 3d 169 (Aubin v. District of Columbia) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aubin v. District of Columbia, 107 F. Supp. 3d 169, 2015 U.S. Dist. LEXIS 73015, 2015 WL 3534120 (D.D.C. 2015).

Opinion

MEMORANDUM OPINION

RICHARD J. LEÓN, United States District Judge

Plaintiff Fritz G. Aubin (“plaintiff”) brought this suit against defendants the District of Columbia and Officer David Hong (“defendants”) in D.C. Superior Court, which was removed to this Court on December, 17, 2014, asserting both common law and constitutional claims for injuries allegedly stemming from plaintiffs October 7,2013 arrest. See generally Second Am. Compl. (“SAC”) [Dkt. #1-1], Before the Court is defendant District of Columbia’s Motion to Dismiss or Alternatively Motion for Summary Judgment. [171]*171[Dkt. #5].1 Upon consideration of the pleadings, record, and relevant law, I find that the complaint fails to state a claim, and therefore defendant’s motion is GRANTED, and all claims against defendant District of Columbia are dismissed with prejudice.

BACKGROUND

Plaintiff alleges that on October 7, 2013, at approximately 9:00 a.m., he was approached by D.C. Metropolitan Police Officers at the intersection of 8th Street and Pennsylvania Avenue in the District of Columbia. SAC ¶ 8. Plaintiff was “detained, handcuffed, arrested and jailed” by defendant David Hong and charged with one count of driving under the influence and one count of operating while impaired. Id. On October 24, 2013, plaintiff was arraigned and ordered to undergo substance abuse evaluation as well as pre-trial monitoring. Id. All charges were later dismissed by the D.C. Superior Court on June 10, 2014. ■ Id.

On August 13, 2014, plaintiff filed a complaint in D.C. Superior Court, and on December 3, 2014, plaintiffs counsel amended the complaint to include allegations of constitutional violations. See Second Am. Compl. [Dkt. # 1-1]. On December 17, 2014, defendant District of Columbia removed this case to federal court. See Notice of Removal [Dkt. # 1]. In his Second Amended Complaint, plaintiff alleges seven counts including false imprisonment, false arrest, false light and invasion of privacy, defamation, negligent training and supervision, and negligent infliction of emotional distress (collectively, the “common law claims” or “D.C. Code claims”), SAC ¶¶ 9-31, as well as one count of “Violation of Constitutional Rights” under 42 U.S.C. § 1983 for violations of plaintiffs Fourth, Fifth, Sixth, Fourteenth, and Eighth Amendment rights (collectively, the “constitutional claims”), SAC 32-35.

ANALYSIS

Federal Rule of Civil Procedure 12(b)(6) provides that a district court shall dismiss a complaint for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). Although all factual allegations in a complaint are assumed to be true when deciding a Rule 12(b)(6) motion, and all reasonable inferences are drawn in a plaintiffs favor, the Court need not accept either inferences “unsupported by the facts set out in the complaint” or “legal conclusions cast in the form of factual allegations.” Kowal v. MCI Commc’ns Corp., 16 F.3d 1271, 1276 (D.C.Cir.1994). “While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiffs obligation to provide the grounds of his entitlement] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (alteration in original) (citations and internal quotation marks omitted). To survive a motion to dismiss, a complaint must contain sufficient factual matter that, if accepted as true, “state[s] a claim to relief that is plausible on its face.” Id. at 570, 127 S.Ct. 1955. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). This plausibility standard “asks for more than a sheer pos[172]*172sibility that a defendant has acted unlawfully.” Id. ■ In addition, “when the allegations in a complaint, however true, could not raise a claim of entitlement to relief, ‘this basic deficiency should ... be exposed at the point of minimum expenditure of time and money by the parties and the court.’ ” Twombly, 550 U.S. at 558, 127 S.Ct. 1955 (quoting 5 WRIGHT & MILLER § 1216 at 238 — 234) (alteration in original).

Plaintiffs constitutional claims fail because he has not alleged that any of the misconduct took place pursuant to an official policy or custom. The District of Columbia, as a municipality, can only be liable under 42 U.S.C. § 1983 for constitutional deprivations suffered by plaintiff if “there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation.” City of Canton v. Harris, 489 U.S. 378, 385, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989); see Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 692, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (section 1983 “imposes liability on a government that, under color of some official policy, ‘causes’ an employee to violate another’s constitutional rights”). A direct causal link can be shown in two ways. Either a municipal body may cause a constitutional tort through the adoption and promulgation of a formal policy, Monell, 436 U.S. at 690, 98 S.Ct. 2018, or, in the absence of a formal policy, through a “custom” that is so pervasive “as to have the force of law,” Board of the County Commissioners of Bryan County, Oklahoma v. Brown, 520 U.S. 397, 404, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997). In all events, the municipality's liability can be predicated “only [upon] acts for which the municipality itself is actually responsible.” City of St. Louis v. Praprotnik, 485 U.S. 112, 123, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988).

A municipality’s failure to train its employees can suffice as a “custom” or “policy” under 42 U.S.C. § 1983 if that failure evidences “ ‘deliberate indifference’ towards the constitutional rights of persons in its domain.” Daskalea v. District of Columbia, 227 F.3d 433, 441 (D.C.Cir.2000) (quoting City of Canton, 489 U.S. at 388-89 & n. 7, 109 S.Ct. 1197).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hailu v. Morris-Hughes
District of Columbia, 2023
Coleman v. Clark
322 F. Supp. 3d 1 (D.C. Circuit, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
107 F. Supp. 3d 169, 2015 U.S. Dist. LEXIS 73015, 2015 WL 3534120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aubin-v-district-of-columbia-dcd-2015.