McDaniel v. Fenty

Opinion

FILED

JAN 13 2009

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Clerk, u.s. District and Bankruptcy Courts

Ronnie Lee McDaniel, )

)

Plaintiff, )

)

v. )

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Civil Action No. 09 0070 Mayor Adrian Fenty, )

)

Defendant. )

MEMORANDUM OPINION

This matter is before the Court on its initial review of the complaint brought pro se and plaintiffs application to proceed in forma pauperis. Pursuant to 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint upon a determination that it, among other grounds, fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii).

Plaintiff sues District of Columbia Mayor Adrian Fenty for $10 million in damages because he allegedly "refused to mediate and solve [an] issue on his city's police departments," that resulted in the deprivation of plaintiff s constitutional rights. CompI. Plaintiff claims that Mayor Fenty made a "personal choice" not to act "after numerous contacts." Id. Although a District of Columbia official may be held personally liable for depriving an individual of "rights, privileges, or immunities secured by the Constitution and laws," 42 U.S.C. § 1983, he must have directly participated in the alleged wrongdoing. See Cameron v. Thornburgh, 983 F.2d 253, 258 (D.C. Cir.l993); Meyer v. Reno, 911 F. Supp. 11, 15 (D.D.C.l996) (citing cases); Price v. Kelly, 847 F. Supp. 163, 169 (D.D.C.l994), affd, 56 F.3d 1531 (D.C. Cir. 1995). Plaintiffs claim against Mayor Fenty in his individual capacity based apparently on the alleged wrongful acts of

D.C. police officers fails as a matter oflaw. 1 See Graham v. Davis, 880 F.2d 1414, 1421 (D.C. Cir. 1989) (citing Monell v. Dep't. a/Social Services a/the City a/New York, 436 U.S. 658,691 (1978)) (defendant cannot be held liable under section 1983 on theories of respondeat superior or vicarious liability). The complaint therefore is dismissed. A separate Order accompanies this Memorandum Opinion.

Date: December ~, 2008

1 Plaintiff has submitted a separate complaint against District of Columbia Police Chief Cathy L. Lanier, which the Court will permit to go forward.