Goolsby v. Dist. of Columbia
Goolsby v. Dist. of Columbia
Opinion of the Court
It is a sad reality of American life that a white citizen of Washington, D.C. would feel a need to report an African American teenager and his friends to the police for simply congregating in a public establishment. It is also lamentable (but thankfully not tragic in this instance) that the young man, having committed no crime, would feel the urge to run when the police arrived to investigate. Both actions are born of fear on either side of the country's racial divide. But while those fears may animate this case, they do not decide it.
This case instead turns on a miscommunication between the 911 dispatchers who took the citizen's complaint and the patrol officers to whom it was relayed. That the officers received erroneous information about the nature of the complaint immunizes their use of force to detain the young man. And if the miscommunication was simply negligent, which seems likely, then the dispatchers, too, would be immune from suit. The present record, however, does not allow for a definitive determination of the dispatchers' mental state. The Court will therefore await further briefing after limited discovery before reaching that issue.
I. Factual Background
Before the Court are motions to dismiss, and on one issue an alternative motion for summary judgment, filed by the individual police officers and dispatchers who are named as defendants in this case. The District of Columbia joins both sets of motions. Because the defendants have predominantly moved for dismissal, the Court draws the following factual background from Plaintiff Jason Goolsby's Amended Complaint. See, e.g., Browning v. Clinton,
On October 12, 2015, Goolsby and two other young African-American men walked into the vestibule of a Citibank in the Capitol Hill neighborhood of Washington, D.C. to use an ATM. Am. Compl. ¶¶ 12, 14. A Caucasian family of three-a mother, father, and baby in a stroller-approached.
*587Id. ¶¶ 15-16. Goolsby held the door open for the family to enter. Id. ¶ 17. He then overheard the mother say she had left something in the car, and the family left the bank without using the ATM. Id. ¶ 18.
After leaving, the woman called 911. Id. ¶ 20. She reported to the dispatcher that she felt uneasy about Goolsby and the other two young men standing in the vestibule. Id. ¶¶ 20, 23, 51. The dispatcher then "relayed false and/or misleading information" to several District police officers, informing them that they were responding to "an imminent or already attempted robbery." Id. ¶¶ 26-27, 29-34.
When the responding officers arrived, they observed Goolsby and his friends walking down the street near the bank. Id. ¶¶ 37-38. They then "converged on the teenagers as if they were apprehending a dangerous felon." Id. ¶ 40. One of the officers drove his SUV directly toward Goolsby "at a very high rate of speed" before exiting the car and yelling at Goolsby to get down on the ground or he would pepper spray him. Id. ¶¶ 41-42. Goolsby instead fled. Id. ¶ 42. Following a "short pursuit," the officers caught Goolsby and "violently slamm[ed] [him] to the ground," "twist[ed] [his] arm to a gut-wrenching degree while [he] screamed in pain," and handcuffed him. Id. ¶¶ 44-45, 47.
While Goolsby was handcuffed, the officers contacted the woman who had placed the 911 call. Id. ¶ 48. The woman informed the officers that there had been no robbery, but that she had been alarmed by the young men's presence and thought the police should investigate. Id. ¶¶ 50-51. After speaking to the woman, the officers informed Goolsby that he had been detained because of the 911 call and released him. Id. ¶¶ 53-54. Goolsby alleges that he suffered unspecified "severe injuries to his face, left arm, neck, back, and thighs" at the hands of the officers. Id. ¶ 57.
Goolsby subsequently brought suit against the District of Columbia as well as the individual officers and dispatchers involved in the incident. He alleged violations of his constitutional rights under the Fourth, Fifth, and Fourteenth Amendments pursuant to
Goolsby's original complaint was served on the District alone, since he did not know the identities of the individual officers and dispatchers. The District subsequently moved to dismiss or, alternatively, for summary judgment on the D.C. law claims; because the individual defendants had not yet been served, the District's motion did not address any of the section 1983 constitutional claims. On June 8, 2017, the Court held a hearing on the motion to dismiss. It then denied the motion without prejudice, directing the District to identify the individual defendants so as to allow Goolsby to effectuate service. See Minute Order (June 9, 2017). The Court deferred resolution of the D.C. common law claims pending the individual defendants' responses. See
Goolsby has now filed an amended complaint and effectuated service on the individual defendants. The individual defendants and the District have again moved to dismiss the case, filing two separate motions: one by the police officer defendants (the "Officers") and one by the dispatcher defendants (the "Dispatchers"), with the District joining both motions as to the respective respondeat superior claims *588against it. The Dispatchers have also moved for summary judgment on Goolsby's Fourth Amendment claim. The Court held a further hearing on May 22, 2018. It will now grant both motions in part, deny both motions in part, and again reserve ruling on Goolsby's D.C. law claims.
II. Legal Standard
A. Motion to Dismiss
The District and all individual defendants have primarily moved to dismiss Goolsby's complaint under Federal Rule of Civil Procedure 12(b)(6). To withstand such a motion, "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal,
B. Motion for Summary Judgment
The Dispatchers have additionally moved for summary judgement on Goolsby's section 1983 Fourth Amendment claims against them. A party will be granted summary judgment if it can show that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. See Fed. R. Civ. P 56(a). A factual dispute is "material" if the resolution "might affect the outcome of the suit under the governing law" and "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc.,
C. Qualified Immunity
The individual defendants have also moved to dismiss the constitutional claims against them on the ground that their actions are protected by qualified immunity. Public officials will have immunity from suit under section 1983 unless their conduct violated "clearly established statutory or constitutional rights of which a reasonable person would have known." Mullenix v. Luna, --- U.S. ----,
To violate a clearly established right, "existing law must have placed the constitutionality of the officer's conduct 'beyond debate.' " Wesby,
In determining whether qualified immunity will protect the officials in any particular case, the Court applies a two-part test: (1) whether the officials "violated a federal statutory or constitutional right" and (2) whether "the unlawfulness of their conduct was 'clearly established at the time.' " Wesby, 138 S.Ct. at 589 (citation omitted). The Court has the discretion to determine which of the two prongs to proceed on first. Ashcroft v. al-Kidd,
III. Analysis
The Court's opinion will focus on the constitutional claims raised against the individual defendants. Both sets of individual defendants have argued that their actions are protected by qualified immunity. As to the Officers, the Court agrees in full and will dismiss the section 1983 claims against them. But as to the Dispatchers, the Court concludes that a genuine issue of material fact precludes summary judgment on the Fourth Amendment claims and that Goolsby has pled an alternative Fifth Amendment theory. The Court will thus deny the Dispatchers' motion without prejudice so as to allow limited discovery on their mental state. It will again reserve on Goolsby's D.C. law claims until it has resolved the remaining constitutional claims against the Dispatchers following limited discovery.
A. Goolsby's Fourteenth Amendment Claims
The Officers and Dispatchers first move to dismiss Goolsby's Fourteenth Amendment claims under section 1983. Goolsby does not contest that the Fourteenth Amendment is inapplicable to the District because it is not a state. See, e.g., Bolling v. Sharpe,
B. Goolsby's Fifth Amendment Claims
Next, the Officers and Dispatchers move to dismiss Goolsby's Fifth Amendment claims under section 1983. They argue that the Fourth Amendment is the proper constitutional framework to apply here and Goolsby's Fifth Amendment claims should thus be dismissed. Mem. P. & A. Supp. Defs. Albright, Chagnon, McCreary, Brown, Wershable & the District's Mot. Dismiss ("Officers' MTD") at 7-8; Mem. P. & A. Supp. Defs. Banks, Collins & the District's Mot. Dismiss ("Dispatchers' MTD") at 8-9. In response, Goolsby argues that he has pled a Fifth Amendment claim as an alternative theory "in the event that it is determined that no seizure occurred under the facts of this case." Pl.'s Mem. P. & A. Opp'n Officers' MTD ("Pl.'s Opp'n Officers' MTD") at 28; see also Pl.'s *590Mem. P. & A. Opp'n Dispatchers' MTD ("Pl.'s Opp'n Dispatchers' MTD") at 36.
With respect to section 1983 claims asserted under the Due Process Clause in the Fifth (or Fourteenth) Amendment, the Supreme Court has recognized that if "a particular Amendment provides an explicit textual source of constitutional protection against a particular sort of government behavior, that Amendment, not the more generalized notion of substantive due process, must be the guide for analyzing these claims." County of Sacramento v. Lewis,
As to the Officers, Goolsby's primary contention is that the latter situation applies and he has plead an alternative Fifth Amendment claim in case no seizure is found to have occurred. But the facts as alleged here undeniably describe a seizure: Goolsby claims that he was chased by police officers responding to a (misreported) attempted robbery, thrown to the ground, and handcuffed. Am. Compl. ¶¶ 29-34, 44-45, 47; see, e.g., California v. Hodari D.,
As to the Dispatchers, however, the Court will deny the motion to dismiss because the first of the two exceptions applies. Goolsby alleges that the Dispatchers "relayed false and/or misleading information" to the Officers. Am. Compl. ¶¶ 26-27. At this juncture, it is unclear whether the Dispatchers acted with a law enforcement motivation or for alternative reasons-as the Court will discuss more below in the Fourth Amendment section, questions remain as to the Dispatchers' precise intent. Thus, Goolsby has stated a plausible (albeit unlikely) alternative Fifth Amendment theory, namely that the Dispatchers acted for non-law enforcement motives. The Court will thus decline to dismiss the Fifth Amendment claims against the Dispatchers at this juncture.
C. Goolsby's Fourth Amendment Claims
Finally, the Officers and Dispatchers have moved to dismiss Goolsby's Fourth Amendment claims on the basis of qualified *591immunity. The Court will first address the Officers' arguments with respect to Goolsby's false arrest and excessive force claims. It will then turn to the Dispatchers' arguments on both claims.
1. Officers' Motion to Dismiss
Goolsby raises a false arrest and an excessive force claim against the Officers, both of which they argue should be dismissed due to qualified immunity.
a. False Arrest
The Officers are entitled to qualified immunity on Goolsby's false arrest claim unless (1) their actions violated a constitutional right that (2) was clearly established at the time of their actions. See, e.g., Wesby,
First, some relevant constitutional principles. The Fourth Amendment ensures the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The Supreme Court has recognized two different kinds of seizures: arrests and more temporary detentions for investigative purposes known as " Terry stops" after Terry v. Ohio,
Goolsby contends that his seizure was an arrest that required probable cause, while the Officers argue it was simply a Terry stop supported by reasonable suspicion. But the Court need not resolve this dispute. Goolsby alleges the following facts: the officers believed they were responding to a 911 call of an attempted robbery or other crime in progress, Am. Compl. ¶¶ 29-34; approached Goolsby and ordered him to get on the ground, id. ¶¶ 40, 42; in response to which Goolsby fled, id. ¶ 42; the officers pursued him, slammed him to the ground, and handcuffed him, id. ¶¶ 44-45, 47; and then kept him handcuffed while they investigated before releasing him after talking to the 911 caller, id. ¶¶ 48-49, 54. Based on this series of events, any constitutional violation committed by the Officers was not clearly established.
As an initial matter, Goolsby has not "identified a single precedent-much less a controlling case or robust consensus of cases-finding a Fourth Amendment violation *592'under similar circumstances.' " Wesby,
If anything, existing case law at the time of the incident would have suggested to a reasonable officer that the actions taken were permissible. Starting with Goolsby's seizure, a reasonable officer could have believed that she had reasonable suspicion to make an investigative Terry stop. For one, the officers believed that they were responding to a 911 call reporting an attempted robbery. Am. Compl. ¶¶ 29-34. The Supreme Court has held that a 911 call, even an anonymous one, can furnish reasonable suspicion to detain someone for investigative purposes. Navarette v. California,
Next, when the officers asked Goolsby-who matched the description given by the 911 caller-to stop, he fled. Am. Compl. ¶ 42. The Supreme Court has also recognized that fleeing from the police can further support reasonable suspicion for an investigative stop. Illinois v. Wardlow,
*593Finally, a reasonable officer, having observed Goolsby flee, could have believed that he could place Goolsby in handcuffs during the detention without turning the Terry stop into a full-blown arrest requiring probable cause. The D.C. Circuit has repeatedly recognized that "[a] Terry stop does not turn into a full arrest merely because the officers use handcuffs and force the suspect to lie down to prevent flight, so long as the police conduct is reasonable." United States v. Jones,
b. Excessive Force
Goolsby also raises excessive force claims, which the Officers again argue should be dismissed because their actions are accorded qualified immunity. The Court will once more exercise its discretion to begin with the second prong of the qualified immunity test: whether any constitutional violation here was clearly established.
Again, some background Fourth Amendment principles. As the Supreme Court has recognized, "the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it." Graham v. Connor,
As with the false arrest claims, Goolsby points to no specific cases with similar facts to rebut the Officers' assertion of qualified immunity. Rather, his primary argument is that "a reasonable officer would have known that applying any force would be excessive because there was not even a reasonable suspicion to justify an investigatory stop." Pl.'s Opp'n Officers' MTD at 27. But as noted, Goolsby has pled that the Officers reasonably believed they were responding to an attempted robbery. As a result, they could have reasonably believed they could temporarily detain Goolsby. And even if that conclusion were erroneous, the simple fact that a detention was impermissible does not automatically make the use of force to effectuate that detention excessive. See, e.g., Velazquez v. City of Long Beach,
As to the level of force itself, the Court takes as true the facts as pled by Goolsby. According to his complaint, the officers "violently slamm[ed] [him] to the ground and twist[ed] [his] arm to a gut-wrenching degree while [he] screamed in pain." Am. Compl. ¶ 45. Though not spelled out expressly, *594the facts as pled suggest that any arm-twisting was intended to effectuate Goolsby's handcuffing, since Goolsby later pleads he was in handcuffs. See id. ¶ 47 (noting that Goolsby "found himself shackled in handcuffs"). While this issue presents a somewhat closer question than in the false arrest claims, the Court ultimately concludes that qualified immunity is appropriate here, too.
For one, Goolsby nowhere points to a case with similar facts holding the officers used excessive force. This disregards the Supreme Court's counsel that in the context of excessive force claims, "police officers are entitled to qualified immunity unless existing precedent 'squarely governs' the specific facts at issue ." Kisela,
The case law instead suggests that the Officers' use of force was constitutionally reasonable. The D.C. Circuit has, in prior cases, sanctioned police officers "slamm[ing] to the ground, handcuff[ing], and forcibly ke[eping] on the ground" an individual who had been reported for loitering or using drugs and whose non-compliance and belligerence "suggested he might try to resist or escape," Cromartie v. District of Columbia,
Admittedly, in finding that no excessive force had been used in these cases, the D.C. Circuit partially relied on the fact that no serious injury resulted from the encounter. See Oberwetter,
This factual distinction, however, is still not enough to render any constitutional violation here clearly established. See Jackson v. District of Columbia,
To conclude, the Officers' conduct alleged here falls within a gray area between clearly-sanctioned uses of force from cases such as Wasserman, Oberwetter, and Scott and clearly-excessive uses of force from cases such as Johnson. As such, and given the similarity of these facts to those in Wasserman and Scott, a reasonable officer could have concluded the use of force alleged here was reasonable. The Court therefore must accord the Officers qualified immunity for their alleged conduct.
2. Dispatchers' Motion to Dismiss
Goolsby also asserts Fourth Amendment unreasonable seizure and excessive force claims against the Dispatchers. He contends that section 1983 encompasses liability for any government actor who "was directly responsible for the constitutional deprivation" or who "gave authorization or approval of such misconduct." Pl.'s Opp'n Dispatchers' MTD at 20. Since the Dispatchers are not alleged to have authorized the Officers' conduct or approved of it-indeed, they were not physically present during any of the events that occurred and have no supervisory or other authority over the Officers-the argument is simply that the Dispatchers' affirmative act of providing false or misleading information to the Officers set in effect a chain of events leading to Goolsby being unlawfully arrested and subjected to excessive force. Pl.'s Opp'n Dispatchers' MTD at 20-21.
The Dispatchers respond that they should be granted summary judgment because their actions are protected by qualified immunity. Dispatchers' MTD at 13-14. In their view, no cases put them on notice *596that "in providing incorrect information to police officers [they] could be held liable for the constitutional torts of the officers." Id. at 14. The Court ultimately concludes that qualified immunity is appropriate as to Goolsby's excessive force claims against the Dispatchers, but that a genuine issue of material fact precludes summary judgment as to his false arrest claims.
a. False Arrest
Beginning with the false arrest claims, the Court will again start with the second prong of the qualified immunity analysis: whether any violation by the Dispatchers was clearly established. Goolsby once more cites no relevant cases, here ones involving dispatchers held liable for false arrest under section 1983. The only relevant court of appeals decisions the Court is aware of-all of which reviewed summary judgment grants to dispatchers-held the dispatcher not liable because he acted negligently or within the scope of his discretion. For instance, a Sixth Circuit opinion held that in the absence of "deliberate indifference or recklessness" by two dispatchers, the plaintiff lacked "a basis to hold the ... dispatchers accountable for a seizure in which they did not directly participate" under section 1983. Smoak v. Hall,
That said, though neither side points to it, there is a common law tradition-albeit one that does not specifically involve dispatchers-that suggests a scenario under which a violation might be clearly established. The Supreme Court has recognized that when section 1983 was passed, "the generally accepted rule was that one who procured the issuance of an arrest warrant by submitting a complaint could be held liable if the complaint was made maliciously and without probable cause." Malley v. Briggs,
In light of this legal background, the Court concludes that a genuine issue of material fact precludes summary judgment at this juncture. The current record reveals that the dispatchers did, in fact, make incorrect factual statements to the Officers. For instance, the 911 call transcript shows that the caller stated that she *597"felt like if [she and her husband] had taken money out [they] might've gotten robbed," Dispatchers' MTD Ex. 1, at 1, but a dispatcher later told an officer that the caller "state[d] that [Goolsby and his companion] were trying to rob him" and "that these subjects were trying to rob people at the ATM," Pl.'s Opp'n Dispatchers' MTD Ex. 1, at 2:13-16.
The most natural explanation for the erroneous information passed along is simply negligence or confusion on the part of the dispatcher. But it could also be the case that the dispatcher intentionally misdirected the patrol officers for some nefarious purpose. The current record is devoid of any direct evidence speaking to the Dispatchers' mental state; there are no depositions or sworn affidavits that explain why they apparently misrepresented the citizen's complaint to the officers. While the record evidence is certainly consistent with negligence-it is not a difficult to imagine a dispatcher inadvertently turning "thought I might be robbed" to "attempting to rob," particularly in a fast-moving situation-it does not foreclose the possibility of intentional conduct. Since the dispatcher's mental state is relevant to whether a section 1983 claim has been stated or a clearly established violation occurred, the current factual record yields a genuine issue of material fact that precludes summary judgment at this juncture.
The Court appreciates its obligation to "exercise its discretion in a way that protects the substance of the qualified immunity defense" and to ensure that "officials are not subjected to unnecessary and burdensome discovery or trial proceedings." Crawford-El v. Britton,
b. Excessive Force
Goolsby also raises excessive force claims against the Dispatchers. As with the false arrest claim, Goolsby cites no case law that has ever found a dispatcher liable for a police officer's use of force. Nor is the Court aware of any. While the cases discussed above might support possible false arrest claims against the Dispatchers, they provide no indication that the Dispatchers might be liable for excessive force claims. In the absence of any case law suggesting that a dispatcher can be held liable for a police officer's use of excessive force, the Court concludes that any constitutional violation here is not clearly established. Dismissal of the excessive force claims against the Dispatchers is *598thus appropriate on the basis of qualified immunity.
D. Goolsby's D.C. Law Claims
The defendants have, again, raised arguments for the dismissal of Goolsby's D.C. law claims. Because the Court has not yet resolved the Dispatchers' qualified immunity defense-and, indeed, retains doubts as to whether the remaining claims will survive qualified immunity following limited discovery and summary judgment briefing-it will again reserve on the arguments that remain on Goolsby's D.C. law claims pending the outcome of summary judgment on qualified immunity.
* * *
For the foregoing reasons, the Court will grant in part and deny in part both motions to dismiss as detailed above. A separate Order shall accompany this Memorandum Opinion.
As the courts of appeals have recognized, Goolsby's unlawful arrest claim and excessive force claim require distinct inquiries. The fact that an officer may have lacked reasonable suspicion or probable cause to detain an individual does not necessarily mean that any force used to effectuate that detention was per se excessive. See, e.g., Velazquez v. City of Long Beach,
Goolsby does cite to a recent D.C. Circuit case finding that the plaintiff alleged a constitutional violation on arguably similar facts, Hall v. District of Columbia,
Goolsby's complaint alleges that all of the officers on the scene committed the allegedly unlawful detention and used excessive force. It does not seem plausible that all of the officers were simultaneously involved in the detention and use of force. In any case, as to those officers personally involved, the Court has concluded that they should receive qualified immunity. As to the other officers-against whom Goolsby would have only a bystander liability claim at most-the Court reaches the same conclusion. A bystander liability claim only lies if the bystander officer knows that the other officer is violating constitutional rights. See, e.g., Matthews v. District of Columbia,
The Court is cognizant that neither party discussed Malley or Kalina. As such, it invites the parties in future briefing to address what specific violations of law are clearly established given the case law and general tort law principles referenced in this Memorandum Opinion.
Which particular dispatcher and which particular officer is not clear on the transcript. See Pl.'s Opp'n Dispatchers' MTD Ex. 1.
The dismissal of the excessive force claim does not necessarily preclude Goolsby's ability to recover damages related to the use of force. As courts of appeals have recognized, damages awarded on a false arrest claim can potentially include damages related to the use of force to effectuate the arrest. See Velazquez,
Reference
- Full Case Name
- Jason GOOLSBY v. DISTRICT OF COLUMBIA
- Cited By
- 12 cases
- Status
- Published