Cutchin v. Dist. of Columbia
Cutchin v. Dist. of Columbia
Opinion of the Court
Demanne Cutchin ("the plaintiff" or "Cutchin") brings this action against Metropolitan Transit Police Department ("MTPD") officers Christian Muñoz ("Muñoz") and Francisco Santiago ("Santiago") in their individual capacities. Amended Complaint ("Am. Compl.") ¶¶ 6-8.
I. BACKGROUND
A. The Defendants' Asserted Facts
Santiago and Muñoz were partners, Memorandum of Points and Authorities in Support of Plaintiff['s] Opposition to Defendants' Motion for Summary Judgment ("Pl.'s Opp'n"), Exhibit ("Ex.") 1 (Trial Transcript) at 47:3-9,
Muñoz was seated in the front of the bus near the entrance door approximately three feet from the fare machine. Id. , Ex. 1 at 48:15-22. The bus driver had disembarked to take a break. Id. , Ex. 1 at 48:5-8. During such breaks, Muñoz testified that occasionally "customers who would take advantage of the situation kind of jump on the bus without paying" the fare. Id. , Ex. 1 at 47:23-25. If a passenger paid his fare using a SmarTrip card, the machine beeps, id. , Ex. 1 at 48:22-49:4, and if the payment has not "gone through," id. , Ex. 1 at 49:2-3, the machine makes "a real loud annoying noise" instead, id. , Ex. 1. at 49:5-6. A passenger who transfers from one bus to another may use a SmarTrip card, and he would have "about two hours to get onto another bus without ... having to pay another [fare]." Id. , Ex. 1 at 49:9-14.
From his seat at the front of the bus, Muñoz observed two or three passengers board the bus and pay their fares. Id. , Ex. 1 at 50:4-22. Muñoz then observed Cutchin board the bus, id. at 50:23-25, with a female companion, id. at 51:6-9, and "kind of look[ ] to his left and to the right," id. at *11451:1-2. Muñoz took this as "an indication" that Cutchin was "looking for the bus driver to see if [he was] being looked at," id. , Ex. 1 at 51:3-4. Muñoz testified that Cutchin "just walked to the rear of the bus." Id. , Ex. 1 at 51:4-5. In other words, according to Muñoz, he observed Cutchin board the bus without paying his fare. Statement of Material Facts Not In Dispute ("Defs.' Facts") ¶ 8; see Pl.'s Opp'n, Ex. 1 at 50:2-51:18. "At that time[,] [Muñoz] notified [his] partner who was outside to let him know [they had] one individual who didn't pay for the bus and [they] were going to take him off the bus." Pl.'s Opp'n, Ex. 1 at 15-18.
The bus driver returned about five minutes after Muñoz observed Cutchin board the bus. Id. , Ex. 1 at 52:9-12. Muñoz asked the driver to open the rear door of the bus, he then walked to the rear of the bus to approach Cutchin, identified himself as an MTPD officer, and displayed his badge. Id. , Ex. 1 at 52:22-53:3.
Muñoz and Cutchin got off the bus and they "walked ... to the bus bay where people usually sit at to wait for the bus." Id. , Ex. 1 at 53:12-13; see id. , Ex. 1 at 104:24-105:16. Muñoz then informed Cutchin that the officers stopped him because he had not paid his fare. Id. , Ex. 1 at 53:17-18; see Defs.' Facts ¶ 9. Cutchin told the officers that he had paid his fare with a SmarTrip card and produced a card. Pl.'s Opp'n, Ex. 1 at 53:19-24. Santiago remained at the bus bay with Cutchin while Muñoz boarded the bus, id. , Ex. 1 at 53:25, and "rescanned the card to see if it had been processed[,]" id. , Ex. 1 at 54:1; Defs.' Facts ¶ 10. "[I]t showed it had not been processed." Pl.'s Opp'n, Ex. 1 at 54:2.
Under such circumstances, MTPD officers ordinarily ask the individual for identification for the purpose of issuing a citation, "a ticket for not paying the fare," id. , Ex. 1 at 55:20, which was done here, id. , Ex. 1 at 55:14-20. When Cutchin did not produce any form of identification, Muñoz asked for his name, address, date of birth and other information. Id. , Ex. 1 at 55:21-24, 56:21-25. Muñoz had the impression that Cutchin "wasn't being forthcoming," id. , Ex. 1 at 56:25, and the officers decided to arrest him, id. , Ex. 1 at 57:5-6. When Muñoz directed Cutchin to turn around, id. , Ex. 1 at 57:5-6, Cutchin complied. Cutchin then "put his hands behind his back[,] and [Muñoz] placed the handcuffs on him and ... sat him down on the bench" at the bus bay. Id. , Ex. 1 at 57:24-58:1. Meanwhile, Cutchin's companion had gotten off the bus and was speaking with Santiago. Id. , Ex. 1 at 55:4-56:17, 58:2-5.
As Muñoz was "pulling out [a contact] card, "which is a little paper card to collect a person's information if [the person does not] have a hard ID," id. , Ex. 1 at 58:12-14, Cutchin "just got up and just ran," id. , Ex. 1 at 58:20-21, with his hands still cuffed behind his back, id. , Ex. 1 at 59:1; Defs.' Facts ¶ 14. Cutchin ran "as fast as he could" with the impediment of having his hands handcuffed behind his back. Pl.'s Opp'n, Ex. 1 at 101:22-23; Defs.' Facts ¶ 16. Muñoz shouted to Santiago, "He's running." Pl.'s Opp'n, Ex. 1 at 59:15-16. Cutchin managed to run "about a bus length," id. , Ex. 1 at 59:3, before Santiago grabbed Cutchin's jacket, id. , Ex. 1 at 59:17-18; see id. , Ex. 1 at 101:21-25; Defs.' Facts ¶ 15. Santiago "grabbed onto [Cutchin], at which time he fell on [Cutchin]," Pl.'s Opp'n, Ex. 1 at 101:8-9, and "[a]ll he could do [was to grab Cutchin] in a tackle position and hold him on the ground" until Muñoz reached them, id. , Ex. 1 at 101:7-11; see Defs.' Facts ¶¶ 16-17. Muñoz was about two feet away when Cutchin and Santiago hit the ground. Pl.'s Opp'n, Ex. 1 at 60:1. When Muñoz reached them, because Cutchin was "still struggling on the ground," id. , Ex. 1 at 60:8, Santiago attempted *115to restrain Cutchin's legs, id. , Ex. 1 at 60:14-15, while Muñoz attempted to "make it towards [Cutchin's] upper torso," id. , Ex. 1 at 60:7.
Cutchin continued to struggle and resist. Id. , Ex. 1 at 60:8, 102:1-7; Defs.' Facts ¶ 17. While he remained "facing down on the sidewalk," Pl.'s Opp'n, Ex. 1 at 60:25, the officers "notice[d] that he [kept] trying to bring his arms around to the front," id. , Ex. 1at 61:3-4. In the officers' experience, Cutchin's efforts "to bring his arms forward" indicated that he was "trying to reach for something." Id. , Ex. 1 at 61:12-14. Cutchin "just kept fighting" the officers, id. , Ex. 1 at 62:13-14, as Muñoz "was trying to see what he was reaching for, so [Muñoz] flip[ped Cutchin] up," id. , Ex. 1 at 62:17-18. Muñoz then observed "the handle of [a] gun coming out of [Cutchin's] waistband," id. , Ex. 1 at 62:16-17; see id. , Ex. 1 at 102:4-103:6, which prompted him to "yell 'Gun, gun, gun, gun,' " and uniformed officers responded, id. , Ex. 1 at 62:24-25. Muñoz "grab[bed] the pistol grip on the weapon," id. , Ex. 1 at 63:1-2, and realized that the drawstring of Cutchin's pants was "tied around the trigger guard," id. , Ex. 1 at 63:4-5; see id. , Ex. 1 at 92:14-25. Muñoz freed the weapon and handed it to another officer. Id. , Ex. 1 at 103:17-18. "[T]his struggle ... on the ground," id. , Ex. 1 at 120:4, lasted only "[a] matter of seconds[,]" id. , Ex. 1 at 120:4.
Santiago testified that he remained outside of the bus near its rear door while Muñoz approached Cutchin. Id. , Ex. 1 at 127:15-21. After Cutchin had been handcuffed, Santiago observed Cutchin's female companion get off of the bus, and Santiago spoke with her while standing about five feet away from Muñoz and Cutchin. Id. , Ex. 1 at 128:7-17. While speaking with the companion, Santiago saw Cutchin "attempt[ ] to flee" by running "towards the back of the bus." Id. , Ex. 1 at 129:24-25, see id. , Ex. 1 at 129:7-10. Santiago "chased him," id. , Ex. 1 at 129:12, and he yelled, "Police. Stop," id. , Ex. 1 at 129:23, yet Cutchin kept running, id. , Ex. 1 at 129:24-25; see Defs.' Facts ¶¶ 16-17. When Santiago neared Cutchin, he "yanked" Cutchin by his jacket from behind, at which time both men fell to the ground. Pl.'s Opp'n, Ex. 1 at 129:15-17; see Defs.' Facts ¶ 17. Santiago hit the ground "elbow first," Pl.'s Opp'n, Ex. 1 at 130:22, with Cutchin "slightly ... on top of [him]," id. , Ex. 1 at 130:21-22, and Muñoz then "was able to get ahold of [Cutchin who] continued to resist," id. , Ex. 1 at 130:23-24. According to Santiago, Cutchin "kept shaking," "was always moving trying to flee" and "never stood still." Id. , Ex. 1 at 136:22-23. He estimated that "maybe ... five seconds" elapsed between the time Muñoz "yelled 'Gun' " and the time Muñoz "was able to pull [ ] the gun from ... the front of [Cutchin's] waistband." Id. , Ex. 1 at 131: 1-3. The gun was "a 40 caliber semi automatic handgun," id. , Ex. 1 at 131:18, manufactured by Taurus, id. , Ex. 1 at 131:21. The handgun was loaded and later found to be operable. See id. , Ex. 1 at 65:6-66:11, 70:16-71:3.
Because Cutchin remained handcuffed, his "head and body hit the ground when he fell." Defs.' Facts ¶ 22. "Santiago dropped his weight into [Cutchin's] lower back as he squeezed the handcuffs tight around [Cutchin's] wrists and raised [Cutchin's] arms toward his head." Id. ¶ 23. After the incident, Cutchin "was taken to United Medical Center." Id. ¶ 24.
Thaddeus Ferguson, a uniformed MTPD officer, Pl.'s Opp'n, Ex. 1 at 113:7-19, testified that he was on patrol on January 29, 2013, at approximately 5:40 p.m. at the Anacostia Metro Station entrance across from the bus bay, id. , Ex. 1. at 113:7-22, 114:1-5. While standing approximately six feet away, id. , Ex. 1 at 114:10-14, he observed *116Santiago and Muñoz chasing Cutchin, id. , Ex. 1 at 114:8-9, who "was running from the bus stand towards the street," id. , Ex. 1 at 115:6-7. Officer Ferguson searched Cutchin after the handgun had been retrieved and found in Cutchin's pocket a plastic bag containing ammunition.
Cutchin ultimately was found guilty by a jury in the Superior Court of the District of Columbia of carrying a pistol outside of his home or business, unlawful possession of a firearm, possession of an unregistered firearm, and unlawful possession of ammunition; the Superior Court imposed a 48-month prison term. See Defs.' Facts ¶ 25; Memorandum of Points and Authorities in Support of Defendants Santiago's and Muñoz's Motion for Summary Judgment ("Defs.' Mem."), Ex. 2 (Sentence of the Court, United States v. Cutchin , No. 2013 CF2 001496 (D.C. Super. Ct. Mar. 14, 2014) ) (exhibit number designated by the Court). Cutchin appealed, and among other arguments, contended that the officers lacked probable cause to stop him. See Am. Compl., Ex. 1 (Excerpt from Reply Brief of the Appellant, Cutchin v. United States , Nos. 13-CO-1318, 14-CO-25 and 14-CF-296 (D.C. Ct. of App. Nov. 7, 2014) ) at 12, 14. However, the District of Columbia Court of Appeals affirmed the convictions. See Cutchin v. United States ,
B. The Plaintiff's Asserted Facts
On January 29, 2013, at approximately 3:40 p.m., Cutchin and a female friend boarded a W4 bus on Division Avenue, N.E. Am. Compl. ¶ 9.
Both Santiago and Muñoz escorted Cutchin off the bus. Am. Compl. ¶ 11; Pl.'s Facts ¶ 3. "Once off the bus," the officers "said in a mysterious way that [Cutchin] did not pay [his] fare[.]" Am. Compl. ¶ 12. They then "place[d Cutchin] in handcuffs[ and] said [he] was under arrest." Id. ; Pl.'s Facts ¶ 12. While the officers searched Cutchin and his backpack, Am. Compl. ¶ 13; Pl.'s Facts ¶ 5, Cutchin "ask[ed] them to stop because [he] paid [his] fare [and stated] that yall [sic] is *117wrong," Am. Compl. ¶ 13; Pl.'s Facts ¶ 7. Cutchin either "presented" a SmarTrip card for the officers to examine, Pl.'s Facts ¶ 10, or Santiago removed a SmarTrip card from Cutchin's pocket, Am. Compl. ¶ 14, presumably to verify whether the card had been used to pay the fare when Cutchin boarded the 90 bus, see id. ; Pl.'s Facts ¶ 10. Cutchin maintained that he was transferring from one bus to another and that he "touch[ed the fare] machine with [his SmarTrip] card." Pl.'s Facts ¶ 9. Santiago presumably went to see if the SmarTrip card had been used to pay Cutchin's fare, Am. Compl. ¶ 14, but when he returned, he did not state whether Cutchin paid the fare; instead, "he kept trying to search [Cutchin] and [his] backpack," id. ¶ 15.
After Cutchin apparently identified himself by giving the officers his name, id. ¶ 16; see Pl.'s Opp'n, Ex. 2 (Police Report), he contends that he then "stepped out into the open[ ] area at the metro station (street) in front of the 90 bus stop," Am. Compl. ¶ 17; Pl.'s Facts ¶ 15 ("Plaintiff step[ped] out in the open about a bus length as oppos[ed] to running a bus length claim by defendants." (emphasis removed) ). It is then when, according to Cutchin, "Santiago had to be using all of his might because he slammed [Cutchin] very hard to the cement ground on [his] head," causing "the side of [his] face" to hit the ground "very hard." Am. Compl. ¶ 18; Pl.'s Facts ¶¶ 16-17.
Although the amended complaint does not mention the handgun and his criminal convictions related to the seizure of the a gun and ammunition from his person, Cutchin does not dispute the defendants' assertions that he has been convicted of four firearms-related offenses. Pl.'s Facts ¶ 25. He notes, however, that he was "never charged or convicted for fare evasion." Id.
II. STANDARDS OF REVIEW
A. Summary Judgment
Courts may grant summary judgment if there is "no genuine dispute as to any *118material fact and the movant is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(a). Rule 56 further provides:
A party asserting that a fact cannot be or is genuinely disputed must support the assertion by ... citing to particular parts of materials in the record, including depositions, documents ... affidavits or declarations, stipulations ..., admissions, [or] interrogatory answers[, or by] showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
Fed. R. Civ. P. 56(c)(1). "If a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact as required by Rule 56(c), the court may ... consider the fact undisputed for purposes of the motion." Fed. R. Civ. P. 56(e).
A material fact is one which "might affect the outcome of the suit under the governing law," and a dispute about a material fact is genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc. ,
The mere existence of a factual dispute does not bar summary judgment, however. See Anderson ,
B. Qualified Immunity
Where, as in this case, a plaintiff brings a claim under
In Saucier v. Katz ,
Once a defendant asserts a qualified immunity defense, the plaintiff's burden of proof is "to show that the official is not entitled to qualified immunity." Kyle v. Bedlion ,
Where, as here, the question of qualified immunity is presented on summary judgment and where the parties' versions of events differ, the Court must "view the facts and draw reasonable inferences in the light most favorable to the party opposing" the motion. Scott v. Harris ,
*120(finding that the Fifth Circuit "failed to view the evidence at summary judgment in the light most favorable to [the plaintiff]" by improperly weighing the evidence and resolving disputed issues in the moving party's favor); Pitt v. District of Columbia ,
III. DISCUSSION
A. Cutchin's False Imprisonment Claim
"There appears to be no real difference as a practical matter between false arrest and false imprisonment," Shaw v. May Dep't Stores Co. ,
The defendants move for summary judgment on Cutchin's false imprisonment claim on two grounds. First, they argue that Cutchin's false imprisonment claim amounts to an impermissible collateral attack on his criminal convictions. See Defs.' Mem. at 4-5. The Supreme Court instructs that:
in order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid a plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus.
Heck v. Humphrey ,
In the alternative, the defendants move for summary judgment on the ground that probable cause for Cutchin's arrest existed, and therefore, Santiago and Muñoz are protected by qualified immunity. See Defs.' Mem. at 3-4.
A police officer accused of false arrest "may defend on the merits by proof *121... that the arrest was made in good faith, with probable cause, under a statute he reasonably believed to be valid." Wade v. District of Columbia ,
Cutchin first responds by asserting his innocence of the offense of fare evasion. According to Cutchin, he could not have committed fare evasion because there is "no statutory provision identified" as fare evasion. Am. Compl. ¶ 27. He is mistaken. Fare evasion is unlawful in the District of Columbia pursuant to the District of Columbia Code which provides that:
No person shall either knowingly board a public or private passenger vehicle for hire, including vehicles owned and/or operated by the Washington Metropolitan Area Transit Authority, which is transporting passengers within the corporate limits of the District of Columbia; or knowingly board a rail transit car owned and/or operated by the Washington Metropolitan Area Transit Authority which is transporting passengers within the corporate limits of the District of Columbia; or knowingly enter or leave the paid area of a rail transit station owned and/or operated by the Washington Metropolitan Area Transit Authority which is located within the corporate limits of the District of Columbia without paying the established fare or presenting a valid transfer for transportation on such public passenger vehicle or rail transit car.
Cutchin also notes that he was not charged with or cited for fare evasion. Pl.'s Facts ¶ 25. It is his "understand[ing] that 'fare eva[sion]' is typically prosecuted by the government [as] a theft [offense] ... covering the receipt of services without intending to pay the required fee." Am. Compl. ¶ 27. Referencing the brief submitted on his behalf to the District of Columbia Court of Appeals, Cutchin appears to argue that he could not have committed a theft offense, which requires specific intent, because the 90 bus was stationary when he boarded, and he could not have committed "theft until the bus began operating."
Whether Cutchin ultimately was charged with or convicted of fare evasion *122is not germane to the question of the officers' had probable cause to believe that he committed a crime in their presence. The defendants' factual proffer supports their position that Muñoz observed Cutchin board the bus without paying his fare. Based on his observation, Muñoz had a reasonable basis for believing there was probable cause to arrest Cutchin for fare evasion, and he so informed Santiago. See Dant v. District of Columbia ,
Muñoz necessarily came to this belief before either officer approached Cutchin and before either officer escorted Cutchin off the bus. When Muñoz rescanned Cutchin's SmarTrip card, it showed that the card "had not been processed," Pl.'s Opp'n, Ex. 1 at 54:2, which bolstered his suspicion that Cutchin did not pay a fare when he boarded the 90 bus. Cutchin's assertion that Muñoz "never saw [him] board the metrobus without paying his fare," Pl.'s Facts ¶ 8, is not supported by the record, and his claim that he paid his fare for the 90 bus with a SmarTrip card, Am. Compl. ¶ 10, does not rebut Muñoz's own observation that Cutchin "just walked to the rear of the bus," Pl.'s Opp'n, Ex. 1 at 51:4-5, without paying his fare, see
Next, Cutchin focuses on the identity of the officer or officers who escorted him off the bus. He points to a copy of the digital video recording request Muñoz submitted to MTPD on or about January 31, 2013, see Pl.'s Opp'n, Ex. 3 (DVR Request), specifically the narrative portion which states:
A1 [Cutchin] WAS ESCORTED OFF THE BUS BY MTPD # 533 [Santiago] AND PLACED UNDER ARREST BY MTPD # 443 [Muñoz.]
R/O [Muñoz] REPORTS WHILE ON A CASUAL CLOTHES ASSIGNMENT ON 01292013 AT APROX 1740HRS AT THE 90 BUS STAND AT THE ANACOSTIA METRO STATION OBSERVING A1 BOARD THE BUS MAKING NO ATTEMPT TO PAY THE ESTABLISHED FARE
Pl.'s Opp'n, Ex. 3 (DVR Request). Thus, the DVR Request itself undermines Cutchin's position.
In any event, an officer is not obligated to "rule out" the validity of a suspect's claims of innocence prior to arresting him. See Wesby , --- U.S. ----,
Next, Cutchin urges the Court to reject Muñoz's "perjured and impeached statements" in considering the defendants' summary judgment motion. See Pl.'s Opp'n at 2. As the basis for his attack on Muñoz's credibility, Cutchin relies on the allegedly conflicting or inconsistent information Muñoz provided at various times prior to and during Cutchin's criminal trial. For example, Cutchin notes that Muñoz testified at a probable cause hearing that Cutchin did not necessarily have to pay a fare when he boarded the 90 bus, see id. at 5, while at trial Muñoz testified that Cutchin boarded the bus without paying a fare, id. , Ex. 1 at 50:23-51:17. Cutchin also identifies a purported conflict as to which officer or officers approached him on the bus and which officer or officers escorted him off the bus. See id. at 6. According to Muñoz's DVR Request, Santiago escorted Cutchin off the bus, id. , Ex. 3 (DVR Request), and at trial Muñoz testified that he escorted Cutchin off the bus, see id. , Ex. 1 at 52:24-53:13. In a third example, Cutchin notes inconsistencies as to which officer removed a handgun from his person: before a grand jury, Cutchin asserts, Muñoz testified that both he and Santiago retrieved the gun, id. at 6, at a motion hearing, Muñoz testified that uniformed officers retrieved the gun, id. , and at trial, Muñoz testified that he retrieved the gun, id. , Ex. 1 at 62:12-63:5. The discrepancies Cutchin identifies may be disputed issues of fact, but these facts are not material to the qualified immunity question, because retrieval of the gun, by whichever officer, occurred after Muñoz had developed a reasonable belief that Cutchin did not pay his bus fare and after Cutchin's arrest.
Lastly, Cutchin references other matters which allegedly occurred during or after his arrest, namely, failing to read Cutchin his Miranda warnings, see id. at 2, conducting an investigation after he was handcuffed, see id. at 10, and tampering with SmarTrip card records, see id. at 11. None of these matters is probative of the officers' perceptions leading to and ending with the decision to arrest Cutchin. Rather, *124these matters pertain to the underlying criminal case, the merits of which have been resolved by the District of Columbia Court of Appeals, and are not properly reviewed by this Court in this civil case.
The defendants have demonstrated, and Cutchin has not disputed, that Muñoz observed Cutchin board the bus, and take a seat without paying his fare. A reasonable officer in the defendants' position would not have known whether Cutchin had transferred from another bus (after having paid the fare) to the 90 bus at the Anacostia Metro Station within the two-hour period when a transfer would not require payment of an additional fare. Rather, on these facts, the Court agrees that Muñoz and Santiago have demonstrated that they reasonably believed that they had probable cause to arrest Cutchin. See Tillman v. Wash. Metro. Area Transp. Auth. ,
B. Cutchin's Excessive Force Claim
"[C]laims that law enforcement officers have used excessive force - deadly or not - in the course of an arrest, investigatory stop, or other 'seizure' of a free citizen should be analyzed under the Fourth Amendment and its 'reasonableness' standard." Graham v. Connor ,
A police officer may use a reasonable amount of force to effect an arrest. See Graham ,
The record reflects that Cutchin was cooperative when told to disembark from the bus by the officer, advised that he was under arrest, handcuffed, and seated on a bench in the bus bay. At this point, a seizure undoubtedly had occurred, see Henson v. United States ,
Cutchin's volitional movement after his detention - which the defendants could reasonably construe as an attempt to flee - changed the dynamics of the situation. Cf . Illinois v. Wardlow ,
The situation's dynamics changed yet again when Cutchin continued to struggle after being caught and after Muñoz observed the handgun in his waistband. Neither Cutchin's Amended Complaint nor his opposition to the defendants' motion for summary judgment assert facts as to what occurred between when the defendants placed him in handcuffs and when the defendants exercised force. See generally Am. Compl. ¶¶ 12-22; Pl.'s Facts ¶¶ 15-17, 19. Cutchin maintains that he hit his head after being taken to the ground, Am. Compl. ¶ 20, and was dazed,
Once again, Cutchin's own exhibits undercut the sustainability of his case. These exhibits include all the testimony Muñoz and Santiago presented at his criminal trial, as well as a police report and DVR Request, which describe Cutchin's continued struggle and attempts to reach for something from the front of his body, such as the waistband of his pants, despite being handcuffed and the defendants' attempts to restrain him. Cutchin's Exhibit 7, see Pl.'s Opp'n, Ex. 7, is also unhelpful. This exhibit appears to be a chart summarizing purported discrepancies in information provided by Muñoz in a police report, at a preliminary hearing, before a grand jury, at a motion hearing, and at trial concerning whether either Muñoz took the gun from Cutchin, or "we," presumably meaning Muñoz and at least one other officer on the scene, took the gun from Cutchin, or whether uniformed officers seized the gun. See id. , Ex. 7 (Items 1, 4-7). In any event, Cutchin does not dispute that an officer - whether Muñoz, Santiago or a uniformed MTPD officer - retrieved the handgun, and there is no dispute that Cutchin has been convicted of firearms-related offenses arising from this incident.
Within seconds, what began as the arrest of a cooperative suspect for a minor offense turned into much more: a fleeing suspect who disobeyed the officers' commands, continued to struggle even after being taken to the ground, and who was trying to move his hands to a part of his body where a handgun was observed by Muñoz. Based on these events, the officers were entitled to respond in the manner which they did. See Campbell v. District of Columbia ,
Nothing in the record suggests that the defendants or any other officer intended to cause Cutchin physical injury, and Cutchin merely alleges, but does identify anything in the record to support the proposition that, any officer gratuitously harmed him while he was handcuffed or after he was taken to the ground following his attempt to escape. He does not paint a picture of a suspect who exhibited signs of submission, only to have the officers gratuitously inflict kicks, punches, or any other means of excessive force. See, e.g. , Johnson ,
Here, the defendants are entitled to qualified immunity unless Cutchin shows the violation of a constitutional right and that the right was clearly established at the time of the alleged violation. See Saucier ,
The record before the Court supports the conclusion that Santiago and Muñoz had probable cause to arrest Cutchin, and that their use of force was reasonable under the circumstances that confronted them in this case. Moreover, even if Cutchin demonstrated that the officers' actions were unreasonable, he has failed to show that the existing law as developed when the events in this case occurred was so clear that only a "plainly incompetent" officer or an officer knowingly violating the law would have taken the actions challenged by Cutchin. See Kyle ,
C. Cutchin's Intentional Infliction of Emotional Distress Claim
Cutchin alleges that the Santiago and Muñoz acted in an extreme and outrageous manner, causing him to suffer severe emotional distress. See Am. Compl. ¶ 29. "To establish a prima facie case of intentional infliction of emotional distress ('IIED'), a plaintiff must show (1) extreme and outrageous conduct on the part of the defendant which (2) either intentionally or recklessly (3) causes the plaintiff severe emotional distress." Larijani v. Georgetown Univ. ,
Having already found that Santiago and Muñoz had probable cause to arrest Cutchin, his IIED claim fails as a matter of law. See Cromartie ,
III. CONCLUSION
For all of the reasons set forth above, the Court concludes that qualified immunity protects Santiago and Muñoz from liability on Cutchin's false imprisonment and excessive force claims, and Cutchin's IIED claim therefore fails as a matter of law. Accordingly, the defendants' motion for summary judgment is granted to both officers on all of Cutchin's claims. An Order is issued separately.
Because the District of Columbia no longer is a party, the Court summarily dismisses Cutchin's deliberate indifference claim. See Am. Compl. ¶ 30. Deliberate indifference pertains to a municipality's liability for violations of constitutional rights. See Hunter v. District of Columbia ,
The transcript was transcribed during Cutchin's criminal trial conducted in the Superior Court of the District of Columbia on November 8, 2013.
The parties rely on testimony presented at Cutchin's criminal trial on November 8, 2013, to support their respective positions. The defendants attach transcript excerpts of Muñoz's and Santiago's testimony on direct examination. See generally Memorandum of Points and Authorities in Support of Defendants Santiago's and Muñoz'[s] Motion for Summary Judgment ("Defs.' Mem."), Ex. 1 (Excerpt of November 8, 2013 transcript) (exhibit number designated by the Court). Cutchin attaches to his amended complaint an excerpt consisting principally of Muñoz's testimony on cross-examination, see Am. Compl., Ex. 3 (Excerpt of November 8, 2013 transcript), and attaches to his opposition a copy of the transcript including all the testimony of the six witnesses who testified on November 8, 2013, see generally Pl.'s Opp'n, Ex. 1 (November 8, 2013 Trial Transcript). Citations to the trial transcript in this Memorandum Opinion are references to the plaintiff's submission, which appears to be the complete transcript of the November 8, 2013 proceedings ("Pl.'s Opp'n, Ex. 1").
MTPD Mobile Patrol Officer Colin Jackson, who also was a Crime Scene Search Officer and Field Scene Search Officer,
The Amended Complaint, ECF No. 20, is a verified complaint, and serves as an "acceptable opposition to a motion under Rule 56 for summary judgment." Neal v. Kelly ,
Cutchin also alleges he was "kicked by other officers while ... on the ground." Am. Compl. ¶ 18; see Pl.'s Opp'n at 4. He does not identify which officer allegedly kicked him, indicate where or how many times he was kicked, or specify whether any particular injury is traceable to the alleged kick(s). The medical records he produced, see Pl.'s Opp'n, Exs. 4-5 (Exitcare® Patient Information), reflect a visit to the emergency room at Howard University Hospital on April 24, 2017. Cutchin fails to explain their connection to the events of January 29, 2013.
Furthermore, Cutchin's assertion as to what Muñoz observed is not admissible evidence. See Fed. R. Civ. P. 56(c)(1)(B) ; Fed. R. Evid. 602. And Cutchin cannot rely on exhibits to which he refers, see Pl.'s Facts ¶¶ 9-10, that were not made part of the record in this case.
In addition, Santiago and Muñoz note that Cutchin argued on direct appeal of his criminal convictions that Santiago and Muñoz lacked probable cause for the arrest. Defs.' Mem. at 4. However, the District of Columbia Court of Appeals affirmed his convictions. See
Interestingly, Cutchin's original complaint alleges that he "step[ped] out into the open an[d] he gave chase. Santiago caught [Cutchin]." Compl. at 6 (page number designated by ECF).
Reference
- Full Case Name
- Demanne CUTCHIN v. DISTRICT OF COLUMBIA
- Cited By
- 6 cases
- Status
- Published