Cutchin v. Dist. of Columbia, Civil Action No. 14-0206 (RBW)

• Decision Date: 27 March 2019
• Docket Number: Civil Action No. 14-0206 (RBW)
• Parties: Demanne CUTCHIN, Plaintiff, v. DISTRICT OF COLUMBIA, et al., Defendants.
• Court: U.S. District Court — District of Columbia

369 F.Supp.3d 108

Demanne CUTCHIN, Plaintiff,

v.DISTRICT OF COLUMBIA, et al., Defendants.¹

Civil Action No. 14-0206 (RBW)

United States District Court, District of Columbia.

Signed March 27, 2019

Demanne Cutchin, Pro se.

Janice Lynn Cole, Office of General Counsel, Washington, DC, for Defendants.

MEMORANDUM OPINION

REGGIE B. WALTON, United States District Judge

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.") ¶¶ 6-8.² Cutchin alleges that these defendants violated his rights protected by the Fourth Amendment to the United States Constitution when they falsely imprisoned him and used excessive force when they arrested him. Id. ¶¶ 27-28. In addition, Cutchin brings an intentional infliction of emotional distress claim against the two officers. Id. ¶ 29. He demands a declaratory judgment and compensatory and punitive damages. Id. (Prayer for Relief). This matter is before the Court on Defendants Santiago and Muñoz's Motion for Summary Judgment. For the reasons discussed below, the Court grants the motion.

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 47:3-9,³ assigned to the Metro Enforcement Division, "a casual clothes unit specifically for the buses," id. , Ex. 1 at 43:24-44:1, to work at the Anacostia Metro Station "due to high robberies and continued [fare] evasion problems" at that location, id . at 45:6-7, see also id . at 124:25-125:13.⁴ On January 29, 2013, id. , Ex. 1 at 44:17-19, at or about 5:40 p.m., id. , Ex. 1 at 47:16, they "were at the 90 bus bay" because that particular route was "having issues with [fare] evasions and ... assaults," id . at 47:18-20.

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 51:1-2. 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 to 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...