Johnson v. Dist. of Columbia

• Decision Date: 30 September 2020
• Docket Number: Civil Action No. 17-883 (CKK)
• Citation: 490 F.Supp.3d 144
• Parties: Joseph JOHNSON, Plaintiff, v. DISTRICT OF COLUMBIA, et al., Defendants.
• Court: U.S. District Court — District of Columbia

490 F.Supp.3d 144

Joseph JOHNSON, Plaintiff,

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

Civil Action No. 17-883 (CKK)

United States District Court, District of Columbia.

Signed September 30, 2020

William Charles Cole Claiborne, III, Claibornelaw, Joseph A. Scrofano, Scrofano Law PC, Washington, DC, for Plaintiff.

Robert A. DeBerardinis, Jr., Benjamin Egan Bryant, District of Columbia Office of the Attorney General, Washington, DC, for Defendants.

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, United States District Judge

On March 8, 2016, officers of the Washington, D.C., Metropolitan Police Department ("MPD") arrested Joseph Johnson ("Plaintiff") at Gallery Place, located on the 700-block of 7th Street, N.W., Washington, D.C. MPD officers Amina Coffey, Anthony Willis, Jr., Cameron Reynolds, Owais Ahktar, and Sergeant Francis Martello were each present around the time of Plaintiff's arrest. On the basis of this arrest and its attendant circumstances, Plaintiff has asserted constitutional and common law claims against the individual officers and also against the District of Columbia under the theory of respondeat superior (collectively with the individual officers, "Defendants").

Specifically, Plaintiff has raised four constitutional claims under 42 U.S.C. § 1983 : Excessive Force (Count VI), False Arrest (Count VII), Fabrication of Evidence (Count VIII), and Retaliatory Arrest (Count IX). Plaintiff also asserts five parallel claims at common law: Assault (Counts I and II), False Arrest (Count III and IV), and Malicious Prosecution (Count V). Presently before the Court is Defendants’ [41] Motion for Summary Judgment. Upon consideration of the pleadings, the relevant legal authorities, and the record as a whole,¹ the Court GRANTS Defendants’ Motion as to Plaintiff's claims for False Arrest (Counts III, IV, and VII), Malicious Prosecution (Count V), Fabrication of Evidence (Count VIII), and Retaliatory Arrest (Count IX). The Court, however, DENIES Defendants’ Motion as to Plaintiff's claims for Assault (Counts I and II) and Excessive Force (Count VI).

I. BACKGROUND

The Court will present the background of this case in two parts. First, the Court will provide the undisputed factual background for Plaintiff's claims. This presentation will include those facts that are undisputed or unrefuted by the parties, as well as those facts clearly established by the video evidence in the record.² See Scott v. Harris , 550 U.S. 372, 381, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (directing courts to "view[ ] the facts in the light depicted by the videotape"). Then, having set forth the undisputed factual background, the Court will outline those central facts which remain in dispute at the summary judgment stage.

A. Background Supported By Undisputed Facts In The Record

On March 8, 2016, MPD Officer Anthony Willis observed a civilian named Patrick Horton Smith-Shearer "sucker punch" a pedestrian at Gallery Place, located at 707 7th Street, N.W., Washington, D.C. See Defs.’ Stmt. ¶ 2; Pl.’s Opp'n at 3. During this unprovoked assault, Mr. Horton Smith-Shearer chased down a pedestrian from behind and directed a closed-fist punch to the back of the pedestrian's head. See Defs.’ Mot., Ex. O, at (0:00:00–22). Before Mr. Horton Smith-Shearer could land a second punch, however, Officer Willis intervened, tackling Mr. Horton Smith-Shearer to the ground and placing him under arrest. See id. ; Defs.’ Stmt. ¶ 2. Officer Willis then handcuffed Mr. Horton Smith-Shearer with the assistance of his colleague, Officer Amina Coffey. See Defs.’ Mot., Ex. O, at (0:00:21–50); Defs.’ Stmt. ¶ 2. Mr. Horton Smith-Shearer's assault and subsequent arrest took place during the afternoon, while a large crowd of at least twenty bystanders was gathered outside in the Gallery Place common area, and while only two MPD officers (Officers Willis and Coffey) appeared at the initial arrest scene. See Defs.’ Mot., Ex. O, at (0:00:00–22); Defs.’ Stmt. ¶ 2. And just moments after the arrest of Mr. Horton Smith-Shearer, additional pedestrians walked directly towards the area. See Defs.’ Mot., Ex. N, at (00:55–01:05).

Officers Awais Ahktar and Cameron Reynolds subsequently joined Officers Coffey and Willis at Gallery Place after responding to a radio request for assistance. See Defs.’ Stmt. ¶ 1; Pl.’s Objection ¶ 1. By the time Officers Ahktar and Reynolds arrived, the crowd at Gallery Place had grown to a considerable size, was audibly hostile, and was encircling the arrest scene of Mr. Horton Smith-Shearer. Defs.’ Stmt. ¶¶ 3–5; see also Defs.’ Mot., Ex. O, at (0:00:21–50). Members of the crowd were vocally upset by the manner in which Officer Willis had tackled Mr. Horton Smith-Shearer and were directing clear criticism, including some vulgarities, towards the arresting officers. See Defs.’ Mot., Ex. O, at (0:00:21–55). While attempting to control this hostile crowd, Officer Willis left Mr. Horton Smith-Shearer with Officer Coffey and proceeded to arrest another bystander named Marquesse Favors. See Defs.’ Mot., Ex. M, at (16:24:00–10); see also Pl.’s Opp'n at 4; Pl.’s Objection ¶ 2. At the same time, Officers Reynolds and Ahktar were attempting to separate the surrounding crowd from the arrest scene. Defs.’ Stmt. ¶¶ 3–7. Officer Ahktar, for example, was shouting "back up" to bystanders. See Pl.’s Objection ¶ 7; Defs.’ Mot., Ex. O, at (0:01:05–25).

As Officers Reynolds and Ahktar were controlling the hostile crowd, Plaintiff walked towards the area where Officer Coffey was arresting Mr. Horton Smith-Shearer. See Defs.’ Mot., Ex. O, at (01:05–11); id. , Ex. N, at (00:57–01:01). Plaintiff's brother, Sidney Johnson, was standing only feet away from the arrest scene at the time. See id. , Ex. O, at (01:05–11); Pl.’s Opp'n at 4. Once Plaintiff had joined his brother, however, the pair started to walk away from the officers. See Defs.’ Mot., Ex. M, at (16:23:55–24:03). But only seconds thereafter, Plaintiff and his brother encountered Officer Ahktar. See id. , Ex. O, at (01:18–21). Plaintiff and his brother then confronted Officer Ahktar, positioning themselves inches away from Officer Ahktar's face. See id. In response, Officer Ahktar pushed Plaintiff and his brother away. See id. , Ex. M, at (16:24:06–10); Pl.’s Objections ¶ 8. At the same moment, the video evidence shows Officer Ahktar suddenly and involuntarily lurching backwards, though the cause of this lurch remains in dispute, as discussed below. See Defs’ Mot., Ex. M, at (16:24:05–10).

Officer Reynolds, who was standing next to Officer Ahktar, observed these events and stepped in between Officer Ahktar and Plaintiff. See id. ; Defs.’ Stmt. ¶ 9. The video evidence then shows Plaintiff moving towards Officer Reynolds in response. Defs.’ Mot., Ex. M, at (16:24:06–10). Plaintiff testified that, at this point, he came within an inch of Officer Reynolds’ face and said "fuck you." Id. , Ex. C (Johnson Dep.), at 99:1–11. Officer Reynolds then pulled Plaintiff toward him by his arm and brought him to the ground using a tactical take down maneuver. See id. , Ex. M, at (16:24:06–12); Defs.’ Stmt. ¶ 12; Pl.’s Objection ¶ 12. Once Plaintiff was on the ground, Officer Reynolds deployed multiple hand strikes to Plaintiff's head, though Plaintiff's conduct during this altercation remains disputed. See Defs.’ Mot., Ex. M, at (16:24:18–22); Defs.’ Stmt. ¶ 15. Officer Reynolds delivered these strikes first while Plaintiff was on his back and then also once Plaintiff was rolled onto his stomach. See Defs.’ Mot., Ex. O, at (01:30–55); id. , Ex. M, at (16:24:15–41). During the course of these hand strikes, Plaintiff was beneath Officer Reynolds and his hands were not in handcuffs. See id. , Ex. O, at (01:30–55); id. , Ex. M, at (16:24: 15–41). In his deposition, Officer Reynolds explained that he preferred these head strikes because "people are more compliant when you punch them in the face." Id. , Ex. B (Reynolds Dep.), at 108:8–16.

After Officer Reynolds deployed his hand strikes, he was able to place Plaintiff in handcuffs. See Defs.’ Stmt. ¶¶ 18–20. An FBI Agent, named Sean MacDougall was proximate to Officer Reynolds at the time of Plaintiff's arrest. See id. ¶ 18. Then, after handcuffing Plaintiff, Officer Reynolds escorted Plaintiff to a nearby police vehicle and positioned him with his back and hands against the police car. See id. ¶ 21; Defs.’ Mot., Ex. N, at (03:25–50). A disputed altercation—discussed below—ensued in the seconds thereafter, during which time Plaintiff said to Officer Reynolds: "fuck you" and "fuck all y'all." Pl.’s Opp'n, Ex. 1 (Johnson Dep.), at 74:2–17. In response, Officer Reynolds turned Plaintiff around to face the car and pressed Plaintiff's upper body against the hood of the police vehicle for several seconds. See Defs.’ Stmt. ¶ 23; Defs.’ Mot., Ex. N, at (03:39–46). Officer Reynolds then stepped away from Plaintiff and left him in the custody of additional officers who had arrived on the scene. See Defs.’ Mot., Ex. N, at (03:40–50). It is undisputed that during this entire transaction Officers Coffey, Willis, and Sergeant Martello had no contact with Plaintiff at all. See Defs.’ Stmt. ¶¶ 24–26; Pl.’s Objections ¶¶ 24–26.

Later that day, Officer Ahktar completed a police report documenting the circumstances of Plaintiff's arrest. See Am. Compl. ¶ 89; Pl.’s Opp'n, Ex. 2 (Ahktar Dep.), at 124–125. This report noted, in part, that Plaintiff was arrested for a misdemeanor offense of an Assault On A Police Officer. See Pl.’s Opp'n, Ex. 14 (Arrest Report), at 3. Officer Ahktar submitted this arrest report to the United States Attorney's Office on March 8, 2016, and later attended a "papering conference" with a federal prosecutor to discuss the facts surrounding Plaintiff's arrest. See id. , Ex. 2 (Ahktar Dep.), at 125–127. On March 9, 2016, the United States Attorney's Office filed a single charge against Plaintiff in the Superior Court of the District of Columbia for a misdemeanor violation of assaulting a police...