Maniaci v. Georgetown University
| Decision Date | 10 September 2007 |
| Docket Number | Civil Action No. 06-1625 (CKK). |
| Citation | 510 F.Supp.2d 50 |
| Parties | William MANIACI, Plaintiff, v. GEORGETOWN UNIVERSITY, et al., Defendants. |
| Court | U.S. District Court — District of Columbia |
Thomas Fortune Fay, Washington, DC, for Plaintiff.
John Joseph Buckley, Jr., Colleen Flynn Shanahan, Malachi Brown Jones, Jr., Williams & Connolly, LLP, Washington, DC, for Defendants.
On September 20, 2006, Plaintiff, William Maniaci, filed suit against Georgetown University, various Georgetown officials, and a Georgetown University Public Safety Officer for damages related to injuries he sustained upon being removed from the Palestinian Solidarity Conference held at Georgetown on February 18, 2006. Presently before the Court are Plaintiffs [18] Motion for Leave to File Amended Complaint and [17] Defendants' Motion for Partial Judgment on the Pleadings. After considering the aforementioned motions and the filings related thereto, as well as the relevant statutes and case law, the Court shall GRANT Plaintiffs [18] Motion for Leave to File Amended Complaint, DISMISS WITH PREJUDICE George W. Taylor and Eric Smulson from the instant action, and GRANT IN PART and DENY IN PART [17] Defendants' Motion for Partial Judgment on the Pleadings. The Court shall GRANT Defendants' Motion for Partial Judgment on the Pleadings with respect to Count II as it pertains to Defendants Olson, Morrell, and Harrison. Furthermore, the Court shall permit Plaintiff to amend Count III (and only Count III) of the Amended Complaint to clarify the basis for Plaintiffs claims with respect to both Georgetown University and Defendants Olson, Morrell, and Harrison by September 21, 2007, with an opportunity for Defendants to file an appropriate response with respect thereto by October 5, 2007. If Plaintiff does not amend Count III of his Amended Complaint to more clearly set forth the basis for both Defendant Georgetown University's and the Administrator Defendants' liability, the Court shall dismiss Count III with respect to both Georgetown University and the Administrator Defendants. At present, the Court shall DENY Defendants' Motion in all other `respects.
On February 18, 2006, Plaintiff, a 64-year old man wearing a business suit and walking with a cane, attended the Palestinian Solidarity Conference held at Georgetown University. Am. Compl. ¶ 2. Georgetown University is a non-profit corporation organized under the laws of the District of Columbia. Id. ¶ 8. Plaintiff paid a fee to register as a participant in the Conference. Id. ¶ 2. He was given a document entitled "Speech and Expression at Georgetown University," stating a ban on "unlawful activity, actions that endanger or imminently threaten others, or activities that disrupt or obstruct the functions of the University." Id.
Plaintiff attended a program in Gaston Hall on the topic of "divestment by Georgetown University of investments connected in some manner with Israel." Id. At the end of the panelists' presentations, the panel took questions from the audience. Id, ¶ 3. Plaintiff asked the panel the following question: "If you approve or disapprove of the use of suicide bombers who murder innocent Israeli citizens as a means to accomplish your goals?" Id. Plaintiff asked the question approximately three times (without hearing what he considered to be a responsive answer). Id. Defendant Todd Olson, Vice President for Student Affairs of Georgetown University (hereinafter, "Defendant Olson"), "indicated that he wanted Georgetown University Police ... to remove the Plaintiff." Id.
Georgetown University Public Safety Officers Roy Eddy (hereinafter, "Defendant Eddy") and Larry Salley (hereinafter, "Defendant Salley") approached Plaintiff and allegedly "violently jerked [Plaintiff] from his seat...." Id. ¶ 4. Plaintiff allegedly "felt a blow to his right side," was "thrown onto the aisle floor and dragged down the aisle," and consequently hit his head and limbs. Id. During this period, bystanders allegedly requested that Defendant David F. Morrell, Vice President for Camptis Safety (hereinafter, "Defendant Morrell") intervene; Defendant Morrell allegedly "refused." Id. "An University official approached [Plaintiff] and told him to leave and walked with him out to the main entrance." Id. ¶ 5.
Plaintiff, accompanied by two other individuals, then approached the Georgetown University Inter-Cultural Center. Id. ¶ 6. Plaintiff was then "surrounded by six campus police officers and was pushed against a glass window." Id. Though Plaintiff asked if he was being arrested and was told "no;" Plaintiff alleges that he was "blocked" and "was told not to go anywhere." Id. Plaintiff allegedly told the officers that he was not feeling well and needed to use the restroom (in part due to a medical condition). Id. "An officer stepped towards [Plaintiff], forcing him to back up and making it impossible to move past the officer." Id. Defendant Morrell then informed Plaintiff that he was being "barred from the conference." After Plaintiff repeatedly asked to use the restroom, he was permitted to do so by an officer who kept the door to the restroom open while Plaintiff relieved himself. Id. Plaintiff was then approached by an officer of the District of Columbia Metropolitan Police Department, who had been called by Georgetown University to escort Plaintiff off of the campus. Id.
The following day, Plaintiff "blacked out" and was brought to Walter Reed Army Medical Center. Id. ¶ 7. Plaintiff was informed that he had "suffered a concussion, sprain of the right ankle, contusions to the right abdomen, right upper arm, right wrist, and abrasions to the legs." Id.
On September 20, 2006, Plaintiff filed a four-count Complaint against Defendants. Defendants filed an Answer on October 12, 2006. On November 21, 2006, the Court held an Initial Scheduling Conference, at which time a deadline of March 1, 2007 was set for the filing of any motion to amend the pleadings. However, on January 15, 2007, Defendants filed [17] Defendants' Motion for Partial Judgment on the Pleadings ( ), pursuant to Federal Rule of Civil Procedure 12(c), which is now fully briefed. On January 25, 2007, Plaintiff filed a[18] Motion for Leave to File Amended Complaint pursuant to Federal Rule of Civil Procedure 15, with the Amended Complaint attached thereto. Plaintiff's Amended Complaint, which is referenced in the background section of this Memorandum Opinion, identifies (and thus adds) Defendants Eddy and Salley as the Georgetown Public Safety Officers who removed Plaintiff from the conference; Plaintiff states that the original Complaint identified "George W. Taylor as one of the Officers ... in error." Pl.'s Mot, to Amend at 1. Furthermore, the original Complaint had identified a Defendant Eric Smulson; however, "[b]ased upon the deposition testimony, Plaintiff has concluded that [] Defendant Eric Smulson's connection to the occurrence was solely in a public relations function and that he exercised no supervisory power over the Public Safety Officers." Id. Plaintiff therefore requested that the Court allow the Amended Complaint to be filed, Mr. Taylor and Mr. Smulson be "dismissed without prejudice" as defendants, and that the briefing schedule with respect to Defendants' Rule 12(c) Motion be modified. Id. at 2. Defendants consented to Plaintiff's request to amend the complaint, but contested (1) the dismissal without prejudice (as opposed to with prejudice) of Mr. Taylor and Mr. Smulson and (2) any modification of the briefing schedule. The Court notes that Plaintiff adhered to the original briefing schedule such that Defendants' second concern is moot. With respect to whether Mr. Taylor and Mr. Smulson should be dismissed from this action with or without prejudice, the Court notes that Plaintiff never filed any Reply indicating why Mr. Taylor and Mr. Smulson should be dismissed without prejudice in light of Plaintiff's own admissions that said individuals were included in error in the original Complaint. Accordingly, the Court shall GRANT with Defendants' written consent Plaintiff's [18] Motion for Leave to File Amended Complaint and DISMISS WITH PREJUDICE George W. Taylor and Eric Smulson from the instant action.
In Count I of Plaintiff's Amended Complaint, Plaintiff alleges the torts of assault and battery under the common law of the District of Columbia against Defendant Georgetown University, Defendant Morrell, Defendant Olson, Defendant Eddy, Defendant Salley, and Defendant Darryl K. Harrison, Georgetown University Director of the Department of Public Safety (hereinafter, "Defendant Harrison"), who was allegedly also present during the incident. Am. Compl. ¶ 11. Plaintiff alleges that Defendants Morrell, Olson, and Harrison (collectively, the "Administrator Defendants") ordered Plaintiff's removal, had authority over Defendants Eddy and Salley (collectively, the "Safety Officer Defendants"), and failed to prevent harm to Plaintiff. Id. ¶¶ 9, 11, 12, 13. Furthermore, the Safety Officer Defendants "placed Plaintiff in apprehension of commission of a battery" and struck and inflicted injuries upon Plaintiff. Id. ¶ 11. Count I further states that "[a]s a direct and proximate consequence of the reckless and excessive conduct of the Defendant's employees and/or agents, including Officers Roy Eddy and Larry Salley, which was ratified and is implied by law to the Defendants, Georgetown University, David F. Morrell, Darryl Harrison, and Todd Olson, the Plaintiff suffered physical injuries ... which have been accompanied by great pain and suffering, humiliation and embarrassment... ." Id. ¶ 13. In Count II, Plaintiff alleges that the Safety Officer Defendants restrained Plaintiff against his will and without probable cause, committing...
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