Olaniyi v. Dist. of D.C.

• Decision Date: 04 February 2011
• Docket Number: Civil Action Nos. 05–455 (RBW), 06–2165(RBW).
• Citation: 763 F.Supp.2d 70
• Parties: David Olabayo OLANIYI, Plaintiff,v.DISTRICT OF COLUMBIA, et. al., Defendants.
• Court: U.S. District Court — District of Columbia

763 F.Supp.2d 70

David Olabayo OLANIYI, Plaintiff,

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

Civil Action Nos. 05–455 (RBW), 06–2165(RBW).

United States District Court, District of Columbia.

Feb. 4, 2011.

David Olabayo Olaniyi, Batavia, IA, pro se.David Finley Williams, Jennafer B. Watson, Keith Richard Wesolowski, Cadwalader, Wickersham & Taft, Washington, DC, for Plaintiff.Esther Yong, Office of the Attorney General for the District of Columbia, Beverly Maria Russell, U.S. Attorney's Office for D.C., Washington, DC, for Defendants.

Memorandum Opinion

REGGIE B. WALTON, District Judge.

The plaintiff, David Olabayo Olaniyi, alleges that he was subjected to constitutional and common-law violations arising from his arrest in the United States Capitol Building in March of 2003, and from a separate incident involving a vehicle stop in the District of Columbia in January of 2004. See generally Second Amended Complaint (“Am. Compl.”); Complaint (“United States Compl.”).¹ There are several motions currently pending before the Court, including a motion to dismiss filed by the United States, a motion to dismiss or in the alternative for summary judgment filed by the District of Columbia, and a motion to dismiss or in the alternative for summary judgment filed by the thirty-seven individual federal defendants (the “federal defendants”). The plaintiff has filed oppositions to all of these motions. Upon careful consideration of the parties' written submissions,² the applicable legal authority, and the record in this case, for the reasons set forth below the Court will grant in part and deny in part the United States' motion to dismiss, deny the District of Columbia's motion for summary judgment without prejudice pending further discovery, and grant summary judgment to the individual federal defendants.

I. INTRODUCTION ³

A. Factual Background

The facts that give rise to this case were set forth fully in the Court's prior opinion in this case. See Olaniyi v. District of Columbia, 416 F.Supp.2d 43, 46–48 (D.D.C.2006). The Court largely repeats those facts here, updating the internal citations to incorporate the Second Amended Complaint (“Am. Compl.”), and providing more detail with respect to the search of the plaintiff's van.

The plaintiff, a native of Nigeria, describes himself as “an artist, philosopher, scholar, performer, and director.” Am. Compl. ¶ 3. According to the plaintiff, on March 6, 2003, he and his current wife, Reena Patel Olaniyi, then residents of Michigan, visited the United States Capitol Building to tour and conduct research for the plaintiff's stage play. Id. ¶¶ 3, 65–66. The plaintiff contends that the play “would illustrate to audiences across the United States the way in which objects in one's physical space tend to shade one's views of different experiences.” Id. ¶ 3.

In preparation for his visit, the plaintiff constructed and wore a costume consisting of “various materials from the [District of Columbia] environment, including newspapers, shampoo bottles, [and] empty honey jars ... wrapped in duct tape which was formed into a harness shape over [the plaintiff's] chest.” Id. ¶ 66.⁴ The plaintiff also carried “a small, hand-carved mask sculpture,” which he had “for entertainment purposes.” Id. ¶¶ 67, 70. He acknowledges that the events took place “[i]n the wake of the September 11, 2001 terrorist attacks, an atmosphere of heightened anxiety and concerns over safety and security ... in the United States,” which he contends “created a society filled with overzealousness and suspicion,” id. ¶ 65, and states that he wore the costume “in an effort to study people's interactions with him [and] spread a message of tolerance and understanding during times of war,” id. ¶ 66.

Clad in his costume, the plaintiff passed through several security checkpoints, including checkpoints equipped with a magnetometer, x-ray machine, and explosive detectors, before gaining entry into the Capitol Building. See id. ¶ 68. When asked about his costume, the plaintiff “explained to the guards that he was an artist doing research for an upcoming performance.” Id. Also, once inside the Capitol Building, the plaintiff “performed for tourists by dancing and singing,” and he took photos with them. Id. ¶ 69. The plaintiff also described his stage play “David/Dafidi,” and his artistic philosophy as “Life is a Performance.” Id.

The plaintiff alleges that while he was in the Crypt area of the Capitol Building, he was approached by Officer Preston Nutwell of the Capitol Police. Id. ¶ 70. Officer Nutwell asked what the plaintiff was holding, and the plaintiff identified the object as a hand-carved mask sculpture. Id. After instructing the plaintiff to drop the object, Officer Nutwell allegedly “grabbed the piece and shattered it on the ground.” Id. The plaintiff was then handcuffed. Id. ¶ 71.⁵

After the plaintiff was handcuffed, “[t]hirty to forty more” officers, including members of the Capitol Police Hazardous Device Unit, the Federal Bureau of Investigation's (“FBI”) Joint Terrorism Task Force, and Detective Joseph DePalma, arrived in the Crypt area of the Capitol Building. Id. When asked if there were wires or explosives in his costume, the plaintiff responded in the negative, stating that he was wearing the costume for artistic purposes. Id. The plaintiff's costume was then cut from his body and x-rayed. Id. It was determined that the plaintiff was unarmed, and preliminary testing conducted on the costume was negative for explosives, chemical agents, and radiation.⁶ Id.; see Fed. Defs.' Mem., Exhibit (“Ex.”) 2 (Declaration (“Decl.”) of Robert Meikrantz) at 11–12. The plaintiff remained in custody in the Capitol Building for almost ninety minutes before being arrested. Am. Compl. ¶ 72. He contends that he was then taken to the Capitol Hill Police Processing Center and interrogated without being provided access to an attorney. Id.

In a post-arrest search of the plaintiff's person, the officers discovered a set of car keys, which the plaintiff explained were for the use of his vehicle, a black 2002 GMC Savanna van. Id. ¶ 73. The police subsequently located the van in the 300 block of 3rd Street, NE, approximately four blocks from the Capitol Building. Id.; Olaniyi, 416 F.Supp.2d at 47. According to the federal defendants, because the plaintiff's costume resembled a vest associated with suicide bombers, there was concern that there may be explosives inside the van or that the plaintiff may have been engaging in a “Dry Run” to test security or observe response procedures and capabilities at the Capitol Building. See Fed. Defs.' Mem., Ex. 2 (Decl. of Daniel Malloy) at 9–10; id., Ex. 2 (Decl. of Gillman G. Udell) (“Udell Decl.”) at 14–15. Neighbors and restaurant employees had reportedly told the officers that the van had expired out-of-state license plates, had been parked in the same location for several days, and that several individuals appeared to be living inside the vehicle. Id., Ex. 2 (Decl. of John King) (“King Decl.”) at 6–8; id., Ex. 2 (Decl. of Daniel Malloy) at 9–10.⁷

A canine search of the van's exterior did not reveal any traces of explosives, Am. Compl. ¶ 73, but while conducting the search the Capitol Police canine officers observed large containers in the rear of the van covered by blankets and clothing, Fed. Defs.' Mem., Ex. 2 (King Decl.) at 7; id., Ex. 2 (Decl. of John Dineen) at 4–5.⁸ Around this same time, Gillman Udell, a Commander of the Hazardous Incident Response Division of the Capitol Police, id., Ex. 2 (Udell Decl.) at 14, ordered that the entire block where the van was parked be cleared of vehicular and pedestrian traffic, and neighbors were told to go to the backside of their homes and seek cover until someone knocked on their doors. Id., Ex. 2 (King. Decl.) at 7; id., Ex. 2 (Decl. of Donald Bracci) (“Bracci Decl.”) at 1–3. Captain Udell also gave clearance to bomb technicians John King and Donald Bracci to perform a diagnostic inspection of the van's exterior and interior to determine if the vehicle contained explosives or other hazardous materials. See id., Ex. 2 (Bracci Decl.) at 2; id., Ex. 2 (King Decl.) at 7.

During their inspection of the van's exterior, agents King and Bracci confirmed that several large containers were present in the back of the van and also noticed three large unmarked glass jars containing an unknown liquid located between the van's front seats. Id., Ex. 2 (Bracci Decl.) at 2; id., Ex. 2 (King Decl.) at 7. The bottom portions of the glass jars, however, could not be seen by agents King and Bracci from their vantage points. Id., Ex. 2 (King. Decl.) at 7. After donning protective equipment to safeguard themselves from exposure to any hazardous chemicals, agents King and Bracci entered the van. Id., Ex. 2 (Bracci Decl.) at 2. The containers were examined as if they contained potential explosive, chemical, or incendiary hazards, and agents King and Bracci handled the items in the van with proper care. Id., Ex. 2 (Bracci Decl.) at 3; id., Ex. 2 (King Decl.) at 8. They determined that the containers had no wires attached to them, and that the liquid inside the containers was urine. Fed. Defs.' Mem., Ex. 4 (Decl. of Kevin D. Finnerty) (“Finnerty Decl.”) at 1–4 ¶ 5. The containers were then packed in HAZMAT-approved containers and left inside the van. See id., Ex. 2 (Bracci Decl.) at 3.

After the search of the van, FBI Special Agents Doug Edmonson and Kevin Finnerty discussed the incident with members of the Capitol Police. See Fed. Defs.' Mem., Ex. 3 (Decl. of Douglas R. Edmonson) (“Edmonson Decl.”) at 7–9 ¶ 3; id., Ex. 4 (Finnerty Decl.) ¶ 6. These officials were concerned that the plaintiff “might have been intentionally probing security at the Capitol [Building] in advance of an actual attack, or may have been [an] unwitting ‘pats[y]’ being used by terrorists to probe security at the Capitol,” and that the van would contain evidence in this regard. Id., Ex. 4 ...