Olaniyi v. District of Columbia, Civ.A. 05-455(RBW).

Citation416 F.Supp.2d 43
Decision Date17 February 2006
Docket NumberNo. Civ.A. 05-455(RBW).,Civ.A. 05-455(RBW).
PartiesDavid Olabayo OLANIYI, Plaintiff, v. DISTRICT OF COLUMBIA, et. al., Defendants.
CourtUnited States District Courts. United States District Court (Columbia)

David Finley Williams, McKenna Long & Aldridge, Llp, Lory C. Stone, Cadwalader, Wickersham & Taft, Washington, DC, for Plaintiff.

Melvin W. Bolden, Jr., Office of the Corporation Counsel for DC Equity Division, Beverly Marie Russell, U.S. Attorney's Office, Washington, DC, for Defendants.

MEMORANDUM OPINION

WALTON, District Judge.

Plaintiff David Olabayo Olaniyi brings this action against multiple federal and District of Columbia ("D.C.") defendants for alleged constitutional and common-law violations stemming from his arrest in the United States Capitol Building ("Capitol Building" or "Capitol") on March 6, 2003.1 Currently before the Court is the Federal Defendants' Motion to Dismiss Plaintiff's Amended Complaint ("Def.'s Mot."),2 which seeks to dispose of the Bivens actions filed against Officer Preston Nutwell and Officer Joseph DePalma, who are both members of the United States Capitol Police ("USCP"), and unidentified John Doe defendants employees of the USCP and the Federal Bureau of Investigation ("FBI"). For the reasons set forth below, the Court grants in part and denies in part the federal defendants' motion to dismiss.

I. Background

The plaintiff alleges the following facts in support of his claims. On March 6, 2003, the plaintiff and his now-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."3 Amended Complaint ("Am.Compl.") ¶¶ 113, 16. In preparation for the visit, the plaintiff constructed and wore a costume consisting of "various materials from the D.C. 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. ¶ 16. The plaintiff states that he wore the costume into the Capitol Building "in an effort to study people's interactions with him [and] spread a message of tolerance and understanding during times of war." Id. The plaintiff also had with him "a small, hand-carved mask sculpture," which he carried "for entertainment purposes." Id. ¶¶ 17, 20.

Clad in his costume, the plaintiff passed through several security checkpoints before gaining entry into the Capitol Building. Id. ¶ 18. The first security checkpoint "consisted of a magnetometer, x-ray machines, explosive detectors, and security dogs." Id. At the second and third checkpoints, the plaintiff was examined by metal detectors, including a hand-held device employed by a USCP guard. Id. Finally, the plaintiff was required to present a Capitol pass, id., which he presumably had obtained earlier at one of the USCP checkpoints. At each security checkpoint, the plaintiff interacted with USCP officers and was permitted to continue further into the Capitol complex. Id. When asked about the costume he was wearing, the plaintiff "explained to the guards that he was an artist doing research for an upcoming performance and was allowed through" the checkpoints. Id. Once inside the Capitol Building, the plaintiff "performed for tourists by dancing and singing." Id. ¶ 19. The plaintiff states that some of the tourists approached him, took photos with him, and engaged him in conversation. Id. During these conversations, the plaintiff described his stage play "David/Dafidi" and his artistic philosophy "Life is a Performance." Id.

The plaintiff alleges that he was then approached by one of the defendants, Officer Preston Nutwell of the USCP, while in the Crypt area of the Capitol Building. Id. ¶ 20. 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 sculpture, Officer Nutwell allegedly "grabbed the piece and shattered it on the ground." Id. The plaintiff was then placed in handcuffs. Id. ¶ 21. According to the plaintiff, Officer Nutwell later stated in an affidavit that he heard the plaintiff say, "We[']re all children of Allah."4 Id. ¶ 20. The plaintiff represents, however, that he "was raised Catholic, is not Islamic, and never said the word `Allah.'" Id.

After the plaintiff was handcuffed, "[t]hirty to forty more" officers purportedly arrived in the Crypt, including members of the Capitol Police Hazardous Device Unit ("HDU"), the FBI's Joint Terrorism Task Force, and defendant Joseph DePalma. Id. ¶ 21. When asked if there were wires or explosives in his costume, the plaintiff responded in the negative and stated that he was wearing the costume for artistic purposes. Id. The plaintiff's costume was then cut from his body and x-rayed. Id. The officers present at the scene determined that the costume tested negative for explosives and that the plaintiff was unarmed. Id.

While searching the plaintiff, the officers discovered a set of keys, which the plaintiff told the officers were for the use of his van. Id. ¶ 23. The police located the van in the 300 block of 3rd Street NE, approximately four blocks from the Capitol Building, and conducted a warrantless and nonconsensual search of the vehicle's interior. Id.; Def.'s Mem. at 13. The search produced no evidence of explosives, and purportedly resulted in "numerous pieces of original artwork" that were in the van being damaged or destroyed. Am. Compl. ¶ 23. The search of the van occurred after the police had determined that the plaintiff did not have any explosive devices on his person. Id.; Def.'s Mem. at 13.

According to the plaintiff, an hour and a half after his initial detention in the Capitol Building, he was arrested and taken to the USCP prisoner processing center, where he was questioned "for two or three hours" by unidentified FBI agents and USCP officers. Am. Compl. ¶ 22. The plaintiff alleges that he requested an attorney before being questioned but was not provided one. Id. The plaintiff also alleges that he was not informed of his Miranda rights5 at the time of his arrest or at any time prior to his interrogation at the processing center. Id. ¶ 56. Following the interrogation, the plaintiff was transferred to another facility, where he was held overnight. Id. ¶ 22. It was only then that the plaintiff was afforded access to an attorney. Id. ¶ 56.

On March 10, 2003, after spending three nights in the Mental Health Unit of the District of Columbia Jail,6 the plaintiff was charged with (1) demonstrating in the Capitol Building;7 (2) making a false bomb threat;8 (3) aiding and abetting;9 and (4) assault or threatened assault.10 Id. 126. Ms. Patel Olaniyi was also charged with these same offenses, and she and the plaintiff were subsequently released on bond. Id. ¶¶26-27. On April 1, 2003, the plaintiff and Ms. Patel Olaniyi were indicted on all of these charges. Id. ¶ 27. Both pled not guilty at their arraignment on May 29, 2003, and on August 13, 2003, the Court dismissed all charges upon motion of the government.11 Id. ¶¶ 27-28.

On March 3, 2005, the plaintiff initiated this action, alleging violations of the First, Fourth, and Fifth Amendments against the federal defendants and seeking compensatory and punitive damages. Compl. ¶¶ 27-40, 44; Am. Compl. ¶¶ 43-56, 75. Specifically, the plaintiff claims (1) that the federal defendants12 violated his First Amendment rights by arresting him based on his costume and behavior, which "were forms of symbolic and political speech," Am. Compl. 1¶¶ 51-52; (2) that Officer Nutwell also abridged his First Amendment rights by arresting him based in part on his alleged use of the word "Allah," id. ¶ 53; (3) that the federal defendants' detention and search of his person in the Capitol Building did not comport with the requirements of the Fourth Amendment, id. ¶¶ 45, 49; (4) that the destruction of his mask sculpture by Officer Nutwell amounted to an unconstitutional seizure under the Fourth Amendment, id. ¶ 48; (5) that the federal defendants lacked probable cause to arrest him once it was determined that he had no explosives on his person, therefore violating his Fourth Amendment rights against false arrest and imprisonment, id. ¶¶ 46, 49; (6) that the warrantless search of his van by the federal defendants, and the resulting damage and destruction of his artwork, violated the Fourth Amendment,13 id. ¶¶ 45, 47-48; (7) that the federal defendants violated the Fifth Amendment by failing to apprise the plaintiff of his Miranda rights prior to his interrogation at the processing center, id. ¶ 56; and (8) that the federal defendants violated his Fifth Amendment due process rights by denying his request for an attorney, id.

In return, the federal defendants contend that the plaintiffs action against them should be dismissed on two bases.14 First, the federal defendants argue that the Court lacks personal jurisdiction over the unidentified USCP and FBI John Doe defendants.15 Def.'s Mem. at 6-7. Second, the federal defendants claim that they are shielded from suit for the actions alleged by virtue of their qualified immunity and that, consequently, the plaintiff has failed to state any claim against them upon which relief can be granted.16 Id. at 7-15. The Court will examine these arguments in turn.

II. Standards of Review
A. Rule 12(b)(2)

Under Federal Rule of Civil Procedure 12(b)(2), the plaintiff bears the burden of establishing that the Court has personal jurisdiction over the defendants. Rong v. Liaoning Provincial Gov't, 362 F.Supp.2d 83, 90 (D.D.C.2005) (citing Jacobsen v. Oliver, 201 F.Supp.2d 93, 104 (D.D.C.2002)). This burden, however, is "only a minimal one," Jacobsen, 201 F.Supp.2d at 104 (internal brackets and citation omitted), and the plaintiff "need only make a prima facie showing of personal jurisdiction in order to defeat [the] defendant's motion," Rong, 362 F.Supp.2d at...

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