Summary
granting motion to dismiss because the "plaintiff's claims against the Mayor in his official capacity are duplicative of plaintiff's claims against the District"
Summary of this case from Lopez v. Dist. of ColumbiaOpinion
Civil Action No. 03-2547 (RWR).
May 24, 2005
MEMORANDUM OPINION AND ORDER
Plaintiff has filed a four-count amended complaint against the District of Columbia, Mayor Anthony Williams, Gayle Turner and others seeking damages for their part in the alleged wrongful death of plaintiff's late husband, Kenneth Barnes, Jr. Mayor Williams has moved to dismiss the amended complaint against him, arguing that the amended complaint asserts no facts that would subject him to personal liability under 42 U.S.C. § 1983. Because the amended complaint adequately alleges facts which would provide a basis for personal liability against Mayor Williams under § 1983, the § 1983 claim against the Mayor in his individual capacity will not be dismissed. The Mayor also argues that the claims against him are duplicative insofar as they are brought against him in his official capacity. Because it is duplicative to name as defendants both District employees in their official capacities and the District, the claims against Mayor Williams and Turner in their official capacities will be dismissed.
BACKGROUND
Plaintiff alleges that on September 24, 2001, James Davon Hill shot and killed Kenneth Barnes, Jr. in the decedent's store, Boutique U, during an armed robbery attempt. (Am. Compl. ¶¶ 17, 18.) Hill, a ward of the District of Columbia and a three-time escapee from a group home controlled by the District's Youth Services Administration (YSA), had escaped from the group home for a fourth time two months prior to the robbery attempt. (Id. ¶ 19.) Gayle Turner is the YSA Administrator.
In Count One of her amended complaint, plaintiff