Heenan v. Leo

11 Citing cases

  1. Ajayi v. Dist. of Columbia

    Civil Action 20-1019 (TJK) (D.D.C. Aug. 31, 2021)   Cited 1 times

    “Although plaintiff has named the MPD as a defendant, it is well settled that the MPD is non sui juris and, therefore, cannot sue or be sued.” Heenan v. Leo, 525 F.Supp.2d 110, 112 (D.D.C. 2007) (citing McRae v. Olive, 368 F.Supp.2d 91, 94 (D.D.C. 2005)). Thus, the claims against MPD must be dismissed for his reason alone.

  2. Pappas v. Dist. of Columbia

    513 F. Supp. 3d 64 (D.D.C. 2021)   Cited 28 times
    Gathering cases applying DCHRA limitations period to Rehabilitation Act claims

    MPD must be dismissed as a defendant because as a District of Columbia agency, the MPD is non sui juris and cannot sue or be sued as a separate entity. Nutt v. Dist. of Columbia Gov't , No. 19-cv-3220, 2020 WL 4597100 at *1 n. 4 (D.D.C. Aug. 11, 2020) (citing Heenan v. Leo , 525 F. Supp. 2d 110, 112 (D.D.C. 2007) ); see alsoFre v. Monk , No. 15-2192, 2017 WL 627371 at *2 (D.D.C. Feb. 15, 2017) (granting dismissal of MPD as party defendant). Plaintiffs do not contest dismissal.

  3. Nutt v. D.C. Gov't

    Civil Action No. 19-3220 (ABJ) (D.D.C. Aug. 11, 2020)   Cited 2 times
    Dismissing common law claims against the District of Columbia where "the complaint fail[ed] to allege any facts to show that plaintiff complied with the notice requirement" of § 12-309

    As an initial matter, the complaint will be dismissed against defendant the "District of Columbia Police Department," because as a District of Columbia agency, the Metropolitan Police Department cannot be sued as a separate entity. See Heenan v. Leo, 525 F. Supp. 2d 110, 112 (D.D.C. 2007) ("it is well settled that the MPD is non sui juris and, therefore, cannot be sue or be sued"). BACKGROUND

  4. Flippin v. Gray

    Civil Action No. 19-2624 (BAH) (D.D.C. May. 19, 2020)

    Compl. Caption. The District of Columbia is the real party in interest because (1) "it is well settled that the MPD is non sui juris and, therefore, cannot sue or be sued," Heenan v. Leo, 525 F.Supp.2d 110, 112 (D.D.C.2007) (citations omitted), and (2) official-capacity claims "are equivalent to a suit against the municipality itself," Atchinson v. District of Columbia, 73 F.3d 418, 424 (D.C. Cir. 1996). I. BACKGROUND

  5. Fre v. Monk

    Civil Action No. 15-2192 (RMC) (D.D.C. Feb. 15, 2017)

    The MPD is such an entity. See, e.g., Heenan v. Leo, 525 F. Supp. 2d 110, 112 (D.D.C. 2007); Robinson v. District of Columbia, No. 03-CV-1455, 2005 WL 491467, at *3 (D.D.C. Mar. 2, 2005). Defendants move to dismiss the MPD as a party defendant, see Mem. of P. & A. in Support of Defs.' Mot. to Dismiss (Defs.' Mem.) at 3, and the motion will be granted, see, e.g., Argote v. D.C. Metro.

  6. Crockett v. Mayor of the Dist. of Columbia

    181 F. Supp. 3d 70 (D.D.C. 2013)

    Francis v. District of Columbia , 731 F.Supp.2d 56, 67 (D.D.C.2010) (quoting Braxton v. Nat'l Capital Housing Auth ., 396 A.2d 215, 216 (D.C.1978) ). "[I]t is well settled that the MPD is non sui juris and, therefore, cannot sue or be sued." Heenan v. Leo , 525 F.Supp.2d 110, 112 (D.D.C.2007) (citations omitted). The Court is not convinced that the D.C. Public Library is non sui juris , as the defendants contend.

  7. Flores v. Metro. Police Dep't

    Civil Action No. 13-690 (D.D.C. May. 13, 2013)

    In addition, "it is well settled that the MPD is non sui juris and, therefore, cannot sue or be sued." Heenan v.Leo, 525 F. Supp. 2d 110, 112 (D.D.C. 2007) (citations omitted). A separate Order of dismissal accompanies this Memorandum Opinion.

  8. Silver v. D.C. Metro. Police Dep't

    939 F. Supp. 2d 20 (D.D.C. 2013)   Cited 7 times
    Finding plaintiff's "stress, trouble, and pain" due to his arrest after discovery of illegal drugs were not compensable under § 1983 Fourth Amendment claim

    DISCUSSION At the outset, the Court will grant defendants' motion to dismiss the complaint against MPD because it is “well settled” that MPD is an entity within the District of Columbia that “cannot sue or be sued” in its own name. Heenan v. Leo, 525 F.Supp.2d 110, 112 (D.D.C.2007) (citing cases). In addition, the Court will dismiss any claims plaintiff purports to bring on behalf of his grandmother and uncle because a lay person cannot represent another individual in federal court. See28 U.S.C. § 1654 (“the parties may plead and conduct their own cases personally or by counsel”); Georgiades v. Martin–Trigona, 729 F.2d 831, 834 (D.C.Cir.1984) (individual “not a member of the bar of any court ... may appear pro se but is not qualified to appear in [federal] court as counsel for others”) (citation and footnote omitted); U.S. ex rel. Rockefeller v. Westinghouse Elec. Co., 274 F.Supp.2d 10, 15–18 (D.D.C.2003) (discussing general prohibition against lay person representation).

  9. Moreno v. District of Columbia

    925 F. Supp. 2d 93 (D.D.C. 2013)   Cited 8 times

    Defendants argue correctly that the complaint against MPD should be dismissed because MPD cannot be sued separately from the District of Columbia. See Heenan v. Leo, 525 F.Supp.2d 110, 112 (D.D.C.2007) (“[I]t is well settled that the MPD is non sui juris and, therefore, cannot sue or be sued.”) (citations omitted). Hence, the complaint against MPD is dismissed.

  10. Buruca v. District of Columbia

    902 F. Supp. 2d 75 (D.D.C. 2012)   Cited 17 times
    Concluding that officer's use of deadly force was reasonable when suspect pointed pistol at officer

    The District argues that Metropolitan Police Department is non sui juris and cannot be sued. See Hunt v. District of Columbia, 2002 WL 1997987, at *1 (D.C.Cir. Aug. 29, 2002) (per curiam); Heenan v. Leo, 525 F.Supp.2d 110, 112 (D.D.C.2007). Second, the District asks the court to dismiss any claims brought against the “John Doe” defendants, because claims against fictitious defendants must be dismissed after the close of discovery.