Opinion
Civil Action No. 04-0048 (RMC).
June 3, 2005
MEMORANDUM OPINION
Janella Turner is the mother of Eric Nathaniel Nelson, Jr., who was shot and killed on August 22, 2001, by James Davon Hill, a ward of the District of Columbia who had escaped from a group home operated by Youth Services Administration. Ms. Turner sues the District of Columbia, Mayor Anthony Williams, and other persons and entities. The lawsuit is based on various constitutional law, common law, and statutory claims as set forth in detail in Ms. Turner's complaint. Mayor Williams has filed a motion to dismiss, which Ms. Turner opposes. The Court will dismiss the Mayor.
A "suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office." Will v. Michigan Dep't State Police, 491 U.S. 58, 71 (1989) (citing Brandon v. Holt, 468 U.S. 464, 471 (1985)). There is no need to name the individual official because an official-capacity suit is, at law, against the state or, as here, municipality. Kentucky v. Graham, 473 U.S. 159, 165-66 (1985). Because Ms. Turner has sued the District of Columbia as well as Mayor Williams, the allegations against the Mayor in his official capacity are duplicative and can be dismissed.
The complaint alleges no personal involvement by the Mayor in the events leading to Eric Nelson's death and the amended complaint does not mention him at all. Under 42 U.S.C. § 1983, individual government employees cannot be held vicariously liable for the unconstitutional acts of others. Arnold v. Moore, 980 F. Supp. 28, 35 (D.D.C. 1997) ("It is well settled that public officials are not vicariously liable for the acts of their subordinates. Respondeat superior cannot form the basis for liability for a § 1983 claim."). Rather, the individual government defendant must be alleged to have personally committed or participated in the unconstitutional act. Nowlin v. Director, District of Columbia Dep't of Corr., 689 F. Supp. 26, 27 (D.D.C. 1988) (stating that individual liability under § 1983 can only be premised on "a showing of direct responsibility for the improper action"). Ms. Turner does not dispute these legal precepts, but argues that discovery may reveal conduct on the part of the Mayor that "gave rise to a custom, practice or policy" that resulted in a violation of Eric Nelson's rights and, "[i]f such facts are unearthed," the lawsuit against the Mayor would not be duplicative (or reliant on respondeat superior). Pl.'s Opp'n at 2.
The amended complaint alleges no actions by the Mayor that would result in liability for Eric Nelson's death and Ms. Turner acknowledges in her opposition that she knows of no such facts at this time. Therefore, the complaint against the Mayor must be dismissed. Should Ms. Turner discover facts that could support individual liability, she can file a motion for leave to amend her complaint a second time.
The complaint allegations against the Mayor will be dismissed without prejudice. A separate order accompanies this memorandum opinion.