complaint deleted some previously named defendants and added some previously unnamed defendants. Specifically, plaintiff sued the following individuals in the official and individual capacities: John Touchstone, Director of the Department of Public Works; Robert Thompson, an administrator with the Transportation Systems Administration; James Harford, the Chief of the Permit Control Division; Clifton Ware, a supervisor of the Driver Improvement Branch, Bureau of Motor Vehicles Services; and Joan Bailey, the former Chairperson of the Hackers' License Appeal Board. On August 26, 1987, the Court granted defendants' motion to dismiss Joan Bailey and John Touchstone. On the date scheduled for trial, counsel for plaintiff affirmed his statements made at the pretrial conference that plaintiff did not have an adequate case against James Harford and Robert Thompson and agreed to dismissing those two defendants. The Court, therefore, dismissed Harford and Thompson. Thus, the Court, in addressing defendant's renewed motion for summary judgment, is faced with only one defendant, Clifton Ware.
Plaintiff asserts a property interest in the continued use of a properly maintained driver's record. Plaintiff alleges that defendant Ware violated plaintiff's due process rights under the fifth amendment because Ware allegedly created and maintained an inaccurate driver's record for plaintiff. The administrative agencies allegedly then relied upon the inaccurate record in their decisions regarding plaintiff's driver's license and hacker's license. It is important to note that neither the administrative agencies nor the administrators involved in the hearings are before the Court. The Court is dealing solely with the supervisor of the bureau responsible for physically entering the assessed points onto the driver's record. Plaintiff maintains that by incorrectly entering the points the individual defendant violated plaintiff's constitutional rights to a fair trial.
Procedural due process requires that a fair hearing be held prior to permanent suspension of a driver's license. Bell v. Burson, 402 U.S. 535, 29 L. Ed. 2d 90, 91 S. Ct. 1586 (1971); Quick v. Department of Motor Vehicles, 331 A.2d 319, 321 (D.C. 1975). An agency does not deny a driver due process by failing to show the driver a computer printout of his driver's record as long as the agency conducting the hearing informs the individual of the record before the agency and gives the individual an opportunity to contest the record before the agency. See Carpenter v. District of Columbia Traffic Adjudication Appeal Board, 530 A.2d 680, 681 (D.C. 1987). The plaintiff was given an opportunity to contest the information on which the administrative agencies relied. Thus, as to the allegation that the administrative agency violated his due process rights, plaintiff was not denied due process.
Furthermore, plaintiff's assertion that the administrative agencies committed errors by relying on an inaccurate driver's record fails to state a violation of due process. The fifth amendment protects against deprivation of property without due process of law. The United States Supreme Court has addressed the issue of what process is due a person when an employee of a state negligently takes an individual's property. See Parratt v. Taylor, 451 U.S. 527, 101 S. Ct. 1908, 68 L. Ed. 2d 420 (1981). The Supreme Court held that as long as the state provides an adequate state remedy to redress and compensate individuals deprived of property by state employees acting under the color of state law, due process is satisfied. Id. at 543-44. An individual may challenge the adequacy of the state remedy as violative of due process. Id. However, the challenge of the state remedy is wholly apart from a challenge to the action of state employee allegedly depriving an individual of due process. See id. at 542-44 (citing Bonner v. Coughlin, 517 F.2d 1311, 1319 (7th Cir. 1975), modified en banc, 545 F.2d 565 (1976), cert. denied, 435 U.S. 932, 98 S. Ct. 1507, 55 L. Ed. 2d 529 (1978)).
In the present action, plaintiff challenges the action of defendant Ware. Plaintiff claims that Ware, acting under the color of state law, deprived plaintiff of property in violation of due process when Ware erroneously included points on plaintiff's driving record. Plaintiff does not allege that his due process rights were violated because the state remedies were inadequate. In fact, the state remedy for alleged violations of an individual's due process rights is adequate. Under District of Columbia law, a driver may seek review of the hearing examiner's decision by appealing to the agency's Director. D.C. Code § 40-632 (1981). If the agency Director affirms a suspension or revocation of a driver's license, the driver may seek review in the District of Columbia Court of Appeals pursuant to the District of Columbia Administrative Procedure Act. D.C. Code §§ 1-1510, 40-635. Plaintiff on three occasions did not exercise his right of appeal when he was unhappy with the administrative decisions which allegedly were based on the inaccurate record. Plaintiff was aware of his right of appeal as evidenced by the fact that plaintiff did in fact exercise his right of appeal one time when he appealed the Hackers' Board's decision to revoke his hacker's license. Failure to exercise available adequate state remedies does not entitle a plaintiff to compensation for due process violations. As the United States Court of Appeals for the Third Circuit stated, "substantive mistakes by administrative bodies in applying local ordinances do not create a federal claim so long as correction is available by the state's judiciary." Cohen v. City of Philadelphia, 736 F.2d 81, 86 (3rd Cir.), cert. denied, 469 U.S. 1019, 105 S. Ct. 434, 83 L. Ed. 2d 360 (1984) (Third Circuit joins First and Seventh Circuits in holding that individual's due process rights are not violated as long as adequate state procedures exist to remedy negligent errors in applying local law); see also, Roy v. City of Augusta, 712 F.2d 1517, 1524 (1st Cir. 1983); Ellis v. Hamilton, 669 F.2d 510, 514 (7th Cir.), cert. denied sub nom. Ellis v. Judge of the Putnam Circuit Court, 459 U.S. 1069, 74 L. Ed. 2d 631, 103 S. Ct. 488 (1982).
Under Federal Rule of Civil Procedure 56(c) a court shall render summary judgment "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact." The United States Supreme Court recently provided significant guidance as to those circumstances when summary judgment is appropriate. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986); Celotex Corporation v. Catrett, 477 U.S. 317, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986). The Court stated that "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issues of material fact." Anderson, 106 S. Ct. at 2510 (emphasis in the original). The party moving for summary judgment has the burden of demonstrating that there is no genuine issue of fact. Id. at 2514. The party opposing the summary judgment motion, however, must present "affirmative evidence" in order to defeat a properly supported summary judgment motion. Id. The Court shall grant a properly supported summary judgment motion if the moving party demonstrates a lack of genuine triable issues of material fact. Celotex, 106 S. Ct. at 2555.
Applying the standard for summary judgment to the case at bar, the Court determines that summary judgment is appropriate. At this juncture of the case, there is only one defendant, Clifton Ware, who, both parties agree, erroneously placed points on plaintiff's driving record. Although the administrative agency may have relied on those erroneously placed points, the parties' stipulated facts demonstrate that plaintiff was aware of his right to appeal adverse administrative agency decision. Plaintiff does not dispute that the appeal provisions were anything but adequate. The case law demonstrates that the existence of adequate state remedies satisfies due process. The mere failure of plaintiff to exercise his rights of appeal does not mandate that a due process violation existed. Accordingly, in consideration of defendants' motion for summary judgment, the opposition thereto, the parties' stipulated facts, the parties' supplemental stipulated facts, the case law, and the entire record of this action, the Court determines that there is not a genuine triable issue of material fact and that summary judgment is appropriate.