Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

GREENE v. AMRITSAR AUTO SERVICES CO.

June 18, 2002

BRYAN GREENE, PLAINTIFF,
V.
AMRITSAR AUTO SERVICES COMPANY, LLC AND BALVIR SINGH JOHAL, DEFENDANTS.



The opinion of the court was delivered by: Urbina, District Judge.

MEMORANDUM OPINION

DENYING DEFENDANT AMRITSAR'S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This civil-rights matter comes before the court upon defendant Amritsar Auto Services Company, LLC's ("Amritsar") motion for summary judgment. The plaintiff, Bryan Greene, alleges that the individual defendant, Balvir Singh Johal ("Johal"), a taxicab driver for Amritsar, refused to provide service to the plaintiff because of the plaintiffs race, in violation of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981 et seq., and the District of Columbia Human Rights Act, as amended, D.C.Code §§ 1-2519 et seq. ("DCHRA"). Upon consideration of the parties' submissions and the relevant law, the court denies the defendant's motion.

II. BACKGROUND

A. Factual Background

The gravamen of the complaint is that the plaintiff attempted to procure taxicab service from defendant Johal, who allegedly refused service on account of the plaintiffs race. See id. ¶¶ 13-15. The plaintiff states that on the night of April 2, 2000, at about 9:30 p.m., he tried to hail a taxicab from the entrance of a hotel, located in the southwest quadrant of the District of Columbia. See id. ¶ 10. "Neatly" attired in a black baseball jersey, green checkered shorts, army-green socks, black sneakers, and eyeglasses, the plaintiff carried a green knapsack and a white shopping bag. See id. ¶ 11. He had walked the few blocks from his office in the HUD building to the hotel. See id. ¶ 10. The plaintiff explains that catching a taxicab at the hotel is easier than trying to get one on the street outside the HUD building, which is "virtually deserted" at that hour. See id. The plaintiff entered the hotel lobby through a back staircase, walked across the lobby, and exited the front door of the hotel in order to have the hotel doorman hail him a taxicab. See id. ¶ 12.

The plaintiff signaled to the hotel doorman that he wanted a taxicab and "tendered himself in a fit and proper state to be transported as a taxicab passenger." Id. ¶ 13. As defendant Johal dropped off a Caucasian passenger at the curb, the hotel doorman alerted the taxicab driver to the presence of the plaintiff by "tapping the side of the taxicab and telling the driver to stop so that the plaintiff could get in." See id. ¶¶ 12-14. According to the plaintiff, defendant Johal looked directly at him, "sized him up, and then began slowly to pull away from the curb." Id. ¶ 14. The doorman alerted defendant Johal twice of the plaintiffs desire to catch a taxicab, but defendant Johal "refused to stop . . . and intentionally refused to provide taxicab service to [the plaintiff]," allegedly "on the basis of the plaintiffs race, color, or personal appearance." See id. ¶¶ 14-15.

The plaintiff subsequently initiated the present action, demanding a jury trial, and asserting the following four causes of action against the defendants: (1) violation of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981 et seq.; (2) violation of the District of Columbia Human Rights Act, as amended, D.C.Code §§ 1-2519 et seq.; (3) breach of the common law common-carrier duty, and; (4) negligent supervision.*fn1 See id. ¶¶ 23-38. For his injuries, the plaintiff requests injunctive relief ordering the defendants to cease all racially discriminatory activity, an unspecified amount of compensatory and punitive damages, and attorneys' fees and costs. See id. at 10.

B. Procedural History

On May 21, 2001, defendant Johal filed a motion to dismiss for failure to exhaust administrative remedies and for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). See Def. Johal's Mot. to Dismiss. The court denied defendant Johal's motion, reasoning that the plaintiff need not exhaust his administrative remedies with the D.C. Taxicab Commission before pursuing his claims in this court and that the plaintiff had sufficiently stated a claim upon which relief can be granted. See Mem.Op. and Order dated July 31, 2001. The court now turns to defendant Amritsar's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56, wherein defendant Amritsar argues that it is not vicariously liable for the alleged act of discrimination committed by defendant Johal against the plaintiff. See Def.'s Mot. for Summ.J ("Def.'s Mot.") at 7-14.

III. ANALYSIS

A. Legal Standard for Summary ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.