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Lover v. District of Columbia

March 3, 2008

GARY R. LOVER, PLAINTIFF,
v.
DISTRICT OF COLUMBIA, ET AL, DEFENDANTS.



The opinion of the court was delivered by: Alan Kay United States Magistrate Judge

MEMORANDUM OPINION*fn1

Pending before the Court are Plaintiff Gary R. Lover's Motion for Leave to File Second Amended Complaint [26], Defendants' Opposition [27], and Plaintiff's Reply [31].

I. Background

A. Procedural History

On November 2, 2006, Plaintiff Gary R. Lover ("Lover") brought suit against the District of Columbia, Chief Charles H. Ramsey, five named Metropolitan Police Department ("MPD") Officers, and other unnamed officers alleging violations of 42 U.S.C. § 1983 and common law tort claims. (See Compl. [1].)*fn2 Lover subsequently filed an Amended Complaint to correct the name of one of the defendant officers, Steven A. Manley. (See Am. Compl. [3].) On December 5, 2007, Lover moved to file a Second Amended Complaint to add five plaintiffs who allegedly suffered "the same or substantially similar constitutional and common law violations by the defendants as" Lover. (Pl.'s Mot. [26] at 1.) At the request of Plaintiff's counsel, the Court heard argument in this matter at a hearing on January 31, 2008.

B. Claims

Lover's claims, and those of the five proposed Plaintiffs, may be summarized as follows:

1. Gary R. Lover

Lover alleges that on September 2, 2006, MPD officers, including Officer Steven A. Manley, approached him outside of his residence at 225 51st Street, N.E., Washington, D.C. (Am. Compl. ¶¶ 15-16.) Lover further states that Officer Manley conducted an initial search of Lover outside of the building, which did not reveal any contraband, and then led him inside where Officer Manley conducted a second search. (Id. ¶¶ 17-18.) Lover alleges that during this second search, "over Mr. Lover's initial and continued objection to any invasive search by Officer Manley, the officer did digitally penetrate the anus of Mr. Lover for a significant period of time." (Id. ¶ 19.)

Lover brought suit against the District of Columbia, Police Chief Ramsey, Officer Manley, Sergeant Neill, Sergeant Solan, Officer Abdalla, Detective Hendricks, and other unnamed officers. (Id. ¶¶6-14.) Lover alleges civil rights claims under § 1983, assault, battery, conspiracy, negligence, false imprisonment, respondeat superior, negligent training and supervision, and intentional infliction of emotional distress. (See id. ¶¶ 24-72.)

2. Bernard Matthews

Bernard Matthews ("Mathews") alleges that on November 30, 2006, two male MPD officers approached him outside the Black Super Market at 910 13th Street, N.E., Washington, D.C. (Proposed Second Am. Compl. [26-2] ¶ 21.) Matthews further alleges that one of the officers "pulled [his] pants down, grabbed his testicles and lifted them. After finding nothing, the officer pulled [his] pants back up." (Id. ¶ 23.) After a third, female officer approached, the male officer who conducted the first search allegedly pulled Matthews' pants down, searched under his testicles for a second time, and "then went around Matthews and spread Matthews' buttocks and looked between Matthews' buttocks while still in the presence of Female Officer." (Id. ¶ 25.) The search yielded contraband that led to Matthews' arrest. (Id. ¶ 26.)

Matthews seeks to bring suit against the District of Columbia, Chief Ramsey, and unnamed officers. (Id. at 3.) He alleges civil rights claims under ยง 1983, assault, battery, conspiracy, negligence, false imprisonment, false arrest, respondeat superior, negligent training and supervision, ...


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