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Gregory Harris v. District of Columbia

December 21, 2010


The opinion of the court was delivered by: Gladys Kessler U.S. District Judge


This matter is before the Court on Plaintiff's Motion for Reconsideration. Upon consideration of the Motion, Opposition, Reply, and the entire record herein, and for the reasons stated below, Plaintiff's Motion for Reconsideration is denied and Plaintiff's Request for Leave to Amend the Complaint is granted.


This lawsuit arises from Plaintiff's arrest at the Community Development Institute ("CDI") Head Start School on April 7, 2008. See Harris v. District of Columbia, 696 F.Supp.2d 123, 126-27 (D.D.C. 2010). At the time, Plaintiff was on duty as a duly-commissioned Special Police Officer for the District of Columbia, and was in possession of a firearm which he believed he was authorized to carry. Id. Plaintiff was nevertheless arrested and charged with "Carrying a Pistol Without a License [Outside Home or Place of Business], in violation of 22 D.C. Code § 4504(a) (2001 ed.)." Id. The United States Attorney's Office subsequently dropped the charge on June 16, 2008. Id.

Unbeknownst to this Court, Robert Ord, Plaintiff's employer, filed a lawsuit against the District of Columbia on April 24, 2008. Pl.'s Mot. for Recons. ¶ 30, at 5. Ord alleged deprivation of a liberty interest under 42 U.S.C. § 1983 and common law claims of malicious prosecution and intentional infliction of emotional distress, all arising from the same April 7, 2008 incident. See Ord v. District of Columbia, 573 F.Supp.2d 88, 91 (D.D.C. 2008). Judge John D. Bates dismissed Ord's suit on August 29, 2008 for lack of Article III standing. Id. at 95-96. On December 4, 2009, the Court of Appeals for the District of Columbia reversed the dismissal of Ord's case, concluding that Ord had "standing to bring his preenforcement claim." Ord v. District of Columbia, 587 F.3d 1136, 1143 (D.C. Cir. 2009).

On April 3, 2009, Plaintiff filed his own suit against the District of Columbia based on the April 7, 2008 incident. Plaintiff filed his lawsuit approximately eleven months after Ord filed his suit and approximately seven months after Judge Bates dismissed Ord's claims. Plaintiff's Complaint contained seven counts: deprivation of liberty under the Fourth Amendment, when Plaintiff was arrested without probable cause during a warrantless search (Count I); deprivation of a property interest, under the Fifth Amendment, when his property was seized and never returned (Count II); malicious prosecution of the Plaintiff initiated by Sgt. Moye (Count III); deprivation of a property interest when he was denied the right to work as a Special Police Officer (Count IV); deprivation of a liberty interest, under the Eighth Amendment (Count V), excessive force employed during the search (Count VI); and intentional infliction of emotional distress (Count VII). Harris, 696 F.Supp.2d at 127.

When filing this suit, Plaintiff's counsel filled out the required Civil Cover Sheet [Dkt. No. 1-1]. As it appears on the docket, this Civil Cover Sheet contains in the section asking the filer to designate Related Cases a crossed-out "X" in the box for "Yes" and a clearly legible and circled "X" in the box marked "No." The docket does not contain the "related case form," which must be filled out when the "Yes" box is marked. Plaintiff now contends that counsel properly marked "Yes" in the Related Case Section when submitting the Civil Cover Sheet to the Clerk and that counsel filled out the necessary related case form. Pl.'s Mot. for Recons. ¶ 37, at 6. According to Plaintiff, "the related case designation was crossed out by an unknown person" and "the related case form was apparently never entered into the docket." Id. ¶ 38, at 6.

Since the docket contained no record of the related case form and the Civil Cover Sheet appeared to be marked "No" rather than "Yes" in the Related Case section, this case proceeded separately from Ord. Indeed, at no point until Plaintiff filed the present Motion for Reconsideration did Plaintiff move to consolidate the cases or provide notice in any way to the Court that Ord's case may have been related. This Court dismissed all seven counts of Plaintiff's Complaint on March 22, 2010. Harris, 696 F.Supp.2d at 138. Eight days later, on March 30, 2010, the District of Columbia produced documents in Ord, which was then on remand from the Court of Appeals. Pl.'s Mot. for Recons. ¶ 46, at 8.

Subsequently, on April 16, 2010, Plaintiff filed this Motion for Reconsideration of the March 22, 2010 dismissal [Dkt. No. 33]. On May 7, 2010, Defendant filed its Opposition [Dkt. No. 35]. On May 18, 2010, Plaintiff filed his Reply [Dkt. No. 36].


A motion for reconsideration should be granted only if the court "finds that there is an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice." Firestone v. Firestone, 76 F.3d 1205, 1208 (D.C. Cir. 1996) (internal citations and quotations omitted). A motion for reconsideration is not "a vehicle for presenting theories or arguments that could have been advanced earlier." Jones v. Bernanke, 538 F.Supp.2d 53, 60 (D.D.C. 2008) (citing Kattan v. District of Columbia, 995 F.2d 274, 276 (D.C. Cir. 1993)); see also Harrison v. Federal Bureau of Prisons, 681 F.Supp.2d 76, 84 (D.D.C. 2010). In other words, the moving party must show "new facts or clear errors of law which compel the court to change its prior position." Nat'l Ctr. for Mfg. Sciences v. Dep't of Def., 199 F.3d 507, 511 (D.C. Cir. 2000) (internal citation omitted).


Plaintiff states that he "does not assert that there is any 'newly discovered evidence' herein." Pl.'s Reply 5. Rather, Plaintiff argues that this "Court has made distinct errors of law and violated its own Local Rules of procedure" and that "[j]ustice requires that this Court bring its rulings into harmony with another case properly designated as 'related' which has already reached review by the D.C. Circuit." Pl.'s Mot. for Recons. 8-9. Specifically, Plaintiff argues (1) that his common law claims should not have been dismissed for failure to provide notice under D.C. Code ยง 12-309 because ...

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