United States District Court, D. Columbia.
Decided July 8, 2015.
MARVIN JORDAN, Plaintiff, Pro se, GLENVILLE, WV.
For VINCENT C. GRAY, Defendant: Kerslyn D. Featherstone, LEAD ATTORNEY, OFFICE OF ATTORNEY GENERAL/DC, Washington, DC.
ROYCE C. LAMBERTH, United States District Judge.
This matter is before the Court on Defendant Mayor Vincent Gray's Motion to Dismiss [ECF No. 20], For the reasons discussed below, the motion will be granted.
According to plaintiff, two Metropolitan Police Department officers were dispatched on July 21, 2011, to the 1200 block of Missouri Avenue, N.W. in response to a call from an unknown individual " stating that there was a [black male] with a baseball cap standing at the comer of 1200 Block of Missouri, Ave., N. W." First Am. Compl. [ECF No. 15] at 2 (page numbers designated by plaintiff). The officers allegedly " showed up in an unmarked scout car" and encountered plaintiff at that location." Id. Plaintiff alleged that " the officers did not identify themselves and automatically drew their service weapon[s]." Id. Plaintiff ran away in a " panic." Id. Without first making an " attempt to yell to stop [plaintiff], or fire a warning shot, [or] use a taser, or any other means to communicate and/or attempt to stop him," id., the officers " fired their weapons . . ., one bullet striking [plaintiff] in the back, and the second bullet hitting him in his right arm." Id. Although plaintiff was taken to the Washington Hospital Center, he allegedly did not receive proper treatment for his gunshot wounds, as bullet fragments remain in his body " causing him physical pain, [limiting] use of his right arm, and caus[ing] mental stress and anguish." Id.
Ground Five of plaintiff's First Amended Complaint reads:
MAYOR VINCENT GRAY, WHO IS RESPONSIBLE FOR THE OPERATION AND IMPLEMENTATION OF LAWS, STATUTES, AND POLICIES GOVERNING THE OPERATION OF PROCEDURES OF THE DEFENDANTS NAMED IN GROUND ONE THROUGH GROUND FOUR, WHO ACTED IN CONCERT AND CONSPIRED BY NOT INVESTIGATING MISCONDUCT AND MULTIPLE SHOOTINGS BY OFFICERS, AND/OR LACK OF MEDICAL CARE & TREATMENT. MAYOR GRAY ACTED UNDER COLOR OF STATE & FEDERAL LAWS, STATUTES, AND POLICIES UNDER HIS INDIVIDUAL & OFFICIAL CAPACITY, IN VIOLATION OF TITLE 42 U.S.C. § 1983, § 1985(3), § 1986 (by way of discrimination); BIVENS TITLE 28 U.S.C. § 1441, § 1443, § 2412(d)(2)(C), § 2672 ch. 171 (FTCA-TORT).
First Am. Compl. at 4-5 (emphasis in original).
For alleged violations of rights protected under the Fourth, Fifth, Eighth and Fourteenth Amendments to the United States Constitution, id. at 1, plaintiff demands nominal, ...