United States District Court, District of Columbia
LOUIS A. BANKS, et al., Plaintiffs,
INSPIRED TEACHING SCHOOL, et al., Defendants.
B. WALTON, United States District Judge
matter is before the Court on Defendants' Motion to
Dismiss Plaintiffs' Complaint With Prejudice, ECF No. 18,
and the District Defendants' Motion to Dismiss, ECF No.
27. For the reasons discussed below, the Court grants the
The Plaintiffs' Allegations and Legal Claims
A. Banks (“the plaintiff”) brings this action on
his behalf and on behalf of his minor son
(“D.B.”). See Am. Compl. ¶¶
Their claims arise from an incident that occurred on
September 17, 2015, see id. ¶ 1, at the
Inspired Teaching School, a public charter school in the
District of Columbia, see generally id. ¶¶
to the plaintiff, after he accompanied D.B. to his first
grade classroom at 8:30 a.m., Am. Compl. ¶ 6, Misty
Freeman, Zoe Duskin and Deborah Williams “lock[ed D.B.]
in the psychologist room, ” id. ¶ 7,
without first securing parental consent, id. ¶
8, in order to “force [D.B.] to take a CAT assessment,
” id. ¶ 7; see id. ¶ 16.
For reasons that are not stated in the pleadings, a call was
made for emergency medical services, see id.
¶¶ 19-21, 31, and Fire and Emergency Medical
Services Department (“FEMS”) personnel arrived at
the school at 3:16 p.m., id. ¶ 26. Their report
suggested that D.B. was “not completely alert (not
responding appropriately)” and displayed
“Abnormal Behavior.” Id., Exhibit
(“Ex.”) 4 (Incident Report 2015-0153642-000).
plaintiff returned to the school “to pick up [D.B.] at
3:15 p[.]m., ” id. ¶ 25, arriving when
D.B. was “being seen by Emergency Medical
Services” personnel, id. ¶ 26. The
plaintiff entered the room where D.B. was located,
id. ¶ 27, he observed “4 men around
[D.B.], and “yelled . . . to them do not touch [D.B.],
” id. Zoe Duskin allegedly “close[d] and
block[ed] the door for 5 sec[onds] keeping the [p]laintiff
and [D.B.] inside” the room. Id. ¶ 28.
When Duskin “move[d] from the door, ”
id., the plaintiff and D.B. left the premises,
id. ¶ 29. The plaintiff took D.B. to
Children's National Medical Center, where D.B. was
treated and released. Id.
Metropolitan Police Department (“MPD”) officer
also responded to the school. Id. ¶ 31.
According to the police report, D.B. “was making
threats to harm himself.” Id., Ex. 5 (CCN #
15146975 - Public Narrative). According to the plaintiff,
however, defendants Duskin, Freeman, Mathews, Williams,
Proctor, Harris and Sotelo “lied to [the responding
officer by] making a false statement in the police public
incident report making up crimes to frame [him] and
[D.B.]” Id. ¶ 31. Subsequently, an
individual whom the plaintiff does not identify accompanied
the officer to the plaintiffs' residence “to
conduct a welfare check, ” but “there was no
answer at the door after multiple attempts and nobody was
heard inside.” Id., Ex. 5. Although the
plaintiffs were not clients of Catholic Charities of the
Archdiocese of Washington, id. ¶ 13, the
plaintiff alleges that an unidentified Catholic Charities
staff member made a “false police report statement,
” id. ¶ 34, to MPD Officer Fred Rosario
at the Fifth District police station, id. ¶ 35.
According to the plaintiff, information in the police report
has been used “for secret surveillance to target [him,
]” as information about these events is maintained in
records of the Child and Family Services Agency, the MPD, and
the FEMS “for financial gain. (Racial
Profiling).” Id. ¶ 33.
plaintiff describes this case as an action
for money damages, declaratory, injunctive relief brought
pursuant to 42 U.S.C. [§] 1983, 28, U.S.C. [§]
1331[, ] Fourth, Fourteenth Amendments fundamental rights
liberty, due process, equal protection clause under the law
United States Constitution. In addition United States
Constitution Title 18 U.S.C. Section 241 Conspiracy Against
Right, and 242 Deprivation of Right Under Color of State law.
Compl. ¶ 5. Among the defendants he is suing are: (1)
the Inspired Teaching School and three of its faculty members
(Misty Freeman, Zoe Duskin and Deborah Williams); (2)
Catholic Charities of the Archdiocese of Washington and five
of its employees (Susan Proctor, Chanel Sotelo, Kristin
Mathews, Huy Bui and Donte Harris); (3) the District of
Columbia; and (4) the District of Columbia Child and Family
Services Agency and two of its employees (Raymond Davidson
and Shirley Green). Id. at 1 (caption). The
plaintiffs allegedly have “suffered loss to [their]
reputation, shame, emotional distress, denial procedural,
denial of fair process, unjustifiable deprivation of liberty
due process . . ., false imprisonment [and] the
plaintiffs['] federally protected rights, ” for
which they demand damages totaling $100 million. Id.
The Plaintiffs' Superior Court Case
December 30, 2015, the plaintiff filed a civil action in the
Superior Court of the District of Columbia (“Superior
Court”) against the District of Columbia, the Inspired
Teaching School, Misty Freeman, Zoe Duskin, Deborah Williams,
Catholic Charities, Susan Proctor, Chanel Sotelo, Kristin
Mathews, Huy Bui, and the District of Columbia Child and
Family Services Agency. See Defendants'
Memorandum of Law in Support of Defendants' Motion to
Dismiss Plaintiffs' Complaint With Prejudice
(“Defs.' Mem.”), Ex. 1 (docket sheet). The
factual allegations set forth in the plaintiffs' Superior
Court complaint also pertain to the events of September 17,
2015, see generally id., Ex. 2 (Complaint, Banks
v. District of Columbia, No. 15-10051 (D.C. Super. Ct.
Dec. 30, 2015)), as do the allegations in the amended
complaint filed in that Court, see generally
Memorandum of Points and Authorities in Support of the
District Defendants' Motion to Dismiss (“District
Defs.' Mem.”), Ex. 1 (Am. Compl., Banks v.
District of Columbia, No. 15-10051 (D.C. Super. Ct. Mar.
16, 2015)). The plaintiffs brought claims under 42 U.S.C.
§ 1983 for alleged violations of their constitutional
rights, as well as tort claims for “slander, libel,
Malice Deformation [sic], False light, ” and demanded
$100 million as compensation for “loss of . . .
reputation, shame, mortification, and injury to [their]
feelings.” Defs.' Mem., Ex. 2 at 7 (page number
designated by ECF); see generally District
Defs.' Mem., Ex. 1 at 17-23 (alleging defamation, false
light, actual malice and negligence) (page numbers designated
by the plaintiff). All of the defendants moved to dismiss the
Superior Court complaint, and the parties appeared before
Superior Court Judge Jennifer DiToro on May 12, 2016, for
oral argument on the defendants' motions.See
District Defs.' Mem. at 4; Defs.' Mem. at 2. Judge