United States District Court, District of Columbia
G. SULLIVAN UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant District of
Columbia's Motion to Dismiss [ECF No. 5] and the Federal
Defendant's Motion to Dismiss, or in the Alternative, for
Summary Judgment [ECF No. 13]. For the reasons discussed
below, the motions are granted.
claims arose from an incident on November 13, 2014 at the
Re-Entry Sanctions Center (“RSC”) operated by the
Court Services and Offender Supervision Agency
(“CSOSA”). Compl. at 2 (page number designated by
the Court); Fed. Defs.' Mem. of P & A. in Support of
Fed. Defs.' Mot. to Dismiss, or in Alternative, for Summ.
J. (“Fed. Defs.' Mem.”), Leonard Decl.
¶¶ 1-2. Plaintiff and the other resident involved
in the incident had been referred to the RSC “due to
substance abuse issues.” Leonard Decl. ¶ 8. They
“were roommates while housed at the RSC.”
Id. Roger Leonard and Benjamin Treadwell were
substance abuse counselors at the RSC. Def.'s Mem.,
Treadwell Decl. ¶ 1; Leonard Decl. ¶ 1. Neither Mr.
Leonard nor Mr. Treadwell were aware of any animosity
between, or any prior incident involving, plaintiff and the
other resident. Leonard Decl. ¶ 8; Treadwell Decl.
to plaintiff, while he was speaking with Mr. Leonard in the
hand scan room, the other resident entered the room, sat on
Mr. Leonard's desk, and refused to leave when “Mr.
Leonard told [him] that he was not finish[ed] talking to
[plaintiff].” Compl. ¶ 2. At that time, the other
resident allegedly called plaintiff “derogatory names,
” and “started striking [plaintiff]
viciously.” Id.; see Jenkins Decl.,
ECF No. 15 ¶¶ 2-3. Plaintiff claimed that
“[t]here was no intervention by anyone until [the other
resident] stop[ped] his attack . . . and left the room on his
[own].” Compl. at 2.
Leonard described the incident as follows:
2. While serving in the capacity of Substance Abuse
Counselor, I was involved in an altercation that took place
on November I 3, 2014 at the RSC. On that date, I was in the
hand scan room at the RSC speaking with [plaintiff] about an
incident that occurred the day before. I was sitting on a
chair that was facing the computer in that room while
[plaintiff] was sitting in a chair that was facing the
opposite direction toward the doorway to the 6th
3. While speaking with [plaintiff], another RSC resident
appeared in the doorway to the hand scan room. I asked the
resident to leave and return when I was finished speaking
with [plaintiff]. The other resident then left, and returned
approximately five to ten minutes later.
4. When [plaintiff] saw the resident standing in the doorway
he made an obscene comment about the resident's mother;
specifically that [plaintiff] called the other resident's
mother a “bitch.” Apparently a few days earlier
both [plaintiff] and the resident were in a group meeting at
the RSC during which the other resident shared that his
mother had passed away while he was holding her.
5. After [plaintiff] made the comments, he got up from the
chair and walked toward the resident. Because of where I was
standing I could not tell whether the other resident walked
toward [plaintiff] first, or whether [plaintiff] walked
toward him first. At that point I turned my chair to face
[plaintiff] and the resident, both of whom were already in
the middle of the hand scan room attempting to punch each
other. From my vantage point, I could not discern who
attempted first contact.
6. I immediately called for assistance from Substance Abuse
Counselor, Benjamin Treadwell, who entered the room and stood
between the two men, at which time both men stopped fighting.
Security personnel then entered the room and kept both men
away from each other. To my best recollection, the entire
altercation between the two residents lasted approximately
thirty (30) seconds to one (1) minute. I was not aware of any
animosity or any prior incident between [plaintiff] and the
7. At some point, [plaintiff] had a bruise on his face. I do
not have any recollection or information as to when the
injury occurred. Because of his injury, security personnel
escorted [plaintiff] to the RSC's medical unit.
[Plaintiff] was later seen at Providence Hospital where he
was diagnosed with having a contusion and was prescribed
ibuprofen for pain.
Leonard Decl. ¶¶ 2-7.
Mr. Treadwell entered the room, he “observed an
incident . . . wherein the two men were trying to grab each
other.” Treadwell Decl. ¶ 2. He believed the
“altercation . . . to be more of a verbal exchange than
a physical exchange, ...