United States District Court, District of Columbia
C. LAMBERTH UNITED STATES DISTRICT JUDGE
the Court is defendants' motions to dismiss. ECF Nos. 17
and 25. Upon consideration of the pleadings and the
applicable law, the Court GRANTS in part-as
to Counts 1, 2, and 5-and declines to exercise jurisdiction
over the remaining claims-Counts 3 and 4. For the reasons
listed below, the Court DISMISSES Counts 1,
2 and 5, and REMANDS the remainder of the
case to the Superior Court of the District of Columbia.
February 23, 2016, the plaintiff Keith Anderson, pleaded
guilty to a kidnapping charge and entered into a sentencing
agreement, which would reduce the charge to a misdemeanor if
certain conditions were met. ECF No. 13, Second Am. Compl.
¶ 26. Approximately one month later, Mr. Anderson was
arrested and charged with burglary. Id. ¶ 27.
On March 24, 2016, the Superior Court of the District of
Columbia ordered plaintiff to undergo a full competency
evaluation. Id. ¶ 33. And on April 21, 2016,
the court found Mr. Anderson incompetent and committed him to
St. Elizabeths Hospital to participate in inpatient
competency restoration. Id. ¶ 35. Mr. Anderson
remained at St. Elizabeths Hospital from April 2016 to
October 2016. Id. ¶ 51. He pleads that he was
not provided medication from April 2016 to July 18, 2016.
Id. ¶ 43.
Anderson filed the present suit on September 14, 2017 in
Superior Court of the District of Columbia. Defendant
District of Columbia removed the case on October 16, 2017 to
this Court. Mr. Anderson twice amended his complaint. In the
second amended complaint, he alleges (1) that under 42 U.S.C.
§ 1983 all the defendants violated his Eighth Amendment
"right to timely and adequate medical treatment"
(Count 1); (2) under 42 U.S.C. 1983 that all the defendants
violated his Fifth Amendment to receive "essential
care" (Count 2); (3) that all defendants were negligent
in not providing him proper care (Count 3); (4) that
defendant District of Columbia was negligent in not providing
proper training and supervision to the doctors and medical
professionals at St. Elizabeths Hospital (Count 4); and (5)
that under 42 U.S.C. 1983 defendant District of Columbia
violated his Fifth and Eighth Amendment rights by failing to
properly train and supervise medical personnel at St.
Elizabeths (Count 5).
survive a motion to dismiss pursuant to Federal Rule of Civil
Procedure 12(b)(6), "a complaint must contain sufficient
factual matter, accepted as true, to 'state a claim to
relief that is plausible on. its face.'"
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting
Bell Ad. Corp. v. Twombty, 550 U.S. 544, 570
(2007)). When considering a motion to dismiss under Rule
12(b)(6), "the court must assume 'all the
allegations in the complaint are true (even if doubtful in
fact),' and the court must give the plaintiff the benefit
of all reasonable inferences derived from the facts
alleged.'" Aktieselskabet AF 21. Nov. 2001 v.
Fame Jeans Inc., 525 F.3d 8, 17 (D.C. Cir. 2008)
(internal citations omitted).
is facially plausible when "the plaintiff pleads factual
content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged." Iqbal, 556 U.S. at 678 (citing
Twombly, 550 U.S. at 556). While the factual
allegations in the complaint need not be
"detailed," the Federal Rules require more than
"an unadorned, the-defendant-unlawfully-harmed-me
accusation." Id. (citing Twombly, 550
U.S. at 555). The facts alleged in the complaint "must
be enough to raise a right to relief above the speculative
level." Twombly, 550 U.S. at 555.
Constitutional Claims Under 42 U.S.C. 1983-Counts 1, 2, and
Anderson alleges that under 42 U.S.C. 1983 the defendants
failed to properly medicate him in violation of his Fifth and
Eighth Amendment rights (Counts 1 and 2). Mr. Anderson
further alleges that under 42 U.S.C. 1983 defendant District
of Columbia violated his Fifth and Eighth Amendment rights by
failing to properly train and supervise medical personnel at
St. Elizabeths (Count 5).
Defendants' Motion to Dismiss Counts 1 and 2
District of Columbia (the District), Mayor Muriel Bowser,
Director of the District of Columbia Department of Behavioral
Health Director Tanya Royster, and Chief Executive Officer of
Saint Elizabeths Hospital Mark J. Chastang, in their official
capacities (Official Capacity Defendants), moved to dismiss
Counts 1 and 2. ECF No. 17. Defendant Benjamin Adewale-a
psychiatrist at St. Elizabeths-separately moved to dismiss
those counts. ECF No. 25.
considering whether a plaintiff has stated a claim for
municipal liability [under Section 1983], the district court
must conduct a two-step inquiry. First, the court must
determine whether the complaint states a claim for a
predicate constitutional violation. Second, if so, then the
court must determine whether the complaint states a claim
that a custom or policy of the municipality caused the
violation." Baker v. District of Columbia, 326
F.3d 1302, 1306 (D.C. Cir. 2003) (internal citations
omitted). The D.C. Circuit clarified in Baker that
"all that is being established at [the first step of ...