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Johnson v. District of Columbia

The D.C. Circuit affirmed in part and reversed in part the district court in consolidated cases in which an off-duty policy officer inadvertently ended up in the middle of a drug bust and allegedly was repeatedly kicked in the groin by a police officer who mistook him for a criminal. The plaintiff sued the officer who allegedly kicked him, as well as the District of Columbia. The appeals court reversed the district court's judgment in favor of the defendant officer and remanded the matter for trial on the plaintiff's Section 1983 claim. The appeals court affirmed, however, the trial court's judgment in favor of the District on the plaintiff's common law claims.

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Argued April 8, 2008

Before: GINSBURG and GRIFFITH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Juan Johnson is a police officer whose off-duty act of kindness to a stranger in distress landed him in the middle of a drug bust in which he was repeatedly kicked in the groin by a police officer who mistook him for a criminal. Johnson claims he was a victim of police brutality and sues both the officer alleged to have kicked him and the District of Columbia. We consider whether the accused officer is entitled to qualified immunity, and whether a local statute displaces Johnson’s common law claims against the District.

 
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