Wesby, et al. v. DC, et al., No. 12-7127 (D.C. Cir. 2014)Annotate this Case
The District and two police officers appealed the district court's liability determinations resulting from the grant of partial summary judgment against them. The district court granted partial summary judgment in plaintiffs' favor because no reasonable officer in their shoes could have found probable cause to arrest any of the plaintiffs. The officers arrested everyone present at a party for unlawful entry because the host of the party had not finalized any rental agreement and so lacked the right to authorize the party. The court concluded that the officers lacked probable cause for the arrest because it was undisputed at the time that the arresting officers knew plaintiffs had been invited to the house by a woman that they reasonably believed to be its lawful occupant. The court also concluded that the officers lacked probable cause to arrest for disorderly conduct because the evidence failed to show any disturbance of sufficient magnitude to violate local law. Accordingly, the court affirmed the district court's grant of summary judgment to plaintiffs on the ground that the arrests violated their clearly established Fourth Amendment rights and District of Columbia law against false arrest. The court also affirmed the district court's holding that the District was liable for negligent supervision because the supervising police sergeant at the scene also overstepped clear law in directing the arrests.
The court issued a subsequent related opinion or order on February 8, 2016.
- WESBY et al v. DISTRICT OF COLUMBIA et al, No. 1:2009cv00501 (D.D.C. Jan. 18, 2012)
- District of Columbia v. Wesby, No. 15-1485 (U.S. Jan. 22, 2018)