Scahill v. District of Columbia, No. 17-7151 (D.C. Cir. 2018)Annotate this Case
The DC Circuit affirmed the district court's dismissal of claims related to conditions placed by the D.C. Alcoholic Beverage Control Board on the liquor license of the Alibi restaurant. The court held that HRH properly invoked the curable defect exception to issue preclusion, and the district court erred by rejecting HRH's proposed second amended complaint that included allegations about the Board's enforcement action that would have cured the standing defect.
On the merits, the court affirmed the dismissal of HRH's First Amendment retaliation claim because, even assuming the facts alleged in the complaint were true, the record showed that retaliation was not a plausible conclusion. The court also affirmed the dismissal of the commercial association claim based on the same reasoning as the retaliation claim; the dismissal of the right to travel claim in light of Hutchins v. District of Columbia, 188 F.3d 531, 537-38 (D.C. Cir. 1999); and procedural due process claim based on the failure to identify a cognizable liberty or property interest.