Court Dismisses Lawsuit After Fatal Police Shooting

A District of Columbia federal court has dismissed a lawsuit against the DC police alleging negligence and civil rights violations in a police shooting incident for not properly relaying information from the 911 caller to officers on-scene. The court ruled that Naishia Davis failed to provide evidence that “a policy or practice of the defendant gave rise to the alleged constitutional violation.” David dialed 911 in 2009 when her boyfriend James Miller Jr. had locked himself in their apartment bathroom, was paranoid and suicidal, and she was fearful of him. The dispatcher took information, but classified the incident as an “unwanted guest,” without mentioning Davis’ other description of the situation. The arriving officers escorted Davis and her children out of the apartment, forced their way into the bathroom, saw Miller pointing a gun at them, and fatally shot him. Davis filed the lawsuit alleging negligence on several fronts, and violation of Miller’s civil rights. But the District Court granted the District’s request for a dismissal, saying the lawsuit did not provide sufficient proof of “deliberate indifference” by the District when training the officers or handling dispatcher. The lawsuit also did not demonstrate that the District had a policy or practice causing the violation. Download (pdf) the full lawsuit and other court documents here.