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K.A. v. District of Columbia

2026-09-28

Authorities cited

Opinion

majority opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

K.A.,

Plaintiff,

Civil Action No. 25 - 2930 (SLS)

v. Judge Sparkle L. Sooknanan

DISTRICT OF COLUMBIA, et al.,

Defendants.

MEMORANDUM OPINION

This case involves the horrific sexual abuse of a minor in the custody and care of the

District of Columbia juvenile justice system. Kelvin Powell, a 60-year-old employee of the

District, groomed and sexually assaulted K.A., a minor girl detained at the District’s Youth

Services Center. After several months, K.A. courageously reported Mr. Powell’s abuse, and he

was criminally charged and sentenced to 20 years of incarceration for his crimes. K.A. then

commenced this lawsuit against Mr. Powell and the District of Columbia under 42 U.S.C. § 1983

and District law. As to the District, K.A. alleges (1) municipal liability; (2) negligence;

(3) negligent retention, training, and supervision; and (4) intentional and negligent infliction of

emotional distress. The District has moved for partial dismissal under Federal Rule of Civil

Procedure 12(b)(6), seeking to dismiss all but K.A.’s simple negligence claim. The District

attempts to distance itself from Mr. Powell’s crimes, arguing that it is not responsible for the sexual

abuse that occurred under its watch. For the reasons that follow, the Court denies the District’s

motion, finding that K.A. has sufficiently alleged her claims at this early stage. This case will

proceed to discovery and then to summary judgment or trial.

BACKGROUND

A. Factual Background

The Court draws the facts, accepted as true, from the Plaintiff’s Amended Complaint.

Wright v. Eugene & Agnes E. Meyer Found., 68 F.4th 612, 619 (D.C. Cir. 2023).

1. The District’s Juvenile Detention Facilities and Staffing Policies

The District of Columbia is responsible for ensuring the safety, protection, and wellbeing

of the children housed in its juvenile detention system—including protecting them against sexual

abuse and assault. Am. Compl. ¶¶ 9, 10, 15, ECF No. 19. Through its Department of Youth and

Rehabilitative Services (DYRS), the District operates the Youth Services Center (YSC), a

detention center that houses girls and boys. Id. ¶ 12. There are generally three categories of YSC

staff: (1) Youth Development Representatives (YDRs), (2) Supervisory Youth Development

Representatives (SYDRs), and (3) control room staff. Id. ¶¶ 20–22.

• YDRs are the main point of contact for detained youth. Id. ¶ 20. Their primary

responsibilities are to ensure the safe, healthy, and orderly detention of children housed at

YSC. Id. They are the equivalent of corrections officers. Id. They provide observation,

supervision, and counseling to young people in YSC housing units. Id.

• SYDRs oversee YDRs. Id. ¶ 21. They have offices in each unit, and they monitor and/or

review video surveillance footage of their unit. Id. YSC’s surveillance system includes

about 150 cameras that record and store footage, including cameras in the girls’ unit, other

housing units, the intake room, hallways, and all rooms where detained young people are

held or gathered. Id. ¶ 67–68.

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• Control room staff primarily monitor security cameras, though they have additional

responsibilities such as managing phone calls, opening and closing doors via switchboard,

tracking visitors, and communicating with staff. Id. ¶ 22.

Historically, the District’s juvenile detention facilities, including YSC, have been plagued

with insufficient staffing and assaults on children housed there. Id. ¶ 16. This culminated in the

Jerry M. litigation, initiated in 1985, where a class of plaintiffs sued the District for Fifth and

Eighth Amendment violations related to their confinement. Id.; see also District of Columbia v.

Jerry M., 571 A.2d 178, 180–183 (D.C. 1990) (partially summarizing the litigation). The District

resolved this matter through a consent decree, which the D.C. Superior Court supervised for 35

years. Id. ¶¶ 16–18. In part, the consent decree was intended to address the insufficient staffing

levels at YSC. Id. ¶ 17. In 2021, the Parties entered into a settlement agreement to terminate the

consent decree. Id. ¶ 18. As part of this settlement, the District established an Office of

Independent Juvenile Justice Facilities Oversight (OIJJFO) to independently investigate, monitor,

and publicly report on the health and safety of children housed at DYRS facilities. Id. Among other

things, OIJJFO recognized that “appropriate staffing levels are foundational to ensuring the safety

and wellbeing of youth and staff within the District’s juvenile detention facilities.” Id. ¶ 19.

K.A. alleges that throughout the period relevant to this case—between October 2021 and

February 2022—the District was on notice of the minimum staffing levels required to ensure

resident safety at YSC. Id. ¶¶ 23, 25–26. Specifically, YSC required at least two YDRs in all

housing units and in the control room from 6:30 AM to 10:30 PM, and at least one YDR on these

posts from 10:30 PM to 6:30 AM. Id. ¶ 23. The District documented this court-ordered minimum

staffing requirement in the “Youth Services Center Modified Post Analysis and Staffing

Complement,” dated January 6, 2014, and stated that it adhered to these minimum staffing levels.

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Id. In addition, K.A. alleges that the District had longstanding policies or practices of assigning a

female YDR to the girls’ unit, assigning a female YDR to transport detained girls within the

facilities, and not leaving male staff alone on the girls’ unit. Id. ¶ 54. These policies were designed

to prevent sexual abuse in the District’s facilities. Id.

According to K.A., the District disregarded these policies and insufficiently staffed YSC.

Id. ¶¶ 24, 55. K.A. alleges that throughout the relevant period, the District operated the control

room and girls’ housing unit with only one YDR during the AM and PM shifts. Id. ¶ 24.

Additionally, the District “customarily allowed male staff to be left alone in girl[s’] units, for male

staff to not announce themselves when they enter[ed] girl[s’] units, and to allow male staff to

transport girls alone throughout the facility.” Id. ¶ 55.

OIJJFO reports confirm these staffing shortages. Id. ¶¶ 25–27. Between 2021 and 2022,

OIJJFO assessed staffing levels at DYRS’s two detention facilities, including YSC. Id. ¶ 25. The

resulting study—which examined staffing levels between November 2021 and February 2022––

described “acute staffing shortages” impacting both YDRs and SYDRs. Id. For example, as of

December 6, 2021, YSC had 28 YDRs and one SYDR less than the minimum deemed necessary

to meet safety requirements. Id. ¶ 26. According to the OIJJFO study, this was “the fewest number

of staff at YSC since shortly after the YSC Post Analysis was developed in January 2014.” Id.

Furthermore, during OIJJFO’s December 2021 monitoring, many of the housing units were staffed

with only one YDR in violation of DYRS’s policy. Id.

OIJJFO provided DYRS with preliminary findings from its study on December 13, 2021,

and a draft report on January 21, 2022. Id. ¶ 27. On February 4, 2022, the DYRS Director

responded to OIJJFO, claiming that the facilities, including YSC, were now adequately staffed. Id.

¶ 32. Despite the DYRS Director’s claims, the report notes that DYRS staffing numbers at the end

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of January 2022 were similar to the insufficient staffing levels reported in early December 2021.

Id. OIJJFO publicly reported its findings on February 9, 2022. Id. ¶ 27.

2. Abuse of K.A.

K.A., a minor girl, was housed at YSC between October 2021 and June 2022. Id. ¶ 8. When

K.A. arrived at YSC in October 2021, she was identified as being at risk of sexual abuse and

victimization. Id. ¶ 51. For several months of her detention, Kelvin Powell, a 60-year-old male

YDR, repeatedly sexually assaulted her. Id. ¶¶ 1, 2, 13, 29.

Mr. Powell began grooming K.A. almost immediately. Id. ¶ 29. He started building

intimacy with her by spending one-on-one time and engaging in personal conversations. Id. ¶ 59.

In addition, he openly gave prohibited favors to K.A.—such as bringing outside meals and granting

special privileges—without reprimand from his supervisors. Id. ¶¶ 58–59. In fact, it was customary

for DYRS staff and supervisors to regularly grant these sorts of prohibited favors in violation of

DYRS policy. Id. ¶ 58. Mr. Powell also moved K.A. from her unit to make phone calls in an

individual staff office. Id. ¶¶ 61–63. YSC control room staff assisted Mr. Powell as he gained

access to different parts of YSC alone with K.A. Id. ¶ 64. And he “never announced his presence

on the girl[s’] A100 unit where K.A. was housed, [] was regularly the lone YDR on the girl[s’]

unit, and was regularly the lone YDR escorting K.A. throughout the facility.” Id. ¶ 56.

From December 2021 until February 2022, Mr. Powell repeatedly sexually assaulted K.A.

Id. ¶¶ 60, 65. These assaults occurred “inside of the girl[s’] unit, [K.A.’s] cell, multipurpose

rooms, hallways, and other locations in YSC[.]” Id. ¶ 65. Mr. Powell sexually assaulted K.A. “by

kissing her, groping her breasts and buttocks; standing outside of her cell and directing her to

disrobe and touch herself, forcing her to perform and receive oral sex, penetrating her with his

penis, [and] rubbing his penis against her buttocks.” Id.

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YSC’s cameras captured much of Mr. Powell’s conduct. Id. ¶¶ 69–70. For example,

surveillance footage showed him “repeatedly entering and exiting K.A.’s cell alone; . . . gesturing

for K.A. to go into rooms throughout the YSC, and [] following behind her; . . . making sexual

gestures to K.A.; . . . adjusting his mask as he enter[ed] and exit[ed] these various rooms with K.A;

. . . grabbing the buttock of K.A. as she [was] in hallway decorating a staff office door, and . . .

taking K.A. to various parts of [] YSC alone.” Id. ¶ 69. In addition, surveillance footage showed

that Mr. Powell was the lone staff member on the girls’ unit—which DYRS staffed with only one

YDR during the AM and PM shifts. Id. ¶¶ 24, 69. Yet Mr. Powell’s actions were not reviewed,

corrected, or disciplined by SYDRs. Id. ¶ 57. Furthermore, because the District failed to train them,

control room staff and SYDRs customarily did not monitor or review surveillance cameras to

prevent or identify grooming or sexual assault by YDRs. Id. ¶ 71. In fact, no one viewed or acted

on the footage showing Mr. Powell’s grooming behavior and repeated violations of staffing policy.

Id. ¶ 72.

Many of Mr. Powell’s assaults occurred as OIJJFO staff reported the results of their study

about staffing levels at YSC to DYRS leadership. Id. ¶ 30. Mr. Powell was alone with K.A. and

abused her on December 15, 2021 (two days after DYRS leadership received the preliminary

findings) and January 22, 2022 (the day after DYRS received the draft report). Id. ¶¶ 30, 31.

Mr. Powell also raped K.A. in February 2022 soon after the DYRS Director claimed that YSC was

appropriately staffed. Id. ¶¶ 32, 33.

K.A. was also subjected to sexual misconduct by other DYRS employees. Id. ¶ 73.

Specifically, in February 2022, a female DYRS employee “used her phone to show photos of her

own naked breasts to K.A. and other girls, told them about her sex life and kissed K.A.” Id. This

employee also repeatedly worked while noticeably intoxicated. Id.

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Mr. Powell continued abusing K.A. until she bravely reported him. Id. ¶ 33. In July 2025,

Mr. Powell was convicted on 16 counts related to his sexual abuse of K.A. and sentenced to 20

years’ incarceration. Id. ¶ 3. The judge presiding over Mr. Powell’s sentencing later told K.A.:

“DYRS did not protect you . . . . They did not protect you from the behavior that was going on

right under their nose.” Id. ¶ 4.

As a result of the Defendants’ actions, K.A. “has suffered physical harm, has and will

continue to suffer severe emotional distress, humiliation and embarrassment, and has [and] will be

prevented from obtaining the full enjoyment of life, among other losses” Id. ¶ 77. She will also

incur expenses for medical and psychological services. Id.

3. The District’s Knowledge

K.A. alleges that the District was “on notice” that Mr. Powell “was a sexual predator.” Id.

¶ 34. In support, K.A. contends that Mr. Powell was open about his sexual attraction to young girls

and DYRS detainees. Id. ¶ 35. For example, he often sexualized girls in conversations with other

staff members, making comments such as: “Fifteen and sixteen, pussy big, asshole blown out, I

ain’t got no sympathy for them.”; “I’m an old man. What do I want an old bitch for?”; “Where the

young girls at?”; and “I would like some of that!” Id. ¶ 36.

These comments were not hypothetical. K.A. alleges that Mr. Powell repeatedly engaged

in sexual misconduct before and after he sexually abused her. First, between roughly 2017 through

2019, Powell served on the YSC Abscondence Unit, which travelled in DYRS vehicles to locate,

detain, and transport youth in the community to return them to YSC. Id. ¶ 38. During these trips,

Mr. Powell attempted to recruit D.V., a young woman detained for prostitution in North Carolina,

as a prostitute. Id. ¶ 39. He told other DYRS employees that D.V. was from a specific website

known for advertising sex work. Id. He also spent part of the drive sitting in the back of the

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transport van alone with D.V.—aligning with his known habit of switching positions in the van to

sit closer to detained girls. Id. Second, in the years before K.A.’s assault, during a DYRSsponsored public community event, Mr. Powell openly kissed a formerly detained young woman.

Id. ¶ 40. Third, Mr. Powell sexually assaulted another young girl, A.M, in the video-monitored

YSC intake room: He “touched A.M.’s buttocks, rubbed her thighs, . . . made sexual comments to

her[,] . . . [and] described her as having a ‘grown woman’s body.’” Id. ¶ 41. Mr. Powell then

openly pursued A.M. in the community upon her release from YSC, attempting to lure her into

child sex trafficking. Id. Fourth, DYRS employees frequently saw Mr. Powell with another former

DYRS resident, X.W., with whom he had sexual intercourse. Id. ¶ 42. Mr. Powell also told at least

one DYRS coworker that X.W. had asked him for money for an abortion. Id. Fifth, in August 2018,

Mr. Powell assaulted a detained girl, E.S. Id. ¶ 44. Two DYRS staff members witnessed

Mr. Powell touch E.S.’s “vaginal and thigh areas in the video-monitored YSC intake room.” Id.

Sixth, also in August 2018, Mr. Powell had intercourse with a different detained girl, A.B. Id. ¶ 43.

He approached A.B., who was 17 years old and frequently detained at YSC, directly in front of

the DYRS office building to get her phone number. Id. K.A. alleges that DYRS staff knew that

Mr. Powell was sexually assaulting A.B. and saw Mr. Powell give A.B. his number outside the

DYRS office building. Id. Finally, Mr. Powell was frequently paid to facilitate sex between young

girls and DYRS staff. Id. ¶ 37. In fact, DYRS staff referred to him as “Red Roof Inn” because he

brought girls released from YSC to hotels for sex. Id.

K.A. also alleges that DYRS failed to act on abuse when it was reported. A few weeks after

Mr. Powell assaulted E.S., he approached one of the staff members who witnessed the assault and

showed him a video of him and A.B. having intercourse. Id. ¶ 45. The staff member reported the

video to the staff member who witnessed Mr. Powell assaulting E.S. Id. That second staff member

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then formally reported to DYRS supervisors that they witnessed Mr. Powell assaulting E.S. Id.

¶ 46. However, DYRS never investigated the assault, never conducted interviews of the staff

member or Mr. Powell, and never issued any discipline. Id. A.B. herself also reported to YSC staff

that another staff member in a black shirt had been paying her to have sexual intercourse. Id. ¶ 47.

A small group of staff members on the Abscondence Unit, which included Mr. Powell, were

known to wear black shirts. Id. Despite A.B.’s report, which reached a supervisor, DYRS did not

question these Abscondence Unit staff members. Id. ¶ 48. DYRS also failed to report either of

these abuse incidents to the Child and Family Services Agency or law enforcement officers, as

required by law. Id. ¶ 49.

B. Procedural Background

In June 2025, K.A. initially sued the District of Columbia; Sam Abed, in his official

capacity as DYRS Director; and Kelvin Powell in D.C. Superior Court. See Compl., ECF No. 1-1. The District and Director Abed timely removed the case to this Court on the basis that it raised

federal questions. See Not. of Removal, ECF No. 1. K.A. later amended her Complaint. K.A.’s

Amended Complaint includes seven claims: (1) municipal liability by the District, Am. Compl.

¶¶ 80–84; (2) negligence by the District, id. ¶¶ 85–97; (3) negligent retention, training, and

supervision by the District, id. ¶¶ 98–106; (4) negligent and intentional infliction of emotional

distress by the District and Mr. Powell, id. ¶¶ 107–128; (5) Fifth Amendment due process

violations, under 42 U.S.C. § 1983, by Mr. Powell, id. ¶¶ 129–133; (6) sexual assault by

Mr. Powell, id. ¶¶ 134–138; and (7) false imprisonment by Mr. Powell, id. ¶¶ 139–142.1 The

Amended Complaint no longer lists Director Abed as a Defendant. Id. ¶ 80–142. In addition, the

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The Amended Complaint technically lists eight counts but erroneously skips “Count V”. See Am. Compl., ¶¶ 80–142.

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Clerk issued an Entry of Default as to Mr. Powell in December 2025. See Entry of Default, ECF

No. 13. The District now moves for partial dismissal under Federal Rule of Civil Procedure

12(b)(6). See Def.’s Partial Mot. to Dismiss Am. Compl. (Mot.), ECF No. 20. The motion is fully

briefed. See Pl.’s Opp’n, ECF No. 21; Def.’s Reply, ECF No. 22.

LEGAL STANDARD

Under Rule 12(b)(6), a court will dismiss a complaint that does not “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 Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

When reviewing a motion to dismiss under Rule 12(b)(6), courts “must construe the complaint ‘in

favor of the plaintiff, who must be granted the benefit of all inferences that can be derived from

the facts alleged.’” Hettinga v. United States, 677 F.3d 471, 476 (D.C. Cir. 2012) (quoting Schuler

v. United States, 617 F.2d 605, 608 (D.C. Cir. 1979)). But courts need not accept as true “a legal

conclusion couched as a factual allegation” nor an inference unsupported by the facts set forth in

the complaint. See Trudeau v. FTC, 456 F.3d 178, 193 (D.C. Cir. 2006) (quoting Papasan v. Allain,

478 U.S. 265, 286 (1986)).

DISCUSSION

The District moves to dismiss K.A.’s claims for (1) municipal liability; (2) negligent

retention, training, and supervision; and (3) intentional and negligent infliction of emotional

distress—arguing that each fails to state a claim. The Court disagrees and finds that K.A.’s claims

all survive dismissal at this early stage.

A. Municipal Liability

In certain circumstances, individuals may sue a municipality under 42 U.S.C. § 1983 for

policies or practices that result in a constitutional violation. See Monell v. Dep’t. of Soc. Servs. of

New York, 436 U.S. 658 (1978). To state a Monell claim, a plaintiff must properly allege: (1) “a

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predicate constitutional violation” and (2) “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). Generally, an

official custom or policy exists in four circumstances:

when (1) the municipality adopts a policy that itself violates the Constitution; (2) the

unconstitutional action was taken by a policy maker within the government; (3) the

employees’ unconstitutional actions are so consistent that they have become a custom of

the municipality of which the supervising policymaker must have been aware; or (4) the

municipality knew or should have known of a risk of constitutional violations, but showed

deliberate indifference to that risk by failing to act.

Hurd v. District of Columbia, 997 F.3d 332, 337 (D.C. Cir. 2021) (cleaned up). Importantly, local

governments “are not liable for injuries inflicted solely by their employees or agents.” Frederick

Douglass Found., Inc. v. District of Columbia, 82 F.4th 1122, 1136 (D.C. Cir. 2023). This is

because the municipality’s policy or practice must be the “moving force” behind the violation.

Monell, 436 U.S. at 694.

At the outset, K.A. successfully identifies a predicate constitutional violation. She contends

that as a pretrial detainee, she was entitled to Fifth Amendment protections, including the right to

have detention officials take reasonable measures to protect her safety. Am. Compl. ¶¶ 81, 130.

And she alleges that the District deprived her “of her basic human need for safety,” id. ¶ 82, and

subjected her to “glaringly inadequate safety conditions,” id. ¶ 84; see Colbert v. District of

Columbia, 78 F. Supp. 3d 1, 8 (D.D.C. 2015) (“A citizen’s liberty interest, protected by substantive

due process, includes a right to be free of damage to bodily integrity and security caused by the

State.”). She has thus carried her burden at this initial step. See Baker v. District of Columbia, 326

F.3d 1302, 1306 (D.C. Cir. 2003) (explaining that, at this stage, “[a]ll that is being established . . .

is that there is some constitutional harm suffered by the plaintiff, not whether the municipality is

liable for that harm”).

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What is left, then, is whether K.A. can show that the District maintained a custom or policy

that caused this constitutional violation. K.A. pursues Monell liability “pursuant to the third and

fourth pathways.” Opp’n at 13. Specifically, she alleges “that the District maintained

constitutionally injurious customs, and that the government failed to respond to a need to the point

of deliberate indifference to the risk of constitutional violations.” Id. The Court takes these in turn.

1. Custom

Under the third pathway, a plaintiff can sufficiently allege Monell liability by showing “the

adoption” of a policy “through a knowing failure to act by a policy maker of actions by his

subordinates that are so consistent that they have become ‘custom[.]’” Baker, 326 F.3d at 1306

(quoting City of St. Louis v. Praprotnik, 485 U.S. 112, 130 (1988)); see also Singletary v. District

of Columbia, 766 F.3d 66, 73 (D.C. Cir. 2014) (explaining that a municipal policymaker is “one

with authority to ‘establish governmental policy’” (quoting Pembaur v. City of Cincinnati, 475

U.S. 469, 481 (1986)). This must be “persistent and widespread,” Connick v. Thompson, 563 U.S.

51, 61 (2011), and “so engrained that it amounted to a ‘standard operating procedure’ of which

municipal policymakers must have been aware.” Hurd, 997 F.3d at 338 (quoting Jett v. Dallas

Indep. Sch. Dist., 491 U.S. 701, 737 (1989)). That said, at the motion-to-dismiss stage, there is no

magic number that a plaintiff must meet when identifying examples that amount to a custom. See

Carter v. District of Columbia, 795 F.2d 116, 124 (D.C. Cir. 1986) (clarifying that strict numerical

standards do not control the inquiry, especially when the misconduct is particularly egregious);

Bah v. District of Columbia, No. 23-cv-1248, 2024 WL 983329, at *6 (D.D.C. Mar. 7, 2024)

(explaining that any numerical standard is lower at the motion to dismiss stage). Here, K.A. alleges

two customs: (1) “insufficient staffing and supervision” and (2) “turning a blind eye to sexual

misconduct by DYRS staff.” Opp’n at 13–14. At this early stage, K.A.’s allegations suffice.

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First, K.A. alleges that the District maintained a custom of “failing to adequately staff and

supervise YSC.” Opp’n at 15. As K.A. explains, the District was aware of “[i]nsufficient staffing

levels endangering the detained youth at YSC” as early as the 1985 Jerry M. litigation and the

resulting consent decree. Am. Compl. ¶ 16. And the OIJJFO study in 2021 and 2022 further

highlighted YSC’s staffing shortages and the importance of adequate staffing to the safety and

wellbeing of children detained at YSC. Id. ¶¶ 19, 25, 26. Despite this, K.A. alleges that inadequate

staffing persisted at YSC. For example, the District routinely violated both its rule of assigning

two YDRs to a unit during daytime and its longstanding practice of assigning female YDRs to

monitor the girls’ unit and provide transport. Id. ¶¶ 23–24, 54–56.

The District does not strenuously dispute its awareness of these inadequate staffing levels.

See Reply at 3. Instead, it states that K.A. “fails to flesh out the requisite nexus between YSC

staffing levels and her alleged sexual assault by Defendant Powell.” Id. It argues that K.A. offers

“no non-conclusory allegations, from the OIJJFO Report or elsewhere, that her sexual assault over

a three-month period was a reasonably foreseeable result of staffing levels.” Id. at 4. The District

is correct that a plaintiff must allege “an ‘affirmative link,’ such that a municipal policy was the

‘moving force’ behind the constitutional violation.” Baker, 326 F.3d at 1306 (first quoting City of

Oklahoma City v. Tuttle, 471 U.S. 808, 823 (1985); then quoting City of Canton v. Harris, 489

U.S. 378, 389 (1989)). In this context, “moving force” is akin to proximate causation. See Smith

v. District of Columbia, 413 F.3d 86, 102 (D.C. Cir. 2005). Put differently, “[t]he policy or custom

must be ‘closely related to the ultimate injury,’ and the court should inquire whether ‘the injury

[would] have been avoided’ in its absence.” Id. (alteration in original) (quoting City of Canton,

489 U.S. at 391). Here, the Court finds that K.A. has sufficiently alleged an affirmative link

between YSC staffing policies and her alleged constitutional injury.

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The Amended Complaint explains how adequate staffing levels relate to the safety and

wellbeing of DYRS youth. E.g., Am. Compl. ¶ 17 (discussing efforts “to bring DYRS into

compliance with the Consent Decree, including maintaining minimum staffing necessary to protect

youth from assault”); id. ¶ 19 (quoting OIJJFO’s recognition that “appropriate staffing levels are

foundational to ensuring the safety and wellbeing of youth and staff”); id. ¶ 54 (explaining that the

District’s previous long-standing policy of assigning female YDRs “was to prevent sexual abuse

in their facilities”). Construing all factual inferences in the light most favorable to K.A., she

plausibly articulates why YSC’s chronic understaffing and inadequate supervision allowed

Mr. Powell to groom and sexually assault her. See Am. Compl. ¶¶ 17, 19, 54. No more is needed

at the motion-to-dismiss stage. Indeed, “the question of whether a policy or custom is the moving

force behind alleged constitutional deprivations is normally a question for the jury.” Barnes v.

District of Columbia, 793 F. Supp. 2d 260, 285 (D.D.C. 2011).

Second, K.A. alleges that the District maintained a custom of turning a blind eye to sexual

misconduct against girls detained at YSC. Opp’n at 16–18. K.A. cites a 2018 incident involving

E.S. where DYRS staff formally reported Mr. Powell’s misconduct to supervisors. Am. Compl.

¶¶ 45, 46. And she describes another formal report around that same time, where DYRS

supervisors learned from A.B. that a member of the Abscondence Unit staff was paying her for

sexual intercourse. Id. ¶ 47. K.A. alleges that the District did not investigate these complaints or

take actions against Mr. Powell. Id. ¶¶ 46, 48. In addition to these formal reports, K.A. also claims

that DYRS staff and supervisors were aware of Mr. Powell’s depravity through informal means.

For example, K.A. cites the comments described above made to his coworkers about his attraction

to young girls, his “Red Roof Inn” nickname, and at least six additional incidents of misconduct

or assault around his time in the Abscondence Unit. See id. ¶¶ 34–50.

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The District counters that K.A.’s allegations are “just not enough” to show a persistent,

engrained, and widespread custom. Reply at 5. At this stage of the litigation, the District is wrong.

The D.C. Circuit has emphasized that the number of incidents alleged by a plaintiff is not

dispositive, particularly when those instances of misconduct are egregious. See Carter, 795 F.2d

at 124. Additionally, “courts unsurprisingly hold plaintiffs to a less demanding standard in terms

of the number of prior comparators at the motion-to-dismiss stage than at summary judgment.”

Bah, 2024 WL 983329, at *6. Here, construing the facts in their totality in K.A.’s favor—as the

Court must—she “raise[s] a reasonable expectation that discovery will reveal evidence” of further

misconduct. Twombly, 550 U.S. at 556. In addition to formal complaints that the District ignored,

Am. Compl. ¶¶ 45–47, K.A. cites multiple examples of Mr. Powell’s misconduct of which she

claims the District was aware, id. ¶¶ 34–50, plus security camera footage, id. ¶ 70, and misconduct

by other DYRS employees, id. ¶ 73. The fact that some of these allegations are vaguely dated or

occurred outside YSC may make them insufficient in isolation, but the Amended Complaint must

be “taken as a whole[.]” Bah, 2024 WL 983329, at *7. And read in its entirety, the Amended

Complaint plausibly alleged that the District maintained a custom of turning a blind eye to sexual

misconduct against girls detained at YSC.

2. Deliberate Indifference

K.A. also seeks to establish Monell liability under the fourth pathway, which requires that

she show that the District objectively “knew or should have known of a risk of constitutional

violations but showed ‘deliberate indifference’ to that risk by failing to act.” Hurd, 997 F.3d at 337

(quoting Baker, 326 F.3d at 1306). Deliberate indifference “does not require the [municipality] to

take reasonable care to discover and prevent constitutional violations. It simply means that, faced

with actual or constructive knowledge that its agents will probably violate constitutional rights,

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the [municipality] may not adopt a policy of inaction.” Warren v. D.C., 353 F.3d 36, 39 (D.C. Cir.

2004). In this context, “[a]ctual or constructive notice may be shown by demonstrating ‘[a] pattern

of similar constitutional violations[.]’” Hurd, 997 F.3d at 339 (alteration in original) (quoting

Connick, 563 U.S. at 62). However, such a pattern may not be necessary when a failure to train

results in a “patently obvious” unconstitutional consequence. Connick, 563 U.S. at 64. “The most

common way of establishing deliberate indifference is by demonstrating the municipality’s failure

to train its employees[.]” Harris v. Gov’t of D.C., No. 18-cv-2390, 2019 WL 3605877, at *4

(D.D.C. Aug. 6, 2019). However, courts “have also found deliberate indifference in . . . a

municipality’s failure to respond to repeated complaints about misconduct.” Id. (collecting cases).

As is typical in Monell cases, K.A.’s allegations under the third and fourth pathways

significantly overlap. See Tyson v. District of Columbia, No. 24-cv-1450, 2021 WL 4860685,

at *13 (“Where a plaintiff is alleging deliberate indifference based on a city’s failure to respond to

a pattern of misconduct . . . that analysis overlaps with the consideration of whether policymakers

knowingly ignored a custom under the third [pathway].”); Alexander v. Gov’t of D.C., No. 17-cv1885, 2020 WL 3573462, at *23 (D.D.C. July 1, 2020) (“[T]here is significant overlap in the

allegations supporting municipal liability under the third and fourth Baker prongs.”). K.A. alleges

that the District was deliberately indifferent to the risks of chronic insufficient staffing and

supervision, as well as the risks of failing to respond to its employees’ sexual misconduct. See Am.

Compl. ¶ 74. She contends that the customs identified in the third pathway prove that the District

knew about those risks—risks that she alleges caused the constitutional violations. Opp’n at 19.

Furthermore, she argues that “deliberate indifference is independently shown by specific

institutional failures,” id., such as failing to investigate formal reports against Mr. Powell, Am.

Compl. ¶¶ 46, 48, failing to fulfill DYRS’s mandatory reporting obligations involving abuse, id.

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¶ 49, failing to train staff to monitor surveillance footage, id. ¶ 71, failing to enforce minimum

staffing levels, id. ¶¶ 23–24, and failing to implement its long-standing rule of staffing female

YDRs in the girls’ unit, id. ¶¶ 54–55.

The District broadly makes three arguments in opposition, none of which succeed. First,

the District claims that it had no knowledge of the link between its staffing shortages and the threat

of assault for detained girls. Reply at 7. However, as the Court already discussed, the Amended

Complaint alleges otherwise. K.A. See Am. Compl. ¶¶ 16–19, 54, 76. Specifically, K.A. plausibly

alleges that the District knew—based on prior litigation and its own internal reports—that chronic

understaffing and inadequate supervision could lead to abuse yet decided not to fix the issues. Id.

¶¶ 24, 32.

Second, the District repeats its argument that there is no pattern of incidents from which

the Court could infer that the District was aware of Mr. Powell’s prior sexual misconduct.

Mot. at 16–17; Reply at 6–7. The Court has rejected this argument too, explaining that a plaintiff

need not allege some minimum number of incidents to establish a pattern. At the motion to dismiss

stage, K.A. has articulated a sufficient pattern of misconduct to raise a plausible inference that the

District turned a blind eye to what was happening at YSC. See Am. Compl. ¶¶ 34–50, 70, 73.

Finally, the District argues that any inadequate training related to monitoring YSC’s

surveillance footage was not the “moving force” behind K.A.’s constitutional injuries. Reply at 8–

9. It argues that the conduct actually captured on camera does not reflect Mr. Powell’s “most

egregious conduct” such that improved monitoring of the facility’s surveillance footage would

have stopped him. Id. at 8. The Court disagrees. Even though surveillance footage did not capture

the February 2022 rape, K.A. plausibly pleads that it captured a slew of other actions that

“indicated that Powell was sexually assaulting K.A.,” including Mr. Powell making sexual

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gestures to K.A., grabbing her buttock, and repeatedly escorting her around the facility alone. Am.

Compl. ¶¶ 69–70. Furthermore, K.A. explains that “no one viewed or acted upon” this footage,

presumably because “the District failed to train them” “to monitor or review surveillance cameras

for the actions of YDRs, [or] to prevent or identify grooming or sexual assault of residents.”

Id. ¶¶ 71–72. Thus, the Court draws the inference that adequate training plausibly could have

created a different outcome.

In sum, particularly given the overlap between the third and fourth pathways, the Court

finds that K.A. has carried her burden to proceed with her deliberate indifference claim. See

Alexander, 2020 WL 3573462, at *8 (allowing the plaintiff to proceed on the fourth pathway

because it already sided with the plaintiff as to the third pathway, and “discovery on the two

theories will largely be the same”).

B. Negligent Retention, Training, and Supervision

Next up is K.A.’s claim for negligent retention, training, and supervision. To start, the

District argues that this claim is duplicative of K.A.’s simple negligence claim—which the District

has not moved to dismiss—because it rests on the same facts. Mot. at 17. “Claims are duplicative

when they stem from identical allegations, that are decided under identical legal standards, and for

which identical relief is available.” DTCC Data Repository (U.S.) LLC v. CFTC, 25 F. Supp. 3d

9, 19 (D.D.C. 2014) (cleaned up). “As a matter of judicial economy, courts should dismiss claims

that are duplicative of other claims.” Wultz v. Islamic Republic of Iran, 755 F. Supp. 2d 1, 81

(D.D.C. 2010). Here, though, the Court finds it premature to dismiss K.A.’s negligent retention,

training, and supervision claim as duplicative of her simple negligence claim. Though the two

claims are similarly pleaded, “[a]t this stage of the litigation, the Court does not know how the

negligence claim[] against the District . . . will develop and what evidence [K.A.] will seek to offer

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in support of [it].” Kenley v. District of Columbia, 83 F. Supp. 3d 20, 48 (D.D.C. 2015). If the

claim turns out to be unnecessary or prejudicial, the Court may dismiss it down the road. See

Hackett v. WMATA, 736 F. Supp. 8, 10–11 (D.D.C. 1990) (explaining why alternative and

duplicative negligence claims may be prejudicial). But at this stage, the Court will exercise its

“discretion” to retain it. WMI Liquidating Tr. v. FDIC, 110 F. Supp. 3d 44, 59 (D.D.C. 2015).2

Proceeding to the substance of the claim, K.A. pleads sufficient facts to survive the

District’s motion. Under District of Columbia law, “[t]he elements of negligent training,

supervision, [] and retention are substantially similar: A plaintiff must show that ‘an employer

knew or should have known its employee behaved in a dangerous or otherwise incompetent

manner,’ and that ‘the employer, armed with that actual or constructive knowledge,’ did not

adequately train, supervise, [] or retain the employee.” Jackson v. District of Columbia, No. 25-cv-00889, 2026 WL 890452, at *12 (D.D.C. Mar. 31, 2026) (first quoting Thorp v. District of

Columbia, 319 F. Supp. 3d 1, 21 (D.D.C. 2018) (negligent supervision and retention); then citing

Lin v. District of Columbia, 47 F.4th 828, 845–46 (D.C. Cir. 2022) (negligent supervision and

negligent training)). These claims require “proof that the employer breached a duty to [the]

plaintiff to use reasonable care in the supervision or retention of an employee which proximately

caused harm to [the] plaintiff.” Phelan v. City of Mount Rainier, 805 A.2d 930, 940 (D.C. 2002);

2

In urging otherwise, the District relies on inapposite cases. See Leach v. Nat’l R.R. Passenger Corp., 128 F. Supp. 3d 146, 156 (D.D.C. 2015) (employment discrimination case where Title VII offered the exclusive remedy); Brown v. Child.’s Nat’l Med. Ctr., 773 F. Supp. 2d 125, 138–39 (D.D.C. 2011) (same); Jograj v. Enter. Servs., LLC, 270 F. Supp. 3d 10, 24–25 (D.D.C. 2017) (plaintiffs conceded that common law negligence claims were identical to already-dismissed claims); Order Granting Def.’s Partial Mot. to Dismiss, Laghrib v. District of Columbia, No. 2025-CAB-007588 (D.C. Super. Ct. Apr. 14, 2026) (Superior Court dismissed negligent supervision and failure to train claim without considering whether simple negligence claim was duplicative); see Order Granting Def.’s Mot. to Dismiss, Mason v. District of Columbia, No. 2025-CAB-001964 (D.C. Super. Ct. Jul. 31, 2025) (plaintiff pleaded two overwhelmingly similar negligence claims).

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see also Clark v. Comput. Sci. Corp., 958 F. Supp. 2d 208, 214 (D.D.C. 2013) (explaining that

negligent training, supervision, and retention requires a showing of common-law negligence).

The District argues (1) that K.A. has not adequately shown that the District owed her a

duty, and (2) that it lacked actual or constructive notice of Mr. Powell’s wrongdoing. Mot. at 17–

19. The Court disagrees. First, K.A. has clearly and plausibly pleaded that the District owed her a

duty as a minor detained in a DYRS facility. See Am. Compl. ¶¶ 9, 15. The District appears to

concede as much in their reply—lamenting only that this duty is duplicative of the duty pleaded

for K.A.’s simple negligence claim. See Reply at 10–11. Second, K.A. has plausibly alleged that

the District had actual or constructive notice of Mr. Powell’s extensive misconduct. As already

discussed, K.A. relies on multiple formal and informal reports of Mr. Powell’s misconduct, of

which she contends that District policymakers knew or should have known. See, e.g., Am. Compl.

¶¶ 24, 34–50, 69, 70. At the motion to dismiss stage, these allegations suffice to show actual or

constructive notice. As a result, K.A. may proceed with her negligent retention, training, and

supervision claim.3

C. Infliction of Emotional Distress

Finally, the Court turns to K.A.’s claims for intentional and negligent infliction of

emotional distress. Both claims survive the District’s motion to dismiss.

1. Intentional Infliction of Emotional Distress

“[To] succeed on a claim of intentional infliction of emotional distress, a plaintiff must

show (1) extreme and outrageous conduct on the part of the defendant which (2) intentionally or

recklessly (3) causes the plaintiff severe emotional distress.” Duncan v. Child.’s Nat’l Med. Ctr.,

3

While the District does not contest that K.A. sufficiently pleaded that it breached its duty to her, she has cleared this requirement as well. See, e.g., Am. Compl. ¶¶ 24, 26, 28, 71, 74.

20

702 A.2d 207, 211 (D.C. 1997) (quoting Drejza v. Vaccaro, 650 A.2d 1308, 1312 (D.C. 1994)).

The District does not appear to dispute that K.A. has adequately pleaded such a claim, arguing

instead that K.A.’s claim “is proper only against Defendant Powell.” Mot. 20. But an employer

may be vicariously liable for its employee’s actions under the doctrine of respondeat superior if

“(1) the employee’s acts must have taken place within the scope of his employment or

(2) arguably, he must have used his apparent authority or have been aided by his agency

relationship in accomplishing them.” Doe v. Sipper, 821 F. Supp. 2d 384, 387 (D.D.C. 2011).

K.A.’s claim survives under the second theory.4

a. Scope of Employment

District of Columbia law, which governs here, “generally adheres to the analytical

framework of the scope of employment inquiry set forth in the Restatement (Second) of Agency

§ 228(1)-(2)[.]” Trump v. Carroll, 292 A.3d 220, 228 (D.C. 2023). Specifically, an employee’s

conduct is “within the scope of employment if, but only if: (a) it is of the kind he is employed to

perform; (b) it occurs substantially within the authorized time and space limits; (c) it is actuated,

at least in part, by a purpose to serve the master, and (d) if force is intentionally used by the servant

against another, the use of force is not unexpectable by the master.” Rest. (2d) of Agency § 228(1).

However, “[c]onduct of a servant is not within the scope of employment if it is different in kind

from that authorized, far beyond the authorized time or space limits, or too little actuated by a

4

The District argues that the Court should not entertain the second aided-in-agency theory because K.A. did not plead it in her Amended Complaint. Reply at 14. This vastly overstates what is required at the pleading stage. K.A. pleaded a claim for intentional infliction of emotional distress against both the District and Mr. Powell. The District has moved to dismiss, arguing that only Mr. Powell may be held liable for that claim. And K.A. advances the aided-in-agency argument as one path of holding the District vicariously liable for Mr. Powell’s conduct. Rule 8 does not require a plaintiff to plead such an argument in her complaint. See Fed. R. Civ. P. 8(a)(2) (requiring only “a short and plain statement of the claim showing that the pleader is entitled to relief”).

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purpose to serve the master.” Rest. (2d) of Agency § 228(2); see also Trump, 292 A.3d at 229

(clarifying how the District of Columbia applies the standard).

Here, K.A. has not satisfied this test. On the third requirement, she offers no nonconclusory allegations as to how Mr. Powell’s conduct was intended to serve the District. To the

contrary, Mr. Powell’s grooming and sexual assaults “appear[] to have been done solely for the

accomplishment of [his] independent, malicious, mischievous and selfish purposes.” Boykin v.

District of Columbia, 484 A.2d 560, 562 (D.C. 1984). Granted, the District of Columbia “does not

subscribe to the blanket proposition that sexual assaults never come within the scope of

employment[.]” Doe, 821 F. Supp. 2d at 388; see also Brown v. Argenbright Sec., Inc., 782 A.2d

752, 758 (D.C. 2001) (explaining that “[w]hile it is probable that the vast majority of sexual

assaults arise from purely personal motives, it is nevertheless possible” that an employee’s sexual

assault may be actuated by a purpose to serve the master). But Mr. Powell’s actions do not

plausibly fit within the narrow category of cases where an employee commits sexual assault to

serve his employer. For example, in Brown, the D.C. Court of Appeals held that a jury could find

that a security guard was acting within the scope of his employment when he touched an alleged

shoplifter in a sexually inappropriate manner while conducting a physical search. Id. at 758–59.

The Court reasoned in part that the security guard initiated the search only “after he had reason to

believe that his employer’s interests had been affected[.]” Id. Here, K.A. does not adequately allege

that Mr. Powell was protecting the District’s interests when he sexually assaulted her. K.A.’s sole

claim that Mr. Powell’s “conduct was actuated, at least in part, by a purpose to serve his employer,”

Am. Compl. ¶ 112, is exactly the sort of conclusory allegation that is “not entitled to the

assumption of truth,” Iqbal, 556 U.S. at 679. The Amended Complaint lacks any “direct and

circumstantial evidence of [Mr. Powell’s] state of mind” that would allow a factfinder “to make

22

inferences about whether the employee was in fact responding to an employment-related

circumstance, despite the tortious conduct appearing as if it were personally motivated.” Trump,

292 A.3d at 235. Therefore, K.A. may not proceed with her claims under the scope-of-employment

theory.

b. Aided-in-Agency

Though a closer call, K.A. can proceed with her intentional infliction of emotional distress

claim against the District under the aided-in-agency doctrine, which is rooted in Restatement

(Second) of Agency § 219(2)(d). Though the District of Columbia has “not expressly adopted”

this provision in assessing common-law claims, Buie v. District of Columbia, No. 16-cv-1920,

2023 WL 6142139, at *16 (D.D.C. Sept. 20, 2023), the District does not dispute its applicability

here, Reply at 14–15. So the Court will assume without deciding that K.A. may rely on this theory.

See Doe, 821 F. Supp. at 391 (D.D.C. 2011) (applying Section 219(2)(d) “[g]iven the preliminary

posture of the case, the parties’ positions, and the lack of direct briefing”).

Section 219(2)(d) states that “[a] master is not subject to liability for the torts of his servants

acting outside the scope of their employment, unless . . . the servant purported to act or to speak

on behalf of the principal and there was reliance upon apparent authority, or he was aided in

accomplishing the tort by the existence of the agency relation.” The Restatement commentary

“suggests that this exception embraces a narrower concept that holds the employer liable only if

the tort was accomplished by an instrumentality, or through conduct associated with the agency

status.” Gary v. Long, 59 F.3d 1391, 1397 (D.C. Cir. 1995) (quotation omitted) (discussing

Restatement § 219 cmt. e). For example, “a telegraph company may be held liable for a tort

committed by a telegraph operator who sends a false telegraph message, as may the undisclosed

principal of a store whose manager cheats a customer.” Id. But, a plaintiff cannot prevail if she

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does not reasonably believe that the employee “was acting within the color of his authority or that

his actions were somehow condoned[.]” Buie, 2023 WL 6142139, at *17.

K.A.’s claim narrowly clears this threshold. The Amended Complaint sufficiently alleges

both that Mr. Powell was able to groom and sexually assault K.A. because of his role as a YDR

and that K.A. reasonably relied on that apparent authority. See Am. Compl. ¶¶ 50–64. Buie v.

District of Columbia, 273 F. Supp. 3d 65 (D.D.C. 2017), is illustrative. In that case, a plaintiff sued

the District of Columbia Metropolitan Police Department after a police officer sexually assaulted

her. Id. at 66. The court denied the District’s motion to dismiss, finding that the plaintiff had

sufficiently alleged vicarious liability under Section 219(2)(d). Id. at 68. The Buie court pointed to

multiple facts “plausibly suggesting that [the officer] was purporting to act on behalf of the MPD,”

including that the officer was armed, wearing his full police uniform, drove his official police

vehicle, and used his credentials to access the garage, elevator, and his office. Id. at 69.; see also

Sipper, 821 F.Supp. 2d at 393 (declining to dismiss a claim that a company executive used the

instrumentalities of his position to rape an employee). Similarly, here, Mr. Powell relied on his

authority and access as a YDR to groom and sexually assault K.A. It is certainly plausible that

K.A., a minor, understood Mr. Powell to be acting within his authority as a YDR on behalf of

DYRS.

The Court recognizes the District’s concern that allowing K.A.’s claim to proceed would

make employers vicariously liable for “every plaintiff harmed by every workplace tort.”

Reply at 15. This concern is overblown, particularly at this early stage of the litigation. The District

will have an opportunity at summary judgment or trial to make its case. But construing the facts

in K.A.’s favor, she has plausibly pleaded vicarious liability under the aided-in-agency doctrine.

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2. Negligent Infliction of Emotional Distress

In the District of Columbia, a plaintiff may show negligent infliction of emotional distress

under two theories: the “special relationship” theory and the “zone of physical danger” theory. See

Hedgepeth v. Whitman Walker Clinic, 22 A.3d 789, 810–11 (D.C. 2011) (en banc); Jiggetts v.

Cipullo, 774 F. Supp. 3d 168, 207 n.17 (D.D.C. 2025). The Court addresses these in turn.

To succeed on the “special relationship” theory, a plaintiff must show that:

(1) the defendant has a relationship with the plaintiff, or has undertaken an obligation to

the plaintiff, of a nature that necessarily implicates the plaintiff’s emotional well-being,

(2) there is an especially likely risk that the defendant’s negligence would cause serious

emotional distress to the plaintiff, and (3) negligent actions or omissions of the defendant

in breach of that obligation have, in fact, caused serious emotional distress to the plaintiff.

Hedgepeth, 22 A.3d at 810–11. Here, the District argues that K.A. offers nothing but legal

conclusions to support her claim. Reply at 14 (citing Am. Compl. ¶ 114). And it contends that

there is no special relationship between YDRs and the children in their care because “courts have

been reluctant to recognize a special relationship between correctional officers and persons in

custody[.]” Mot. at 21 (citing Lesesne v. District of Columbia, 146 F. Supp. 3d 190, 196 (D.D.C.

2015)). The Court disagrees. K.A. does more than plead legal conclusions. She alleges that she

was “wholly dependent” on the District for her safety, Am. Compl. ¶ 114, and that the District

“exercised exclusive control over [her] environment, movement, and well-being,” such that she

“was unable to protect herself from harm,” id. ¶ 115. And she argues that the District has

“responsibility for children incarcerated under its authority” and “bears absolute, non-delegable

legal responsibility and the highest duty of care, under District of Columbia law, to ensure the

safety, protection, and the wellbeing of vulnerable children who are housed within its facilities,

including specific duties to protect against sexual abuse and assault.” Id. ¶ 9. These allegations

raise a plausible inference that the District had a special relationship with K.A. and other children

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detained at YSC. Furthermore, Lesesne is not dispositive for two reasons. First, Lesesne involved

an adult plaintiff detained at the Department of Corrections, so it may apply with less force to

minors detained at YSC. 146 F. Supp. 3d at 196 (acknowledging that the D.C. Court of Appeals

has explicitly “mentioned appointed guardians and counsel for children . . . as caretakers whose

activities have the potential to implicate emotional well-being”) (citing Hedgepeth, 22 A.3d

at 814). Second Lesesne was decided at summary judgment, 146 F. Supp at 196, whereas K.A. has

not yet had the benefit of discovery. Accordingly, K.A. has done enough to proceed to discovery.

Turning to the “zone of danger” theory, a plaintiff must prove that she (1) “was in the zone

of physical danger, which was (2) created by the defendant’s negligence, (3) the plaintiff feared

for [her] own safety, and (4) the emotional distress so caused was serious and verifiable.” Rice v.

District of Columbia, 774 F. Supp. 2d 25, 33 (D.D.C. 2011). In addition, “the plaintiff’s presence

in the zone of danger be contemporaneous with her fear for her own safety.” Jones v. Howard

Univ., Inc., 589 A.2d 419, 423 (D.C. 1991). Here, too, K.A.’s claim survives. The District devotes

only a handful of sentences to this argument, Mot. at 21–22; Reply at 14, which do not move the

needle. K.A. has adequately alleged (1) that she was in the physical zone of danger by virtue of

being detained at YSC and having her movements controlled by YDRs, see, e.g., Am. Compl.

¶¶ 22, 110, 118; see also Nagy v. Corr. Corp. of Am., 79 F. Supp. 3d 114, 121 (D.D.C. 2015)

(plaintiff beaten by corrections officers in prison satisfied the zone of physical danger test); (2) that

her physical danger was linked to the District’s alleged negligence; (3) that she experienced a

contemporaneous fear for her physical safety while in detention given Mr. Powell’s repeated

sexual assault; and (4) that she “suffered physical harm, has and will continue to suffer severe

emotional distress, humiliation and embarrassment, and has [and] will be prevented from obtaining

the full enjoyment of life, among other losses,” Am. Compl. ¶ 77. These allegations are “serious

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and verifiable” at this stage of the litigation. See Whittaker v. Ct. Servs. & Offender Supervision

Agency for D.C., 401 F. Supp. 3d 170, 187 (D.D.C. 2019) (declining to dismiss allegations that

plaintiff “experience[d] extreme emotional distress and harm”).

Thus, K.A. sufficiently states a claim for negligent infliction of emotional distress under

both the “special relationship” and “zone of physical danger” theories.

CONCLUSION

For the foregoing reasons, the Court denies the District’s Partial Motion to Dismiss the

Amended Complaint, ECF No. 20. A separate order will issue.

SPARKLE L. SOOKNANAN

United States District Judge

Date: September 28, 2026

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