The D.C. American Civil Liberties Union is suing a Metropolitan Police Department officer and the District for what it describes as a sexually abusive and unconstitutional search of a District man last January.
The complaint, filed Monday, details an incident on the evening of January 15, 2019, when MPD officers broke down the door of a Petworth apartment with a warrant to search for drugs and paraphernalia on the property—the suit alleges that the warrant did not include the right to search individuals.
All seven people in the apartment, who were there watching sports, were ordered to lie face-down on the ground, according to the suit.
Here’s what the ACLU alleges happened next: Plaintiff Mbalaminwe Mwimanzi was pulled to his feet and searched by an officer who found nothing illegal on him. Officer Terence Sutton pulled Mwimanzi by the shirt and allegedly told him,” You don’t run shit in here,” and said he had a “bad attitude.” Sutton then asked another officer to search Mwimanzi again.
After the first two searches, the suit claims that another officer, defendant Officer Joshua Wilson, told Mwimanzi to spread his legs. Mwimanzi says Wilson forcefully pressed his hand against Mwimanzi’s buttocks and jammed his genitals into his leg, despite Mwimanzi screaming out in pain.
Ultimately, the officers did not seize anything during that January search, per the lawsuit.
After Mwimanzi complained of severe pain in his anus and groin, he was taken to Medstar Washington Hospital Center to receive treatment for his injuries, the lawsuit says.
Mwimanzi, a 33-year-old Park View resident who immigrated from Tanzania at age 8, works as a bricklayer’s apprentice while attending a vocational program. The suit claims that the “search was akin to a sexual assault and has affected him physically, socially, professionally, and emotionally.”
D.C. ACLU lawyer Michael Perloff tells DCist that the pain lasted for months and that the incident has been a source of anxiety and depression for Mwimanzi, whose friends have mocked him for the alleged assault. Perloff says the incident happened as Mwimanzi’s life was “on the upswing,” both in work and family matters.
“If the right to privacy means anything, it means you have privacy over most sensitive parts of your body,” Perloff says. “The fact that MPD is allowing its officers to do this is concerning. Mr Mwimanzi said he is suing because he wants to tell his children that he stood up for his rights and for his community. He knows that others in his community go through this.”
This is the D.C. ACLU’s fourth lawsuit in recent years that alleges a D.C. police officer conducted a sexually invasive or unreasonable search.
The most recent case, in December 2018, resulted in MPD firing Officer Sean Lojacono and settling with plaintiff M.B. Cottingham over what the ACLU deemed a “highly invasive search” in 2017. In the hearings, veteran officers defended Lojacano’s search methods, which resembled the search practices Mwimanzi says police used against him.
MPD Sergeant J.J. Brennan, a retired supervisor, said at Lojacano’s hearing that, “I always told the people that work for me, ‘When you go out on the street, make sure you properly search these guys. Don’t be afraid to go up in the crotch.'”
Brennan was later placed on paid administrative leave, though MPD told DCist at the time that the termination was for “personal matters.”
In Mwimanzi’s case, the lawsuit claims that Officer Wilson violated Mwimanzi’s constitutional right to be free from unreasonable searches. The lawsuit also includes a battery claim against Wilson and the District of Columbia.
“We believe the District is responsible for the conduct of its officers,” Perloff says. “As these suits pile up, the lack of taking responsibility is apparent.”
The D.C. ACLU submitted a Freedom of Information Act request for the body-worn camera footage from the incident to be released in March, but MPD refused to release the footage, citing an open investigation.
An MPD spokesperson told DCist in a statement, “MPD is aware of the complaint that the ACLU has filed. As this is currently a pending legal matter, MPD will be able to provide more information at the conclusion of the legal proceedings.”
This post has been updated with a statement from MPD.
There’s No Paywall Here
DCist is supported by a community of members … readers just like you. So if you love the local news and stories you find here, don’t let it disappear!
Elliot C. Williams