Non Sui Juris = can’t sue me!
While you can appeal administrative decisions by most agencies to the DC Court of Appeals, if you think an District agency and/or officials screwed you and your community over, or is about to, be prepared to know who you can sue when you are going to Superior Court or the Circuit Court in DC.
For more insight, see this case:
FOGGY BOTTOM v. DIST. COLUMBIA OFFICE OF PLANNING, 441 F. Supp.2d 84 (D.D.C. 2006).
From this case: As a preliminary matter, defendants assert that certain parties named in this suit are non sui juris, that is, that they lack the legal capacity to sue or be sued. Specifically, defendants argue, and the Court agrees, that agencies and departments of the District of Columbia government are not amenable to suit. See Community Housing Trust v. Dep’t of Consumer and Regulatory Affairs, 257 F. Supp. 2d 208, 217 (D.D.C. 2003) (“The law is clear that `agencies and departments within the District of Columbia government are not suable as separate entities.'”) (quoting Does I through III v. District of Columbia, 238 F. Supp. 2d 212, 222 (D.D.C. 2002) (citations omitted)). The plaintiff’s claims against the District of Columbia Office of Planning, the District of Columbia Zoning Commission, the District of Columbia Department of Health and the District of Columbia Department of Consumer and Regulatory Affairs therefore will be dismissed from this case.
But what the Foggy Bottom community got right in their suit is the naming of the Mayor. From the case: The Mayor of the District of Columbia, Anthony Williams, sued in his official capacity, is a proper defendant, and the suit against Mayor Williams shall be treated as a suit against the District of Columbia. Arnold v. Moore, 980 F. Supp. 28, 36 (D.D.C. 1997) (“It is well settled that if the plaintiff is suing the defendants in their official capacities, the suit is to be treated as a suit against the District of Columbia.”). Thus, the Court may proceed to consider the merits of the claims against the District of Columbia itself (a named defendant) and the Mayor of the District of Columbia in his official capacity.
The naming of individuals carries to others under the Mayor too, like the DC Zoning Administrator.
The acting Zoning Administrator for the District of Columbia, Olutoye Bello, sued in his official capacity, is a proper defendant, and the suit against Bello shall be treated as a suit against the District of Columbia. See Kentucky v. Graham, 473 U.S. 159, 166 (1985); accord Arnold v. Moore, 980 F. Supp. 28, 36 (D.D.C. 1997)(“It is well settled that if the plaintiff is suing the defendants in their official capacities, the suit is to be treated as a suit against the District of Columbia.”). Thus, this suit may proceed against defendant Bello. COMMUNITY HOUSING TRUST, et al., Plaintiffs, v. DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS, et al., Defendants. No. CIV.A. 01-02120 (HHK). April 16, 2003
For more on Non sui juris, see this case, and this case, and google it!
