Summary:
U.S. District Court Judge Paula Xinis rejects WMATA dismissal
Rashawn Williams trapped six days in Glenmont station area of refuge
Lawsuit names WMATA and WeAchieve for alleged negligence
A breakdown of basic safety procedures inside a Maryland Metro train station allowed a man with Down syndrome to wander into a dark emergency exit corridor and become trapped there for six days, alone with no food or water, according to a federal lawsuit filed by the man’s family that a judge has ruled can continue toward trial.
Rashawn Williams, 33, survived the 2023 ordeal but has grown fearful of the dark, has trouble sleeping, and is prone to unprovoked outbursts, according to the suit against the Washington Metropolitan Area Transit Authority.
The authority’s recent effort to dismiss the suit, arguing among other claims that Williams had become a “trespasser,” was rejected in a 10-page memorandum issued on Aug. 4 by U.S. District Court Judge Paula Xinis.
“A modicum of basic communication with Williams to ensure he left the station safely can hardly be considered ‘burdensome’ to WMATA,” Xinis wrote.
Williams, who is described by his family’s attorneys as nonverbal and in need of 24-hour supervision, had made his way alone to the station the night of Oct. 20, 2023, after slipping away from his caregiver hours earlier. At the station, the lawsuit alleges, he walked to a kiosk “where he stood waiting for assistance.” He did not receive any, according to the lawsuit, because the employee there was on a personal call.
“WMATA employees ignored Williams’ clear signs of distress,” Xinis wrote.
Williams eventually wandered through a door that locked behind him into an “Area of Refuge”, or AOR, which was supposed to be checked daily.
By then, police and his family were frantically searching large areas for him.
On day 5, according to the lawsuit, Williams’ father, Jimmy Hall, began the painful process of expanding his search to dumpsters and wooded areas.
The next day, a police officer searching the Glenmont station for Williams spotted the emergency exit, was led through it by a station manager, and suddenly found Williams.
“Evidently, no Metro personnel inspected the AOR on the night Williams became trapped, or for six days thereafter,” the judge wrote, adding the italics for emphasis. “Williams had no light, water, food or toilet facilities. Montgomery County Police Department found Williams severely dehydrated and undernourished, ‘covered’ in his own urine and feces, with bugs nesting in his hair.”
A WMATA spokesperson said the authority does not comment on ongoing litigation.
“The federal court’s opinion should be a wake-up call to WMATA, which has apparently learned nothing from what happened to Rashawn,” one of the attorneys, Timothy Maloney, told The Washington Post on Aug. 6. “As long as WMATA denies responsibility for disabled patrons like Rashawn, more tragedies are likely in the future.”
The lawsuit also names WeAchieve, the nonprofit agency responsible for monitoring Williams, as a defendant.
WeAchieve did not file a motion to dismiss the lawsuit, but in an earlier filing, the agency generally denied allegations of negligence or intentional misconduct and blamed WMATA for any injuries allegedly sustained by Williams, according to court records. Officials at WeAchieve and their outside attorney did not respond to requests for comment.
The lawsuit, which seeks unspecified damages, was filed by Williams’s father and stepmother, his legal guardians.
Around 2022, Williams’ father said, a fire at the group home led to his son and others to be relocated to suites at a Residence Inn on the eastern edge of Montgomery County.
While there on Oct. 20, 2023, at about 6:20 p.m., Williams indicated to his caregiver — who was supervising three other people with disabilities — that he needed to use the bathroom, according to the lawsuit. While the caregiver went to get a key, Williams walked away, rode an elevator to the lobby, passed the front desk, and walked to a bus stop, according to the lawsuit.
He boarded a bus. Police were called at 6:41 p.m. Williams’s parents were notified by WeAchieve at 7:39 p.m., the lawsuit states, and they quickly joined the search. At some point that night, Williams got off the bus and rode at least one Metro train for several hours. Shortly after midnight, a train he was on pulled into the Glenmont station to stop its service for the night, according to the lawsuit.
A WMATA employee found Williams, who did not understand the train was out of service, and told him to get off but offered no further help, according to the suit. Williams remained on the platform, visibly confused, and later approached the kiosk, according to station video cited by the lawsuit. He then made his way through the emergency exit door and into a second room near a stairway and ladder to the street, according to the suit.
It was in that spot where the police officer found him.
In her opinion, Xinis cited WMATA directives as described in the suit.
“Per WMATA’s written policies, personnel must inspect the AOR daily,” she wrote, “and must not take personal calls at the expense of assisting passengers.”
In asking for the complaint to be dismissed, WMATA attorneys argued that at some point at the station, Williams stopped being a Metro user, which affected their duties owed to him.
“Plaintiffs further fail to establish that Rashawn Williams was anything other than a trespasser when he reentered the station after service ended, that WMATA assumed an open-ended duty of care through brief employee interactions, or that WMATA denied him access to a public benefit by way of his disability,” they wrote.
Xinis did not agree. That Williams, she wrote in her opinion, “found himself in a room that WMATA calls an ‘area of refuge’ further suggests that passengers may very well have occasion to enter the room in an emergency. This is quite likely why Metro personnel are required to inspect the area every day.”