Civil Action No. 06-491 (RMC). October 19, 2007 MEMORANDUM OPINION ROSEMARY COLLYER, District Judge Cleveland McKinney, Jr., was shot and killed on June 29, 2005, at Bannum Place of Washington, Inc., a Community Corrections Center. His mother, Ester Best Mitchell, filed this suit against Bannum, Inc., alleging claims under: the Wrongful Death Act, D.C. Code § 16-2701; the Survival Act, D.C. Code § 12-101; the Eighth Amendment pursuant to 42 U.S.C. § 1983; negligent supervision; and negligent infliction