CARTER v. CARLSON

No. 23225.

447 F.2d 358 (1971)

Melvin CARTER, Appellant v. John R. CARLSON et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1971.


Attorney(s) appearing for the Case

Mr. Warren K. Kaplan, Washington, D. C., with whom Mr. Ralph J. Temple, Washington, D. C., American Civil Liberties Union Fund, was on the brief, for appellant.

David P. Sutton, Asst. Corporation Counsel, for appellees. Messrs. Hubert B. Pair, Acting Corporation Counsel, Richard W. Barton and Ted D. Kuemmerling, Asst. Corporation Counsel, entered appearances for appellees.

Before BAZELON, Chief Judge, ROBINSON, Circuit Judge, and NICHOLS, Judge, United States Court of Claims.


BAZELON, Chief Judge.

This is an appeal from the dismissal of a complaint which raises several important questions concerning the remedies for the torts of a police officer. For the purpose of testing the sufficiency of the complaint, the court must of course accept the allegations as true.1

The complaint alleged that in 1968 one police officer Carlson arrested appellant Carter without probable cause in a bar and, as Carter was...

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