CLARK v. BIRD

No. 6635.

354 F.2d 977 (1966)

K. Roland CLARK, Plaintiff, Appellant, v. William M. BIRD, Jr., Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided January 14, 1966.


Attorney(s) appearing for the Case

Aram K. Berberian, Providence, R. I., for appellant.

Vincent A. Ragosta, Asst. City Sol. for City of Providence, William Milton Bird, Jr., with whom William E. McCabe, City Sol. for City of Providence, was on brief, for appellee.

Before ALDRICH, Chief Judge, COFFIN, Circuit Judge, and FORD, District Judge.


ALDRICH, Chief Judge.

Plaintiff-appellant sued the defendant, a Providence policeman, in the District Court for the District of Rhode Island under the Civil Rights Act, 42 U.S.C. § 1983, for false arrest under the Rhode Island detention statute. R.I.Gen.Laws 12-7-1. In this court the defendant asserts that he acted within the statute, that the statute is constitutional — which plaintiff contests — and that, at most, if defendant acted without the...

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