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GRAHAM v. DISTRICT OF COLUMBIA

No. 23298.

433 F.2d 536 (1970)

Robert GRAHAM and Susie Graham, Appellants, v. DISTRICT OF COLUMBIA and Captain Robert S. Shuttleworth.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 1970.

Attorney(s) appearing for the Case

Mr. Clement Theodore Cooper, Washington, D.C., for appellants.

Mr. Ted D. Kuemmerling, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Charles T. Duncan, Corporation Counsel at the time the brief was filed, Hubert B. Pair, Acting Corporation Counsel at the time the brief was filed, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellee. Mr. Lewis D. Clarke, Asst. Corporation Counsel, also entered an appearance for appellee District of Columbia.

Before LEVENTHAL, ROBB and WILKEY, Circuit Judges.

PER CURIAM:

This is a civil action based on injuries sustained when plaintiff Robert Graham was arrested for drunkenness in April 1965, and taken to the Ninth Precinct Stationhouse, where he was placed in a crowded cell where another prisoner attacked him with a brutal assault. The complaint's allegations include the making of a wrongful arrest, in that plaintiff was not drunk; placing him in a crowded cell; failure to patrol the cell at reasonable times; failure...

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