MARUSA v. DISTRICT OF COLUMBIA

Nos. 72-1027, 72-1140.

484 F.2d 828 (1973)

Duane S. MARUSA, Appellant, v. DISTRICT OF COLUMBIA et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 1973.


Attorney(s) appearing for the Case

Jack H. Olender, Washington, D. C., for appellant.

Leo N. Gorman, Asst. Corp. Counsel for the District of Columbia with whom C. Francis Murphy, Corp. Counsel and Richard W. Barton, Asst. Corp. Counsel, were on the brief, for appellee, District of Columbia.

Samuel Intrater, Washington, D. C., with whom Albert Brick, Washington, D. C., was on the brief for appellee, DeMiers.

Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.


BAZELON, Chief Judge:

Appellant Duane Marusa brought these actions in the District Court1 to recover damages for a bullet wound he suffered, allegedly at the hand of Officer Delbert C. Clark of the Metropolitan Police Department. In his amended complaint, Marusa alleged that, on May 29, 1969, Officer Clark consumed an excessive amount of liquor in a bar on K Street, N.W., and that immediately after leaving the bar, the "grossly intoxicated...

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