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SMITH v. SPINA

No. 72-1402.

477 F.2d 1140 (1973)

John William SMITH, Appellant, v. Dominick SPINA, Individually and as Director of the Police Department of the City of Newark, N. J., et al.

United States Court of Appeals, Third Circuit.

Decided April 24, 1973.

Attorney(s) appearing for the Case

Morton Stavis, Irvin L. Solondz, Newark, N. J., for appellant.

William G. Scott, Donald L. Berlin, Lieb, Teich & Berlin, East Orange, N. J., for appellees.

Before MARIS and ALDISERT, Circuit Judges, and GORBEY, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question presented is whether appellant was prejudiced by error during the course of the trial of an action brought by him under the Civil Rights Act, 42 U.S.C. § 1983, against certain police officers and the City of Newark, "for a brutal assault and battery inflicted upon him by the Newark police officers DeSimone and Pontrelli, without cause, justification, or provocation." We have concluded that there...

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