APTON v. WILSON

Nos. 73-1614, 73-1615.

506 F.2d 83 (1974)

William H. APTON et al., Appellants, v. Jerry V. WILSON (Chief of Police) et al. Roger S. KUHN et al., Appellants, v. Jerry V. WILSON, Individually and as Chief of Police, Metropolitan Police Department, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 16, 1974.


Attorney(s) appearing for the Case

John Silard, Washington, D. C., with whom Joseph L. Rauh, Jr., and Elliott C. Lichtman, Washington, D. C., were on the brief, for appellants.

Barbara L. Herwig, Atty., Dept. of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, and Kathryn H. Baldwin, Atty., Dept. of Justice, were on the brief for federal appellees.

David P. Sutton, Assistant Corp. Counsel, Washington, D. C., for the District of Columbia with whom C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., were on the brief, for District of Columbia appellees.

Before LEVENTHAL, MacKINNON and WILKEY, Circuit Judges.


LEVENTHAL, Circuit Judge:

These cases arise from law enforcement activities during the "May Day Demonstrations" of May, 1971, described in Sullivan v. Murphy.1 That was a class action in which plaintiffs complaining of arrest, detention, fingerprinting, booking, and prosecution without probable cause sought expungement of police records. This court held that a class action was appropriate in light of the extraordinary circumstances of...

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