BUTLER v. COOPER

No. 76-1181.

554 F.2d 645 (1977)

Esther BUTLER et al., Appellants, v. Clyde COOPER, Magistrate of the City of Portsmouth, Judge Donald Sandie, Judge of Portsmouth General District Court, and Chief Ash, Portsmouth Police Department, and Detective R. K. Gaddis, and Detective Hess, and Sgt. Detective Tally, and Unknown Reliable Informant, and Phin Horton, City Manager, and Richard Davis, Mayor of the City of Portsmouth, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 16, 1977.


Attorney(s) appearing for the Case

Richard A. Williamson, Williamsburg, Va., Marshall-Wythe School of Law, on brief, for appellants.

Steve Lieberman, Portsmouth, Va., Asst. City Atty. (Gordon B. Tayloe, Jr., City Atty., Portsmouth, Va., on brief), for appellees Richard J. Davis, Mayor, and Phin Horton, City Manager.

Thomas M. Whiteman, Norfolk Va. (Rixey & Heilig, Norfolk, Va., on brief), for appellees Chief Phillip L. Ash, Jr., Detective Richard K. Gaddis, Detective Lloyd Hess, Detective Lieutenant Richard A. Talley.

K. Marshall Cook, Asst. Atty. Gen., Richmond, Va., (Anthony F. Troy, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees George W. Cooper, Magistrate of the City of Portsmouth, and the Hon. Donald H. Sandie, Chief Judge, Portsmouth General District Court.

Before BUTZNER, RUSSELL and HALL, Circuit Judges.


K. K. HALL, Circuit Judge:

The plaintiff, Esther Butler, filed this action pro se in the United States District Court for the Eastern District of Virginia. Her complaint alleged that the defendants, various officials and police officers of the City of Portsmouth, Virginia,1 conspired to deprive her and all Black Americans in the City of Portsmouth of equal protection of the laws by disproportionate and racially selective enforcement...

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