McCARTHY v. KLEINDIENST

No. 76-1054.

562 F.2d 1269 (1977)

Michael McCARTHY et al. v. Richard G. KLEINDIENST, Acting Attorney General of the United States, et al. Appeal of Mark Samuel ABELMAN et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 1977.


Attorney(s) appearing for the Case

Herbert Dym, Washington, D. C., with whom Dana T. Ackerly was on the brief, for appellants.

Barbara L. Herwig, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., were on the brief for federal appellees, argued for all appellees.

John R. Risher, Jr., Corp. Counsel, Louis P. Robbins, Principal Asst. Corp. Counsel, and Richard W. Barton, and Leo N. Gorman, Asst. Corp. Counsels, Washington, D. C., at the time the brief was filed, were on the brief for District of Columbia appellees. David P. Sutton, Asst. Corporation Counsel, Washington, D. C., also entered an appearance for the District of Columbia appellees.

Before WRIGHT, TAMM and LEVENTHAL, Circuit Judges.


Opinion for the Court filed by LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

This case involves claims for damages for alleged police misconduct during the "May Day" demonstrations of 1971. The events out of which the lawsuit arises are described in considerable detail in Sullivan v. Murphy, 156 U.S.App.D.C. 28, 478 F.2d 938, cert. denied, 414 U.S. 880, 94 S.Ct. 162, 38 L.Ed.2d 165 (1973), and more briefly...

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