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UNITED STATES v. CURRIE

No. 79-5044.

609 F.2d 1193 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Edwin Morrow CURRIE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 23, 1979.

Attorney(s) appearing for the Case

Ronald Krelstein, Memphis, Tenn., for defendant-appellant.

W. J. Michael Cody, U. S. Atty., Memphis, Tenn., Marie E. Klimesz, Appellate Section, Civil Rights Division, Dept. of Justice, Drew S. Days, Asst. Atty. Gen., Walter W. Barnett, Washington, D.C., for plaintiff-appellee.

Before LIVELY and MERRITT, Circuit Judge, and PECK, Senior Circuit Judge.

PER CURIAM.

The defendant appeals from a jury conviction for violation of the civil rights of another person contrary to the provisions of 18 U.S.C. § 242. The appellant is a policeman who was off duty at the time he struck and injured one Russell C. Landers. On appeal it is contended that the defendant was not acting under color of state law when he struck Landers, but was engaged in a personal pursuit. There was conflicting...

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