MURPHY v. UNITED STATES

No. 80-1552.

653 F.2d 637 (1981)

Gerald B. MURPHY, a minor, by and through his parents and next of friends, Girlie A. Murphy and William C. Murphy, Appellant v. UNITED STATES of America, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 18, 1981.


Attorney(s) appearing for the Case

Louis Fireison, Bethesda, Md., for appellant.

Robert C. Seldon, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry and Robert E. Eaton, Jr., Asst. U. S. Attys., Washington, D. C., were on the brief for appellee, United States of America.

David P. Sutton, Asst. Corp. Counsel, Washington, D. C., with whom Judith W. Rogers, Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D. C., were on the brief for appellee, District of Columbia. Leo N. Gorman, Asst. Corp. Counsel, Washington, D. C., also entered an appearance for appellee, District of Columbia.

Before ROBINSON, Chief Judge, and MacKINNON and WALD, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

Opinion filed by Circuit Judge MacKINNON, concurring in part and dissenting in part.

WALD, Circuit Judge:

INTRODUCTION

On November 28, 1976, during the afternoon dormitory count, a gang of inmates1 brutally attacked, beat, and stabbed 19-year-old Gerald Murphy as he lay resting on his bed in his room at Lorton Youth Center I.2 The...

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