ABBITT v. FRANKLIN

No. 82-1695.

731 F.2d 661 (1984)

Earnest Edmond ABBITT, Plaintiff-Appellant, v. Carl FRANKLIN, John Riley, and two unknown policemen, designated herein as Richard Roe and John Doe, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 30, 1984.


Attorney(s) appearing for the Case

Jeffrey Chase, Denver, Colo. (Malcolm S. Mead, Denver, Colo., with him on the brief) of Holme Roberts & Owen, Denver, Colo., for plaintiff-appellant.

Richard E. Mahoney, Asst. Municipal Counselor, Oklahoma City, Okl. (Walter M. Powell, Municipal Counselor, and Ronald T. McLain, Legal Intern., Oklahoma City, Okl., with him on the brief), for defendants-appellees.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE, McKAY, LOGAN and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

Earnest Abbitt brought this pro se1 civil rights action under 42 U.S.C. § 1983 (1976) against Oklahoma City policemen Carl Franklin and John Riley, and two unknown members of the Oklahoma City Police Department. Abbitt alleged that defendants used unnecessary force to arrest him and assaulted him while he was in custody following the arrest. In their answer, defendants raised the statute of limitations as a...

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