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LADNIER v. MURRAY

Nos. 83-6668(L), 83-6669.

769 F.2d 195 (1985)

Peter E. LADNIER, Appellant, v. Fred Eugene MURRAY, Jr., individually and in his official capacity as Police Officer for the City of Greenbelt, Maryland; John Doe, Richard Roe, Police Officers for the City of Greenbelt, Maryland, the identity and number of whom is presently unknown to Plaintiff; William Lane, individually and in his official capacity as Police Chief of the City of Greenbelt, Maryland; and City of Greenbelt, Maryland, Appellees. Peter E. LADNIER, Appellee, v. Fred Eugene MURRAY, Jr., individually and in his official capacity as Police Officer for the City of Greenbelt, Maryland, Appellant, and John Doe, Richard Roe, Police Officers for the City of Greenbelt, Maryland, the identity and number of whom is presently unknown to Plaintiff; William Lane, individually and in his official capacity as Police Chief of the City of Greenbelt, Maryland; and City of Greenbelt, Maryland, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1985.

Attorney(s) appearing for the Case

Arthur G. House, Bethesda, Md. (Hadley & House, David H. Martin, Norris C. Ramsey, P.A., Baltimore, Md., on brief) for appellant.

William J. Kobokovich, Jr., Baltimore, Md., Kenneth S. Watson, Upper Marlboro, Md. (George L. Huber, Jr., Huber, Lutche & Wilson, Baltimore, Md., Benjamin R. Wolman, Wolman, Gushee & Newman, Upper Marlboro, Md., Albert J. Matricciani, Jr., Clapp, Somerville, Honemann & Beach, Baltimore, Md., on brief) for appellee.

Before WINTER, Chief Judge, and SPROUSE and WILKINSON, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

Plaintiff Peter Ladnier sued Fred Murray, a Greenbelt, Maryland police officer; William Lane, Greenbelt's Chief of Police; and the City of Greenbelt. He alleged a civil rights violation under 42 U.S.C. § 1983 and further alleged the Maryland common law torts of negligence, assault, and battery. The suit arose from an incident in which a police car defendant Murray was driving struck a motorcycle plaintiff was riding. Murray then...

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