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SUMMERLIN v. EDGAR

No. 86-3989.

809 F.2d 1034 (1987)

Mitchell SUMMERLIN; Plaintiff-Appellant, and Dawn Edelin Summerlin; Plaintiff, v. Robert EDGAR; Defendant-Appellee, and Three (3) Unknown Named Federal Agents, Individually and as Federal Agents Assigned To the U.S. Department of Treasury Alcohol, Tobacco and Firearms Branch: Eight (8) Unknown Named Prince George's County Police Officers, Individually and as Police Officers; Prince George's County, Maryland, a municipal corporation; David Porter; Michael O'Connell; Ralph Ross; Peter Helwig; Stephen Mack; Robert Solomon; United States of America; Mark Davis; Richard Pedersen, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 1987.

Attorney(s) appearing for the Case

Burt Michael Kahn (Shelly Eilene Mintz, Joseph, Greenwald & Laake, P.A., Hyattsville, Md., on brief), for plaintiff-appellant.

John Peter McKenna, Associate Co. Atty. (Thomas P. Smith, Co. Atty., Michael O. Connaughton, Deputy Co. Atty., Upper Marlboro, Md., on brief), for defendant-appellee.

Before RUSSELL and HALL, Circuit Judges, and McMILLAN, United States District Judge for the Western District of North Carolina, sitting by designation.

McMILLAN, District Judge:

Plaintiff, Mitchell Summerlin, appeals from orders of the district judge, based on written evidence only, granting the motion of the appellee, Robert Edgar, for summary judgment and denying the appellant's motion for reconsideration.

We reverse.

Plaintiff sued appellee Edgar and several other law enforcement officers, alleging that he was unlawfully assaulted, beaten and damaged by them, in violation of the civil rights statutes...

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