BERRY v. DISTRICT OF COLUMBIA

No. 85-6158.

833 F.2d 1031 (1987)

Tyrone G. BERRY, Appellant v. DISTRICT OF COLUMBIA, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 24, 1987.


Attorney(s) appearing for the Case

Melvin A. Marshall, Washington, D.C., for appellant.

Charles L. Reischel, Deputy Corp. Counsel, with whom James R. Murphy, Acting Corp. Counsel, and Karen S. Dworkin, Asst. Corp. Counsel, Washington, D.C., were on the brief, for appellees.

David A. Reiser, Staff Atty., with whom James W. Klein, Chief, Appellate Div., and Henderson Hill, Sp. Litigation Counsel, Washington, D.C., were on the brief, for amicus curiae, Public Defender Service, urging reversal.

Michael W. Farrell, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Washington, D.C., was on the brief, for amicus curiae, U.S., urging affirmance.

Arthur B. Spitzer and Elizabeth Symonds, Washington, D.C., were on the brief for amicus curiae, American Civil Liberties Union Fund of the Nat. Capital Area, et al., urging reversal.

Before MIKVA, EDWARDS and BUCKLEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This action was instituted by Tyrone Berry against the District of Columbia ("District" or "D.C."), Mayor Marion Barry and several unknown police officers after Berry was arrested several times on drug charges in 1984.1 Berry claimed that, during two of his arrests, he was unlawfully assaulted...

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