MARTIN v. GENTILE

Nos. 87-7113, 87-7140.

849 F.2d 863 (1988)

Felicisimo N. MARTIN, Plaintiff-Appellant, v. Bruce GENTILE, Detective, CID Homicide, Bureau of Investigations; Michael Ferriter, Detective, CID Homicide, Bureau of Investigations; Thomas Bruciak, Corporal, CID Homicide, Bureau of Investigations; Terry R. Eaton, Evidence Technician, CID Homicide, Bureau of Investigations; William G. Spalding, Sergeant, Emergency Services Team, P.G.C.P.; Emergency Services Team, P.G.C.P., Defendants-Appellees, and Lawrence Joseph Hogan, Prince George's County Executive; Donald W. Chamblee, Officer; Stanley A. Birckhead, Officer; Paul M. Mazzel, Officer; Mark Murphy, Officer, Defendants. Felicisimo N. MARTIN, Plaintiff-Appellee, v. Bruce GENTILE, Detective, CID Homicide, Bureau of Investigations; Michael Ferriter, Detective, CID Homicide, Bureau of Investigations; William G. Spalding, Sergeant, Emergency Services Team, P.G.C.P.; Donald W. Chamblee, Officer; Stanley A. Birckhead, Officer; Paul M. Mazzel, Officer; Mark Murphy, Officer, Defendants-Appellants, and Lawrence Joseph Hogan, Prince George's County Executive; Thomas Bruciak, Corporal, CID Homicide, Bureau of Investigations; Terry R. Eaton, Evidence Technician, CID Homicide, Bureau of Investigations; Emergency Services Team, P.G.C.P., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 17, 1988.


Attorney(s) appearing for the Case

William H. Klumpp, Jr., Baltimore, Md., for plaintiff-appellant.

Michael Gerard Comeau, Associate Co. Atty. (Larnzell Martin, Jr., Co. Atty., Michael O. Connaughton, Deputy Co. Atty., Upper Marlboro, Md., on brief), for defendants-appellees.

Before HALL, PHILLIPS, and MURNAGHAN, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

Felicisimo Martin brought this 42 U.S.C. § 1983 action alleging that Prince George's County, Maryland police officers violated his constitutional rights by using excessive force during his arrest and by denying him medical treatment for fourteen hours thereafter. The district court held, following a bench trial, that neither the force used to arrest Martin nor the delay in providing him medical care rose to the level of...

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