WALMSLEY v. CITY OF PHILADELPHIA

No. 88-1507.

872 F.2d 546 (1989)

Geraldine WALMSLEY, Administratrix of the Estate of Thomas D. Walmsley, Deceased, and on her own behalf, Appellant, v. The CITY OF PHILADELPHIA and Gregor Sambor and Kevin Tucker, Police Commissioners of the City of Philadelphia, and Police Officer John Doe and other unknown and unnamed officers and agents of the City of Philadelphia Police Department, individually and in their capacity as officers of the City of Philadelphia, Police Officer David Grove, Badge # 3407, Police Officer Ernest Colwell, Badge # 7202, Police Officer Michael Valenti, Badge # 2268, Police Officer Mark Goldberg, Badge # 1967, Police Lt. Augustine Carre, Badge # 98, Appellees, v. Robert WALMSLEY, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided April 12, 1989.

Rehearing and Rehearing Denied May 12, 1989.


Attorney(s) appearing for the Case

Mark B. Frost (argued), Frost, DeMesquita & Rudow, Philadelphia, Pa., for appellant.

Seymour Kurland, City Sol., Norma S. Weaver, Chief Deputy in Charge of Claims, Barbara R. Axelrod, Divisional Deputy in Charge of Appeals, Alan C. Ostrow (argued), Asst. City Solicitor, City of Philadelphia Law Dept., Philadelphia, Pa., for appellees.

Before HIGGINBOTHAM, COWEN and ALDISERT, Circuit Judges.


Rehearing and Rehearing In Banc Denied May 12, 1989.

OPINION OF THE COURT

COWEN, Circuit Judge.

This civil rights action alleges that two Philadelphia police officers so brutally beat the deceased, Thomas Walmsley, that he died from head wounds inflicted by the officers. The district court granted the defendants' motion for a directed verdict at the conclusion of the plaintiff's case. Because we find that the plaintiff's evidence, when examined in...

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