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GRAHAM v. DAVIS

No. 88-7242.

880 F.2d 1414 (1989)

Ricky Mark GRAHAM, Appellant, v. David P. DAVIS, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 1989.

Attorney(s) appearing for the Case

James P. Schaller, with whom David H. Cox was on the brief, for appellant. Mary Lynn Reed, Washington, D.C., also entered an appearance for appellant.

Mitchell B. Weitzman, with whom Robert E. Deso, Washington, D.C., was on the brief, for appellee Cauley.

Donna M. Murasky, Asst. Corp. Counsel, with whom Frederick D. Cooke, Jr., Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellees Davis, et al.

Before EDWARDS, SILBERMAN, and BUCKLEY, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Appellant Ricky Mark Graham, a Metropolitan Police Department Officer, was involved in an altercation at the scene of an arrest with a fellow officer, Larry Cauley. Both were in plain clothes, and neither knew the other was a policeman. During the struggle, Cauley and a third officer, David Davis, shot Graham. Graham brought suit in the district court alleging that both Cauley and...

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