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HARRIS v. DISTRICT OF COLUMBIA

No. 90-5281.

932 F.2d 10 (1991)

Carolyn B. HARRIS, Personal Representative of the Estate of Derrick D. Harris v. DISTRICT OF COLUMBIA, et al., Dennis J. Beemer, Sgt., 4th District, D.C. Metropolitan Police Department, Christopher Viamonte, Richard A. Gaskins, and Alan E. Lucas, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1991.

Attorney(s) appearing for the Case

Edward E. Schwab, Asst. Corp. Counsel, Office of the Corp. Counsel, with whom Herbert O. Reid, Sr., Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Office of the Corp. Counsel, were on the brief, for appellants. Donna M. Murasky, Washington, D.C., Atty., Office of the Corp. Counsel, also entered an appearance for appellants.

W. Scott Funger, of the Bar of the District of Columbia Court of Appeals, pro hac vice, by special leave of the court, for appellee.

Before SILBERMAN, BUCKLEY and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Concurring opinion filed by Circuit Judge HENDERSON.

SILBERMAN, Circuit Judge:

Dennis Beemer, Christopher Viamonte, Richard Gaskins, and Alan Lucas, members of the District of Columbia Metropolitan Police Department, appeal the district court's denial of their motion for summary judgment in a case brought by the estate of Derrick Harris, who died of a drug overdose while in appellants' custody...

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