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DISTRICT OF COLUMBIA v. EVANS

Nos. 92-CV-1323, 94-CV-451.

644 A.2d 1008 (1994)

DISTRICT OF COLUMBIA, Joyce Powell, and Eric Winer, Appellants, v. Indiana EVANS, Individually and as Personal Representative of the Estate of Virtus A. Evans, Deceased, Appellee. Indiana EVANS, Individually and as Personal Representative of the Estate of Virtus A. Evans, Deceased, Cross-Appellant, v. DISTRICT OF COLUMBIA, Joyce Powell, and Eric Winer, Cross-Appellees.

District of Columbia Court of Appeals.

Decided July 21, 1994.

Attorney(s) appearing for the Case

Edward E. Schwab, with whom John Payton, Corp. Counsel at the time the brief was filed, Charles L. Reischel, Deputy Corp. Counsel, and Lutz Alexander Prager, Asst. Deputy Corp. Counsel, were on the brief, for appellants.

Perry A. Hilbert, Jr., with whom Allan Sosslau and William L. Kohler were on the brief, for appellees.

Before FERREN and TERRY, Associate Judges, and GALLAGHER, Senior Judge.

FERREN, Associate Judge:

This is a police shooting case which resulted in a $612,828 judgment against the two police officers involved, Eric Winer and Joyce Powell, and against the District of Columbia. The principal basis for this award was a 42 U.S.C. § 1983 (1993) claim that the officers and the District violated the decedent's Fourth Amendment right against unreasonable seizures. The jury also found for the plaintiff—the mother of the victim, Virtus...

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