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SMITH v. DISTRICT OF COLUMBIA

No. 01-CV-1392.

882 A.2d 778 (2005)

Jesse D. SMITH, Appellant, v. DISTRICT OF COLUMBIA, et al., Appellees.

District of Columbia Court of Appeals.

Decided September 8, 2005.

Attorney(s) appearing for the Case

Johnny M. Howard, Washington, DC, for appellant.

Stephen C. Rogers, Volunteer Attorney at the time the brief was filed, with whom Arabella Teal, Interim Corporation Counsel at the time the brief was filed, Charles L. Reischel, Deputy Corporation Counsel at the time the brief was filed, and Donna M. Murasky, Senior Litigation Counsel, for appellees.*

Before WAGNER, REID, and GLICKMAN, Associate Judges.

REID, Associate Judge:

Appellant Jesse D. Smith filed a lawsuit against the District of Columbia and Metropolitan Police Department Officer Stephen Franchak alleging assault and battery, false arrest, negligence, infliction of emotional distress, and violation of his civil rights under 42 U.S.C. § 1983. At the end of testimony presented by Mr. Smith as plaintiff, the trial court granted the defendants' motion for judgment as a matter of law, primarily because...

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