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SMITH v. DISTRICT OF COLUMBIA

No. 03-7143.

413 F.3d 86 (2005)

Minnie SMITH, Appellee v. DISTRICT OF COLUMBIA, Appellant Gail L. Turner, Administrator, Youth Services Administration, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 2005.

Attorney(s) appearing for the Case

Donna M. Murasky, Senior Assistant Attorney General, argued the cause for appellant. With her on the briefs were Robert J. Spagnoletti, Attorney General, and Edward E. Schwab, Deputy Attorney General.

Leon Dayan argued the cause for appellee Minnie Smith. With him on the brief were Robert M. Weinberg, W. Gary Kohlman, and Laurence S. Gold. Abigail V. Carter entered an appearance.

Before: GINSBURG, Chief Judge, and EDWARDS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL. Dissenting opinion filed by Chief Judge GINSBURG.

TATEL, Circuit Judge.

Sometime after 11 p.m. on April 28, 1999, an unidentified assailant shot and killed seventeen-year-old Tron Lindsey and his roommate in the apartment where they lived as part of a program for delinquent youths in the District of Columbia's legal custody. Alleging among other things that the District, by virtue of its deliberate indifference...

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