ARRINGTON v. U.S.

No. 05-5263.

473 F.3d 329 (2006)

Derrek E. ARRINGTON, Appellant v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 29, 2006.


Attorney(s) appearing for the Case

Richard H. Frankel, appointed by the court, argued the cause as amicus curiae in support of appellant. With him on the briefs were Steven H. Goldblatt, Director, and Ariana Torchin and Elizabeth Glasgow, Student Counsel.

Derrek E. Arrington, pro se, filed a brief.

Beverly M. Russell, Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Craig Lawrence, Assistant U.S. Attorney. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

Stacy L. Anderson, Assistant Attorney General, Office of Attorney General for the District of Columbia, argued the cause for appellees. With her on the brief were Robert J. Spagnoletti, Attorney General, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Attorney General. Mary L. Wilson, Assistant Attorney General, entered an appearance.

Before: TATEL and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge EDWARDS.

Concurring and dissenting opinion filed by Circuit Judge BROWN.

EDWARDS, Senior Circuit Judge:

Derrek E. Arrington, appellant, filed a lawsuit in District Court seeking relief under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680 (2000), and 42 U.S.C. § 1983 (2000), for alleged police brutality. The District Court granted summary judgments in favor of...

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