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JOHNSON v. DISTRICT OF COLUMBIA

Nos. 06-7136, 06-7180.

528 F.3d 969 (2008)

Juan JOHNSON, Appellant v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 2008.

Attorney(s) appearing for the Case

Gregory L. Lattimer, argued the cause and filed the briefs, for appellant.

William J. Earl, Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellee. With him on the brief were Linda J. Singer, Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Donna M. Murasky, Senior Assistant Attorney General. Edward E. Schwab, Deputy Attorney General, entered an appearance.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Juan Johnson is a police officer whose off-duty act of kindness to a stranger in distress landed him in the middle of a drug bust in which he was repeatedly kicked in the groin by a police officer who mistook him for a criminal. Johnson claims he was a victim of police brutality and sues both the officer alleged to have kicked him and the District of Columbia. We consider whether the accused officer...

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