United States DC Circuit

Summary judgment for defendants, in case seeking relief under the Federal Tort Claims Act and 42 U.S.C. section 1983 for alleged police brutality, is reversed where the evidence viewed in the light most favorable to plaintiff created a genuine issue of material fact as to whether he was severely beaten by the officers after he had been captured, restrained, disarmed, and handcuffed.

Appellate Information

• Decided 12/29/2006
• Published 12/29/2006

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• 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.


• For Appellees:
  
• 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.