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BURNETT v. SHORT

Civ. A. No. 68-H-269.

311 F.Supp. 586 (1970)

Nelson Lee BURNETT, Plaintiff, v. Herman SHORT, Joe H. Dickerson and J. E. Wiggins, Defendants.

United States District Court, S. D. Texas, Houston Division.

April 2, 1970.

Attorney(s) appearing for the Case

David J. Nagle, Houston, Tex., for plaintiff.

Homer T. Bouldin, Senior Asst. City Atty., Houston, Tex., for defendants.

NOEL, District Judge.

MEMORANDUM:

In this action against the Chief of Police and two peace officers in the Police Department of the City of Houston, plaintiff seeks compensatory and punitive damages for alleged physical brutality incident to an arrest. Defendants have moved that the action be dismissed for want of jurisdiction and for failure to state a claim upon which relief could be granted, or in the alternative that this Court in its discretion decline...

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