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FITZGERALD v. APPOLONIA

Civ. A. No. 43371.

323 F.Supp. 1269 (1971)

Jesse FITZGERALD v. John APPOLONIA and Richard Meachim and George Ucci and John Nicklous and Lt. John Smith and City of Philadelphia and John Doe et al.

United States District Court, E. D. Pennsylvania.

March 10, 1971.

Attorney(s) appearing for the Case

Samuel Dashiell, Philadelphia, Pa., for plaintiff.

Stanley Bashman, Philadelphia, Pa., John Mattioni, Asst. City Sol., Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

VANARTSDALEN, District Judge.

This is a motion to dismiss a Civil Rights action brought under 42 U.S.C. § 1983 against the City of Philadelphia and certain police officers who allegedly assaulted the plaintiff causing him numerous injuries. The alleged assault occurred August 20, 1965, at or about the time the plaintiff was arrested by the police officers. The plaintiff filed his complaint in federal court on August 16, 1967, but...

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