MEMORANDUM OPINION
MORTON, District Judge.
This is an action for damages brought under 42 U.S.C. § 1983. The jurisdiction of this court is invoked pursuant to 28 U.S.C. § 1343.
Plaintiff Gregory N. Aldridge claims that he was unlawfully assaulted by the defendant police officer, Andrew Mullins, on the evening of September 30, 1970. Plaintiff maintains that the alleged assault was committed "under color of law" in the defendant's capacity...
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