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NAT. ASS'N FOR ADVANCEMENT OF COLORED PEOPLE v. LEVI

Civ. A. No. 75-1317.

418 F.Supp. 1109 (1976)

NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE et al., Plaintiffs, v. Edward LEVI et al., Defendants.

United States District Court, District of Columbia.

September 3, 1976.

Attorney(s) appearing for the Case

Nathaniel R. Jones, George E. Hairston, James I. Meyerson, New York City, J. Francis Pohlhaus, Washington, D. C., George Howard, Jr., Pine Bluff, Ark., for plaintiffs.

Earl J. Silbert, U. S. Atty., J. Stanley Pottinger, Asst. Atty. Gen., William L. Gardner, Stephen Horn, U. S. Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION

PARKER, District Judge:

This proceeding presents troublesome questions of standing and prosecutorial discretion. They arise in connection with a citizen's death from gunshot wounds while in custody of Arkansas law enforcement officers. The plaintiffs allege that Federal officials failed to conduct an affirmative and exhaustive investigation of the incident and that they acted arbitrarily, capriciously and in a racially discriminatory manner...

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