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McDONALD v. DUNNING

Civ. A. No. 90-691-A.

760 F.Supp. 1156 (1991)

Dexter M. McDONALD, Plaintiff, v. James H. DUNNING, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

March 25, 1991.

Attorney(s) appearing for the Case

Watson, Constance W. Rosenberg & Watson, Alexandria, Va., for Dexter M. McDonald.

John J. Brandt, Robert S. Corish, Slenker, Brandt, Jennings & Johnston, Fairfax, Va., for James H. Dunning, Sheriff.

Jack L. Gould, Thomas O. Lawson, Lawson, Kipp & Forbes, Fairfax, Va., for Edward Semonian, Clerk.

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

In this unusual case, a series of errors by local and state officials led to the mistaken arrest and jailing of plaintiff for failure to appear to serve a sentence he had in fact already served. The question presented by defendants' summary judgment motions is whether the errors are intentional acts of constitutional magnitude so as to support...

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