Addie Mae Tucker, Administratrix of the Estate of Henry Allen Tucker, Deceased v. Joseph C. Duke

D.C. Circuit

Addie Mae Tucker, Administratrix of the Estate of Henry Allen Tucker, Deceased v. Joseph C. Duke

276 F.2d 499, 107 U.S. App. D.C. 253, 1960 U.S. App. LEXIS 5177

Court of Appeals for the D.C. Circuit·Decided March 10, 1960·No. 15334_1·Published·Cited by 5 cases

Opinions

PER CURIAM.

The appellant administratrix, whose decedent was shot and killed by Gregory M. La Coss, a Capitol policeman, sued him and the United States, his employer, to recover damages in the sum of $150,-000. She joined as defendants, in their individual capacities, Joseph C. Duke, Sergeant at Arms of the United States Senate, Zeake W. Johnson, Jr., Sergeant at Arms of the United States House of Representatives, and J. George Stewart, Architect of the Capitol, who comprised the Capitol Police Board. Her theory was they had negligently employed an incompetent policeman and were personally liable for his alleged tort.

A motion to dismiss the action as to them, filed by Duke, Johnson and Stewart, was granted by the trial court, with an appropriate certificate under Rule 54 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The administratrix appeals. We find no error.

Affirmed.

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PER CURIAM.

The appellant administratrix, whose decedent was shot and killed by Gregory M. La Coss, a Capitol policeman, sued him and the United States, his employer, to recover damages in the sum of $150,-000. She joined as defendants, in their individual capacities, Joseph C. Duke, Sergeant at Arms of the United States Senate, Zeake W. Johnson, Jr., Sergeant at Arms of the United States House of Representatives, and J. George Stewart, Architect of the Capitol, who comprised the Capitol Police Board. Her theory was they had negligently employed an incompetent policeman and were personally liable for his alleged tort.

A motion to dismiss the action as to them, filed by Duke, Johnson and Stewart, was granted by the trial court, with an appropriate certificate under Rule 54 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The administratrix appeals. We find no error.

Affirmed.

Addie Mae Tucker, Administratrix of the Estate of Henry Allen Tucker, Deceased v. Joseph C. Duke, 276 F.2d 499, 107 U.S. App. D.C. 253, 1960 U.S. App. LEXIS 5177 (D.C. Cir. 1960).

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276 F.2d 499 (Addie Mae Tucker, Administratrix of the Estate of Henry Allen Tucker, Deceased v. Joseph C. Duke) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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