Nancy Sullivan v. C. Francis Murphy, Corporation Counsel

U.S. Court of Appeals for the D.C. Circuit
Nancy Sullivan v. C. Francis Murphy, Corporation Counsel, 444 F.2d 840 (D.C. Cir. 1971)
143 U.S. App. D.C. 382; 1971 U.S. App. LEXIS 10024
Bazelon, Per Curiam, Tamm, Wilkey

Nancy Sullivan v. C. Francis Murphy, Corporation Counsel

Opinion

ORDER

PER CURIAM.

This cause came on for consideration of appellants’ motion for summary reversal of the denial of a temporary restraining order, and the Court heard argument of counsel.

On consideration of the foregoing, it is

Ordered by the Court that the order of the District Court denying a temporary restraining order is reversed, and it is

Further ordered by the Court that, until the District Court rules on appellants’ motion for preliminary injunction, appellees are enjoined from the further prosecution of any cases, against appellants or members of the class appellants purport to represent, in which appellees do not reasonably believe that they have in their files and records adequate evidence to support probable cause for arrest and charge, and in which, for this reason, appellees intend to consent to dismiss on the appearance of the defendants in court, and it is

Further ordered by the Court that, until the District Court rules on appellants’ motion for preliminary injunction, appellees shall take all reasonable steps to avoid requiring the appearance of those against whom appellees reasonably believe there is insufficient evidence to justify continuation of the prosecution, and to notify those who are not required to appear.

This order does not prohibit appellees from further bona fide prosecution in any case in which they reasonably believe that they have adequate evidence to support probable cause for arrest and prosecution, nor does it preclude the ap-pellees from suspending any or all prosecutions until the hearing on the preliminary injunction in the District Court, or until such time as they are able to make an orderly determination in each case as to whether prosecution is to be continued.

Reference

Full Case Name
Nancy SULLIVAN Et Al., Appellants, v. C. Francis MURPHY, Corporation Counsel, Et Al.
Cited By
1 case
Status
Published