Court of Appeals for the D.C. Circuit August 1, 1989, 88-7242 (Ricky Mark Graham v. David P. Davis)

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Appellant Ricky Mark Graham, a Metropolitan Police Department Officer, was involved in an altercation at the scene of an arrest with a fellow officer, Larry Cauley. Both were in plain clothes, and neither knew the other was a policeman. During the struggle, Cauley and a third officer, David Davis, shot Graham.