Legal Opinion

United States v. Fitzgibbon

District Court, District of Columbia

Decided November 12, 1985No. Crim. Nos. 85-0329, 85-0330 and 85-0331Published

1Opinion of the Court

MEMORANDUM AND ORDER

AUBREY E. ROBINSON, Jr., Chief Judge.

On September 11, 1985, this Court dismissed the information in the above captioned cases on the basis of vindictive prosecution. Before the Court is the government’s Motion for Reconsideration. For the reasons discussed below, this motion shall be denied.

On April 22, 1985, Defendants in these combined cases were arrested with other individuals by United States Park Police. At that time, each arrestee was released with a Park Police Citation Form for “Demonstrating Without a Permit.” The reactions of the arrestees to the citation varied…

2Cases cited4 opinions

  1. Bordenkircher v. HayesSupreme Court of the United States · 1978
  2. United States v. GoodwinSupreme Court of the United States · 1982
  3. United States v. Agustin Gallegos-CurielCourt of Appeals for the Ninth Circuit · 1982
  4. United States v. CFW Const. Co., Inc.District Court, D. South Carolina · 1984

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