UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA




STATEMENT OF MATERIAL FACTS NOT IN DISPUTE



1. The occurrences alleged herein against the District
of Columbia took place in March of 1983. (Second Amended Complaint
pares. 14 and 16).



2. The first time that Captain Canfield ever had personal
contact with William Thomas was on March 8, 1983, when he observed
a large structure constructed by and belonging to Mr. Thomas in
front of the Executive Office Building, and noticed that he was
sleeping in that structure. He awakened him and informed him that
he was not permitted to maintain a temporary abode on D.C. public
space without a permit, and told him to abate the nuisance. (Canfield
Depo. in C.A. No. 84-3552, pgs. 23-27).



3. Immediately prior to awakening Mr. Thomas on March 8,
1983, Captain Canfield approached an unidentified sergeant on
duty at the White House, and asked that person if he knew how
Mr. Thomas had gotten there. Defendant Canfield was informed that
Mr. Thomas moved his structure there from the White House sidewalk
at night for sleeping. (Canfield Depo. pgs. 49-50).



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4. The structure in which Mr. Thomas was sleeping was seven
or eight feet long, four or five feet wide, and several feet high,
and contained living necessities, such as a charcoal burner. (Canfield
Depo. pgs. 36, 55).



5. Captain Canfield, after having warned Mr. Thomas that
he would have to either get a permit, or stop living in the structure,
researched the law. He returned on March 9, 1983, and again saw
Mr. Thomas sleeping. He woke him up, and informed Mr. Thomas of
the specific regulation that he was violating, and again informed
him that he would have to get a permit to continue sleeping in
the abode on public space. Mr. Thomas threatened to sue him. (Canfield
Depo. pgs. 42, 53, and 56).



6. On March 9 and 10, Captain Canfield had a conversation
with an attorney in the General Counsel's Office of the Metropolitan
Police Department (Terry Ryan) about Mr. Thomas' abode. The conversation
was prompted by a contact with the General Counsel by Mr. Thomas'
attorneys. (Canfield Depo. pgs. 42-44).



7. Also on March 9 or 10, Captain Canfield had a conversation
with the Park Police, in which he was told that they intended
to have Thomas move his structure from the White House. He told
the Park Police that he was conducting an investigation into whether
Thomas was using his structure as a temporary abode on D.C. public
space without a permit, and if he had probable cause to do so,
he intended to arrest Mr. Thomas for that violation. (Canfield
Depo. pgs. 59-60).



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8. On March 11, Captain Canfield checked early in the morning,
and did not see Mr. Thomas sleeping in the structure. Later in
the morning the Park Police called him to say that Thomas' structure
had been moved off federal property, and onto D.C. property. (Canfield
Depo. pgs. 60-64).



9. Captain Canfield returned to the Executive Office Building
sidewalk later in the morning of March 11, and found Mr. Thomas
at the structure. He informed him that he must abate the nuisance,
or obtain a permit. If he did not have a permit, Canfield told
Thomas, he would have to move the structure by the end of the
day. (Canfield Depo. pgs. 64-73).



10. Mr. Thomas, in the structure, appeared very upset.
As the Captain then removed his torso from the structure, he observed
Mr. Thomas flicking a lighter and then jumping out. The structure
caught on fire causing $5,000.00 worth of damages to the White
House fence. Captain Canfield arrested Mr. Thomas for arson. (Canfield
Depo. pg. 73).



11. Mr. Thomas was charged by the United States Attorney
with felony destruction of property ($5,000.00 damage to the White
House fence pillars, Criminal Action No. F-1453-83, Superior Court
of the District of Columbia), for which he was convicted after
a trial at which he testified. (Canfield Depo. pgs. 103, 120,
and 126).



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12. Captain Canfield did not engage in any conspiracy to
deprive Mr. Thomas of his constitutional rights. (Canfield Depo.
pgs. 46, 64, 66-67, 122, and 124).



13. Captain Canfield's entire involvement with Mr. Thomas
was Strictly concerned with Mr. Thomas' use of a "temporary
abode" on D.C. public space, in contravention of D.C. regulation,
24 D.C.M.R. (Public Space & Safety), Chapter 1, §121-1,
end 'tine subsequent arrest for arson following the fire started
by Mr. Thomas. This defendant's actions had nothing to do with
any expression by Mr. Thomas pursuant to the First Amendment.
(Canfield Depo. pg. 64).




  
BY:

  
FREDERICK D. COOKE, JR.

  Corporation Counsel, D.C.

  
MARTIN L. GROSSMAN

  Deputy Corporation Counsel, D.C.

  Civil Division

  
A ARTHUR D. BURGER, [181933]

  Assistant Corporation Counsel, D.C.

  Attorney for Defendant

  District Building, Room 314

  1350 Pennsylvania Avenue, N.W.

  Washington, D.C. 20004

  Telephone No. 727-6303





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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA



MARY HUDDLE, et al.
              Plaintiffs

         v.                   Civil Action No. 88-3130 JHG

RONALD REAGAN, et al. 
              Defendants



O R D E R



Upon consideration of the District of Columbia's Motion
To Dismiss and/or for Summary Judgment, the opposition thereto,
the oral arguments presented to the Court on January 9, 1989,
and upon consideration of the entire record herein it is this
_ day of January, 1989, hereby, ORDERED: That the District of
Columbia's motion is granted and the case against the District
of Columbia is dismissed with prejudice.



JOYCE HENS GREEN

U.S. DISTRICT COURT




  
cc: Arthur D. Burger, Chief

  General Litigation Section II

  Corporation Counsel, D.C.

  District Building, Room 314

  Washington, D.C. 20004

  
Michael J. Martinez, Esq.

  U.S. Attorney

  Room 4126

  555 4th Street, N.W.

  Washington, D.C. 20001


William Thomas

  1440 N Street, N.W.

  Apt. # 410

  Washington, D.C. 20004

  
Scott Galindez

  P.O. Box 27217

  Washington, D.C. 20038





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