
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, April 10, 1991                   TAG: 9104100521
SECTION: VIRGINIA                    PAGE: C-5   EDITION: EVENING 
SOURCE: Associated Press
DATELINE: NORFOLK                                LENGTH: Medium

OFFICIAL RELEASED AS DEFENDANT IN LABOR DAY CASE

Virginia Beach Police Chief Charles R. Wall was released as a defendant in a federal lawsuit arising from the 1989 Labor Day clashes between police and young people.

U.S. Magistrate Tommy E. Miller ruled Tuesday attorneys for Melvin Moore, who claims his constitutional rights were violated by police, have failed to show that Wall authorized or condoned any misconduct by his officers.

Moore, 22, of Hampton, said he was the victim of false arrest, police brutality and a police cover-up in connection with his arrest during the 1989 Labor Day weekend.

Police and young people clashed on the resort city's main beachfront thoroughfare when looting broke out. City officials claim there were too many people in too small a place with too little to do.

The young people, many from predominantly black colleges and universities along the East Coast, said they were harassed by police.

Miller refused to release other defendants in the $8 million lawsuit after Moore's attorneys rested their case Tuesday.

The other defendants are the city of Virginia Beach, a police officer identified only as "John Doe," and private security guard Bryon Fritz. The police officer allegedly smashed Moore in the head with a riot baton after Fritz, an off-duty guard, had him handcuffed on the ground.

Fritz, who is representing himself, asked to be struck from the lawsuit "because there is no evidence that I did anything wrong." Miller denied Fritz's motion.

The city began its defense Tuesday by calling two witnesses who testified that it was not a police officer who beat Moore. The witnesses were Raymond and Steven Troutman, brothers who own a hotel on the corner where Moore was arrested.

Raymond Troutman said Fritz arrested and handcuffed Moore after Moore tripped in a crowd while running across Pacific Avenue. "Some guy in shorts came out of a crowd and bopped him on the head," Troutman said. He described the attacker as a scrawny white man who immediately fled.

by CNB