# District of Columbia v. Hudson

> District of Columbia Court of Appeals · July 19, 1979 · 404 A.2d 175

URL: https://www.frixlaw.com/law-library/cases/9759360

## Case

- **Full name:** DISTRICT OF COLUMBIA, Appellant, v. Warren HUDSON, Appellee; UNITED STATES, Appellant, v. Warren HUDSON, Appellee; DISTRICT OF COLUMBIA, Appellant, v. Michael Wayne JONES, Appellee; DISTRICT OF COLUMBIA, Appellant, v. Bruce James NAUGHTON, Appellee; DISTRICT OF COLUMBIA, Appellant, v. Christopher MATTHEWS, Appellee; UNITED STATES, Appellant, v. Benjamin MACK, A/K/A Becton R. Speight, Appellee (Two Cases)
- **Court:** District of Columbia Court of Appeals
- **Decided:** July 19, 1979
- **Citations:** 404 A.2d 175; 5 Media L. Rep. (BNA) 1645; 1979 D.C. App. LEXIS 424
- **Precedential status:** Published
- **Opinion:** Concurrence by Mack
- **Judges:** Newman, Kelly, Kern, Gallagher, Nebeker, Harris, MacK, Ferren, Reilly, Yeagley
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9759360

## How later opinions describe it (automated extraction)

- discussing uses of arrest records

## Opinion text

MACK, Associate Judge,
with whom KELLY, Associate Judge, joins, concurring:
I question the conclusion that sealing is the more appropriate remedy. I reject the rationale advanced in support of that conclusion. I favor expungement as a remedy being less cumbersome, more trustworthy, and certainly more satisfactory, psychologically, in making a movant whole. In a complex society where computers go awry, and where an inquiry regarding arrests may have the effect of violating federal law, (see Gregory v. Litton Systems, Inc., 316 F.Supp. 401 (C.D.Cal.1970), aff’d and modified on other grounds, 472 F.2d 631 (9th Cir. 1972)), * I see nothing wrong with permitting an innocent victim of an erroneous apprehension or record to say he has not been arrested.
Because, however, I strongly believe that an equitable remedy is sorely needed for cases of this kind, I concur in the majority opinion.
See also Green v. Missouri Pacific Ry. Co., 523 F.2d 1290 (8th Cir. 1975).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9759360. Public record. Not legal advice.