United States Second Circuit

In this action for false arrest in violation of plaintiff's First, Fourth, and Fourteenth Amendment rights, plaintiffs participated in the Occupy Wall Street demonstration and were arrested after a confrontation with police at the entrance to the Brooklyn Bridge. Denial of defendant police officers' motion to dismiss the complaint on grounds of qualified immunity is reversed and the case is remanded to instructions to dismiss the complaint, where: 1) the actions of the officers did not constitute an "actual and apparent grant of permission" to plaintiffs to use the roadway, nor do the facts plausibly describe a situation in which reasonable officers would have clearly understood that their actions were interpreted by the demonstrators as a grant of permission, such that arresting the demonstrators would violate clearly established law; and 2) thus, defendants are entitled to qualified immunity.

Appellate Information

• Decided 02/24/2015
• Published 02/24/2015

Judges

• Lynch

Court

• United States Second Circuit

Counsel