United States Second Circuit

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Berg et al. v. NYCP Commissioner, 16‐3146

Held that police officers had qualified immunity from claims that they violated the constitutional rights of Occupy Wall Street protesters. The protesters, who were detained by police during a protest outside a hotel where President Obama was attending a fundraising dinner, claimed that their two‐hour detention violated their First, Fourth, and Fourteenth Amendment rights. Reversing the district court, the Second Circuit held that the officers were entitled to qualified immunity on the claims because they did not violate clearly established law.

Appellate Information

  • Decided
  • Published 2018/07/25


  • Hall


  • United States Second Circuit