United States DC Circuit

In an action alleging that the police unlawfully arrested plaintiffs during a protest, summary judgment for plaintiffs is affirmed in part where the city did not have probable cause to believe that the protesters knew the protest at issue lacked a permit. However, the order is reversed in part where: 1) the city only needed to show that the officers had reasonable grounds to believe that everyone arrested was part of the rioting group; and 2) the city could lawfully complete the mass arrest without first ordering the crowd to disperse and giving plaintiffs an opportunity to comply.

Appellate Information

• Decided 11/20/2009
• Published 11/20/2009

Judges

• Before: SENTELLE, Chief Judge, GRIFFITH, Circuit Judge, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stacy Anderson, Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellant.   With her on the briefs were Peter J. Nickles, Attorney General, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General.


• For Appellees:
  
• Daniel M. Schember argued the cause for appellees.   With him on the brief were Susan B. Dunham, Arthur B. Spitzer, and Fritz Mulhauser.