2nd Circuit today - arguable probable cause justifies qualified immunity

CT
Chuck Thompson
Mon, Jul 24, 2017 2:26 PM

Congratulations to Melanie West and Deborah Brenner of the Corporation Counsel's office in NYC for a win in the 2nd Circuit involving the claim against officers who arrested a man who refused to comply with their orders.  This Section 1983 claim arose when a lawyer decided to converse with folks engaging in an anniversary protest of the Occupy Wall Street movement in Zuccotti Park.  The lawyer stopped outside the barricades to "talk" with the protestors. After a minute or two, the officers directed him to either move on or move into the protest zone.  When he refused either direction the officers arrested him.  The 2nd Circuit found that the officers had arguable probable cause to do so and that qualified immunity applied.  The 2nd Circuit also dismissed claims of false arrest and false imprisonment brought against the officers and the City.
http://www.ca2.uscourts.gov/decisions/isysquery/99979624-5ae8-476c-9bea-5877846ddb94/1/doc/15-2053_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/99979624-5ae8-476c-9bea-5877846ddb94/1/hilite/

Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland  20850
202-466-5424  x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required)
To register, go to: http://imla.org/events/conferences#registration
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC

Congratulations to Melanie West and Deborah Brenner of the Corporation Counsel's office in NYC for a win in the 2nd Circuit involving the claim against officers who arrested a man who refused to comply with their orders. This Section 1983 claim arose when a lawyer decided to converse with folks engaging in an anniversary protest of the Occupy Wall Street movement in Zuccotti Park. The lawyer stopped outside the barricades to "talk" with the protestors. After a minute or two, the officers directed him to either move on or move into the protest zone. When he refused either direction the officers arrested him. The 2nd Circuit found that the officers had arguable probable cause to do so and that qualified immunity applied. The 2nd Circuit also dismissed claims of false arrest and false imprisonment brought against the officers and the City. http://www.ca2.uscourts.gov/decisions/isysquery/99979624-5ae8-476c-9bea-5877846ddb94/1/doc/15-2053_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/99979624-5ae8-476c-9bea-5877846ddb94/1/hilite/ Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required) To register, go to: http://imla.org/events/conferences#registration IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC