Tuesday, February 24, 2015

Second Circuit: Garcia v. Jane & John Does

Amended opinion.

S1983 Qualified Immunity for police officers in Occupy arrests in NYC

Suit can be dismissed by grant of qualified immunity at 12(b)6 stage.

Police allowing protesters onto path offers an affirmative defense to disorderly conduct, doesn't cut against ability to arrest for same.  Police had immunity.

Garcia v. Jane & John Does
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.