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MARCAVAGE v. CITY OF NEW YORK

Docket No. 10-4355-cv.

689 F.3d 98 (2012)

Michael MARCAVAGE, Steven C. Lefemine, Plaintiffs-Appellants, v. The CITY OF NEW YORK, Raymond Kelly, in his individual and official capacity as the Commissioner of the New York City Police Department, Sergeant Ebanks, Captain Staples, Officer Donnelly, as yet Unknown Officers, in their individual capacities and official capacities as Police Officers for the New York Police Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 2, 2012.

Attorney(s) appearing for the Case

James A. Campbell ( Jeffrey A. Shafer , Brian W. Raum , on the briefs), Alliance Defense Fund, for Plaintiffs-Appellants.

Drake A. Colley ( Edward F.X. Hart , on the brief), for Michael A. Cardozo , Corporation Counsel of the City of New York, for Defendants-Appellees.

Before: JACOBS, Chief Judge, LEVAL and LIVINGSTON, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Michael Marcavage and Steven Lefemine ("Plaintiffs"), protesters at the 2004 Republican National Convention at Madison Square Garden, were arrested after they failed to comply with police instructions to move along from an area where demonstrating was prohibited and to one designated for protesting. They brought this suit under 42 U.S.C. § 1983 against the New York City Police Department ...

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