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JOHNSON v. BAX

No. 1758, Docket No. 94-7900.

63 F.3d 154 (1995)

Arthur JOHNSON, Plaintiff-Appellant, v. Captain Wayne BAX, New York Police Department; Lieutenant Kiernan, NYPD; James DiMartino, Sergeant, NYPD; P/O Horvath, NYPD; New York Police Department, and The City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 16, 1995.

Attorney(s) appearing for the Case

John J.P. Howley, Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiff-appellant.

Elizabeth I. Freedman, New York City (Paul A. Crotty, Corp. Counsel of the City of New York, Francis F. Caputo, New York City, on the brief), for defendants-appellees.

Before: NEWMAN, Chief Judge, WALKER and CALABRESI, Circuit Judges.

JON O. NEWMAN, Chief Judge:

The arrest of a citizen carrying a sign he wanted President Clinton to see during a 1993 visit to New York City has given rise to this appeal. The issue is whether a section 1983 complaint for false arrest and false imprisonment also presents an independent claim for violations of the First Amendment, and, if so, whether the First Amendment claim is barred by the plaintiff's acceptance of an "adjournment...

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