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BARHAM v. SALAZAR

Nos. 07-5305, 07-5306.

556 F.3d 844 (2009)

Jeffrey BARHAM, et al., Appellees v. Kenneth Lee SALAZAR, Secretary, Department of Interior, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 20, 2009.

Attorney(s) appearing for the Case

Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for federal appellants. With her on the briefs were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Rudolph Contreras, Assistant U.S. Attorney, entered an appearance.

Jonathan Turley argued the cause for appellees. With him on the brief were Carl Messineo, Mara Verheyden-Hilliard, and Daniel C. Schwartz.

Concurring opinion filed by Circuit Judge HENDERSON.

SENTELLE, Chief Judge:

Appellant Richard Murphy, a United States Park Police official at the time of the events in question, was sued in his personal capacity for his participation in a mass arrest that occurred during demonstrations in September 2002 in protest against policies of the World Bank and International Monetary Fund. Murphy argued to the district court that he was entitled to qualified immunity, under which he would be shielded from liability. The district...

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