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EDREI v. MAGUIRE

Docket No. 17-2065 August Term, 2017.

892 F.3d 525 (2018)

Anika EDREI, Shay Horse, James Craven, Keegan Stephan, Michael Nusbaum, and Alexander Appel, Plaintiffs-Appellees, v. Lieutenant John MAGUIRE, individually and in his official capacity, Officer Mike Poletto, individually and in his official capacity, Shield No. 3762. Defendants-Appellants, William Joseph Bratton, New York Police Department (NYPD) Commissioner, City of New York. Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 13, 2018.

Attorney(s) appearing for the Case

GIDEON O. OLIVER ( Michael Decker and Elena L. Cohen , on the brief), Law Offices of Gideon Orion Oliver, New York, NY, for Plaintiffs-Appellees.

INGRID R. GUSTAFSON ( Richard Dearing and Devin Slack , on the brief), for Zachary W. Carter, Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellants.

Before: Katzmann, Chief Judge, Walker, and Pooler, Circuit Judges.

This appeal arises out of the New York Police Department's ("NYPD" or "Department") response to a December 2014 protest in Manhattan. The six individual plaintiffs allege that Lieutenant John Maguire and Officer Mike Poletto ("defendants") violated their Fourteenth Amendment rights by using a long-range acoustic device ("LRAD...

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