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BERG v. KELLY

Docket No. 16-3146-cv.

897 F.3d 99 (2018)

Phoebe BERG, individually and on behalf of a class of all others similarly situated, Toshiro Kida, individually and on behalf of a class of all others similarly situated, John Rivera, individually and on behalf of a class of all others similarly situated, Dayna Rozental, individually and on behalf of a class of all others similarly situated, Jonathan Jetter, individually and on behalf of a class of all others similarly situated, Plaintiffs-Appellees, v. NYCP Commissioner Raymond KELLY, Chief of NYC P.D. Joseph Esposito, James McNamara, Deputy Chief, in his individual and official capacities, Peter Loehle, Inspector, in his individual and official capacities, Stephen Latalardo, Lieutenant, in his individual and official capacities, John Doe, New York City Police Department, (whose identity is not currently known but who are known to be police officers and/or supervisory personnel of the New York City Police Department); in his individual and official capacities, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 25, 2018.

Attorney(s) appearing for the Case

KATHY CHANG PARK , Assistant Corporation Counsel ( Richard Dearing and Claude S. Platton , on the brief), on behalf of Zachary W. Carter , Corporation Counsel of the City of New York, New York, New York, for Defendants-Appellants.

DAVID B. RANKIN , Beldock Levine & Hoffman LLP, New York, New York, for Plaintiffs-Appellees.

Before: Raggi, Hall, and Carney, Circuit Judges.

This is an appeal from an order entered on August 10, 2016, in the Southern District of New York (Griesa, J.), denying summary judgment in part to Defendants-Appellants Police Officers (the "Officers"), who claimed qualified immunity from suit by Plaintiffs-Appellees, participants in an Occupy wall Street protest.

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