BUCHANAN v. BARR

No. 22-5133 Consolidated with 22-5139.

71 F.4th 1003 (2023)

Radiya BUCHANAN, et al., Appellants v. William P. BARR, In his individual capacity as Former U.S. Attorney General, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 2023.


Attorney(s) appearing for the Case

Scott Michelman and Lee R. Crain argued the causes for appellants. With them on the briefs were Anne Champion , Arthur B. Spitzer , Dennis Corkery , Jonathan M. Smith , Jon Greenbaum , Arthur Ago , David Brody , John A. Freeman , and David E. Kouba.

Scott F. Regan and Victoria Clark were on the brief for amici curiae Institute for Justice and Foundation for Individual Rights and Expression in support of appellants.

Gabriel K. Gillett , Ishan K. Bhabha , and Lauren J. Hartz were on the brief for amici curiae Bipartisan Former Members of Congress in support of appellants.

Sarah Helene Duggin , Donald Crane , Kwaku A. Akowuah , Tobias S. Loss-Eaton , and Lakeisha F. Mays were on the brief for amici curiae Clergy and Religious Institutions in support of appellants.

Brian J. Springer , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Mark B. Stern , Attorney.

Christopher A. Zampogna was on the brief for appellee Sean Kellenberger.

Concurring opinion filed by Circuit Judge Walker.


Appellants, individual protestors and Black Lives Matter D.C., brought these consolidated actions against federal law enforcement officers, alleging that officers' actions in clearing protestors from Lafayette Park in June 2020 violated their First, Fourth, and Fifth Amendment rights and seeking damages under Bivens...

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