GARCIA v. DOES

Docket No. 12-2634-cv.

764 F.3d 170 (2014)

Karina GARCIA, as Class Representative on behalf of herself and others similarly situated, Yari Osorio, as Class Representative on behalf of herself and others similarly situated, Benjamin Becker, as Class Representative on Behalf of himself and others similarly situated, Cassandra Regan, as Class Representative on Behalf of herself and others Similarly situated, Yareidis Perez, as Class Representative on behalf of herself and others similarly situated, Tyler Sova, as Class Representative on behalf of himself and others similarly situated, Stephanie Jean Umoh, as Class representative on behalf of herself and others similarly situated, Michael Crickmore, as Class Representative on behalf of himself and others similarly situated, Brooke Feinstein, as Class Representative on Behalf of herself and others similarly situated, Plaintiffs-Appellees, Marcel Cartier, as Class Representative on behalf of himself and others similarly situated, Plaintiff, v. Jane and John DOES 1-40, Individually and in Their Official Capacities, Defendants-Appellants, Raymond W. Kelly, individually and in his official capacity, City of New York, Michael R. Bloomberg, in his official capacity and individually, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2014.


Attorney(s) appearing for the Case

Mara Verheyden-Hilliard ( Andrea Hope Costello and Carl Messineo , on the brief), Partnership for Civil Justice Fund, Washington, D.C. for Plaintiffs-Appellees.

Ronald E. Sternberg , Assistant Corporation Counsel ( Leonard Koerner and Arthur G. Larkin , Assistant Corporation Counsel, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, New York, for Defendants-Appellants.

Judge LIVINGSTON dissents in a separate opinion.


GERARD E. LYNCH, Circuit Judge:

Defendants-appellants ask us to definitively conclude, on the limited record before us on their motion to dismiss for failure to state a claim, that they are entitled to qualified immunity for their arrest of a group of demonstrators. Because we cannot resolve at this early stage the ultimately factual issue of whether certain defendants implicitly invited the demonstrators to walk onto the roadway of the Brooklyn Bridge, which would...

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