New York – NYC Wins Appeal Over Wall Street Lawyer Arrested At Protest

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    New York – A Wall Street lawyer arrested in 2013 after he stopped on the sidewalk to talk with Occupy Wall Street protesters cannot seek damages from New York City and its police for false arrest and imprisonment, a federal appeals court ruled on Monday.

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    By a 3-0 vote, the 2nd U.S. Circuit Court of Appeals in Manhattan said police acted reasonably in arresting Stephen Kass, an environmental lawyer at Carter Ledyard & Milburn who was 73 at the time, in downtown Manhattan.

    Kass was cited for disorderly conduct after refusing several requests to stop talking with protesters from a sidewalk, outside barricades that had surrounded them in Zuccotti Park, shortly before 5 p.m. on Sept. 17, 2013.

    The police had been concerned about crowd control, and handcuffed Kass after he refused to move inside the park or “keep walking.”

    In June 2015, a federal judge rejected the city’s argument that the officers involved were immune from Kass’ claims.

    But the appeals court overturned that ruling. It said that while sidewalks are “generally open to the public,” the city’s interest in maintaining public safety and order outweighed Kass’ First Amendment right to listen to the protesters.

    “The government certainly has a significant interest in keeping its public spaces safe and free of congestion,” Circuit Judge John Walker wrote.

    Under the circumstances, “it was objectively reasonable for the officers to infer that Kass’s continued defiance of their orders recklessly created a risk that he would cause public inconvenience, annoyance or alarm, including a public disturbance,” Walker added.

    A lawyer for Kass had no immediate comment. A spokesman for New York City’s law department did not immediately respond to requests for comment.

    The appeals court said it lacked jurisdiction over Kass’ remaining state law claims, for malicious prosecution and assault and battery.

    Kass had been walking up Broadway, on his way to a music lesson, when he stopped at the protest. The charge against him was eventually dismissed because prosecutors did not pursue it.

    The case is Kass v. City of New York et al, 2nd U.S. Circuit Court of Appeals, No. 15-2053.


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