In an action alleging that the police unlawfully arrested plaintiffs during a protest, summary judgment for plaintiffs is affirmed in part where the city did not have probable cause to believe that the protesters knew the protest at issue lacked a permit. However, the order is reversed in part where: 1) the city only needed to show that the officers had reasonable grounds to believe that everyone arrested was part of the rioting group; and 2) the city could lawfully complete the mass arrest without first ordering the crowd to disperse and giving plaintiffs an opportunity to comply.
Argued September 16, 2009
Decided November 20, 2009
Stacy Anderson, Peter J. Nickles, Todd S. Kim, Donna M. Murasky, Office of the Attorney General for the District of Columbia, Washington, DC