A federal appeals court tossed a class action filed against NYPD officers by some 700 Occupy Wall Street protesters who contended they were wrongfully arrested on the Brooklyn Bridge in 2011.
In a rare instance of the three-judge panel reversing itself, the 2nd Circuit Court of Appeals ruled late Monday that cops did not give throngs of Occupiers the impression they were allowed to march onto the bridge roadway Oct. 1, 2011, as they had claimed.
“The facts alleged in the complaint, and those depicted in the videos, do not bear out plaintiffs’ legal conclusion that the officers’ actions constituted ‘an actual and apparent grant of permission’ to the demonstrators to utilize the roadway,” U.S. Circuit Judge Gerard Lynch wrote on behalf of the panel.
The order means that the protesters busted for disorderly conduct cannot sue the 40 NYPD officers who slapped them in cuffs.