Judge Allows Couple To Sue New York Police
A federal judge allowed claims of excessive force filed by two Occupy Wall Street protesters against New York police officers to move forward on Wednesday, but threw out their claims of false arrest.
U.S. District Judge Denise Cote also dismissed all claims against New York City, finding that Heather Carpenter and her fiancé, Julio Jose Jimenez-Artunduaga, failed to show that the alleged excessive force reflected an "official policy" of the police department.
The lawsuit stems from an Oct. 15, 2011, incident at a Citibank branch in downtown Manhattan at the height of the Occupy movement, which arose to protest economic inequality.
Carpenter and Jimenez marched to the bank with a group of protesters. While some protesters staged a "teach-in" inside the branch, discussing negative experiences with bigbanks, Jimenez videotaped the proceeding.
Carpenter, meanwhile, went to a teller to close her account as part of the demonstration.
After bank employees asked protesters to leave, police officers closed the doors and arrested protesters who remained inside for trespassing.
Carpenter was permitted to leave the bank after showing her receipt but was subsequently arrested outside when an undercover officer told a supervisor that she was one of the protesters.