Berg v. N.Y.C. Police Commissoner, No. 16-3146 (2d Cir. 2018)Annotate this Case
The Second Circuit reversed the district court's denial of New York City Police Officers' motion for summary judgment based on qualified immunity in an action alleging violation of protestors' constitutional rights when Officers fully detained them during a protest outside the Sheraton Hotel where President Obama was attending a fundraising dinner. The court held that there were material disputes of fact that did not allow the district court to conclude as a matter of law that the protesters' two‐hour detention was permissible under the special needs exception to the Fourth Amendment's warrant requirement. Nonetheless, the Officers were entitled to qualified immunity where the district court erred in concluding that the Officers' subjective intent in temporarily detaining the protesters was relevant to whether the Officers were entitled to qualified immunity. The court held that reasonable officers could have believed that the approximately two‐hour detention of the protesters in response to concerns for the President's security was justified in light of then established law. Finally, because the Officers could have reasonably believed the temporary detention was lawful, they were also entitled to qualified immunity on the protesters' First Amendment and Fourteenth Amendment claims.