Protesters challenging the New York City Police Department’s mass arrests during the Republican National Convention won summary judgment yesterday on the unconstitutionality of police arrests during a march on Fulton Street on Aug. 31, 2004.

But in a case where New York City was arguing the concept of “mass probable cause,” Southern District Judge Richard Sullivan (See Profile) declined to grant summary judgment to either side in another mass arrest later that same day on East 16th Street near Union Square.