11th Circuit: Protesters' Lawsuit Can Proceed Against Former Police Chief

The 11th Circuit has ruled that peaceful protesters at the 2003 Free Trade Area of the Americas conference in Miami can proceed with First Amendment claims against former Miami Police Chief John Timoney, upholding a lower court ruling that Timoney cannot claim he is protected by qualified immunity. Timoney and two of his top chiefs must face allegations they violated the protesters' rights "by directing and failing to stop subordinate officers to use less-than-lethal weapons to disperse a crowd."

A federal appellate court has ruled peaceful protesters at the 2003 Free Trade Area of the Americas conference in Miami can proceed with their First Amendment claims against former Miami Police Chief John Timoney.

The 11th U.S. Circuit Court of Appeals in Atlanta upheld a ruling by U.S. District Judge Jose Martinez that Timoney cannot claim he is protected by qualified immunity for his actions as a public servant.

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