All attendees, including Mr. Wesby, were arrested for trespassing. They then sued the police for wrongful arrest (no probable cause) and lack of qualified immunity.
The questions presented are:
Do officers have probable cause to arrest for unlawful entry under D.C. law despite a claim of good-faith entry? and
Was the law sufficiently clearly established to justify the denial of immunity to the officers?
|Going to a different kind of party.|
Justice Sotomayor closed by asking Petitioner's counsel, "Twenty one people en masse arrested for trespassing for going to a party. Does that feel right?"
Party on, Mr. Wesby? We will see.
Thanks to Oyez for the transcript.
Decision below at 765 F.3d 13 (8th Cir. 2016).
Cert. granted Jan. 19, 2017