Higginbotham v. Sylvester

MEMORANDUM AND ORDER

CASTEL, United States District Judge.

Plaintiff Douglas Higginbotham, who stands 5'9" and was carrying a thirty-pound camera, climbed atop an open air-phone booth that,. itself, was seven feet high. Tightly crowded around the phone booth were people who came to Zuccotti Park in Manhattan to participate in or observe an Occupy Wall Street protest on November 15, 2011. Higginbotham’s intent was to photograph the scene, including the interaction of the police with those present. This action arises out of the arrest of Higginbotham in connection with the foregoing conduct.

The…