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Judge Upholds Occupy Philly Lawsuit Against Police

Occupy members sleep outside the Wells Fargo building on Old City during the National Gathering. (Credit: Jim Melwert)

Occupy members sleep outside the Wells Fargo building on Old City during the National Gathering. (Credit: Jim Melwert)

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PHILADELPHIA (AP) — A judge says Occupy Philadelphia protesters can proceed with their lawsuit accusing police of unlawful arrest, retaliation and other civil rights violations.

More than two dozen protesters filed suit after they were acquitted of criminal charges stemming from their November 2011 clash with police.

The clash came as city officials sought to move the protesters after seven weeks outside City Hall.

The demonstrators say Philadelphia police nonetheless arrested them after they complied and marched through downtown.

In a ruling Thursday, U.S. District Judge Berle Schiller dismisses their excessive force and illegal search claims for lack of evidence.

But Schiller has upheld their retaliation, unlawful arrest, malicious prosecution and other claims.

A lawyer for the city did not immediately return a call for comment.

(© Copyright 2014 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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