Video footage of New Years at Zuccotti Park.

A group of 14 Occupy Wall Street protesters filed a lawsuit in federal court this week claiming that the NYPD violated their Constitutional rights by arresting them during an impromptu march near Zuccotti Park in the early hours of New Year's Day. Attorneys for the plaintiffs claim that the NYPD used an "illegal 'trap and arrest' tactic" to detain the protesters with the orange netting that has become an ever-present threat during Occupy events. "Whenever the police unlawfully arrest peaceful protestors, it chips away the people's Constitutional right to protest for redress of grievances," attorney David Thompson stated in a press release.

Nearly 70 protesters were arrested that evening, many for trespassing or the catchall charge of obstructing governmental administration. The suit asks for damages and other forms of relief.

Amy Goodman of Democracy Now! speaks with Occupy Wall Street activist Cecily McMillan, and Meghan Maurus, McMillan's attorney and mass defense coordinator at the New York City chapter of the National Lawyers Guild.

McMillan suffered a seizure when New York City police officers pulled her from the crowd and arrested her as hundreds attempted to re-occupy Zuccotti Park on Saturday, to mark sixth months since the launch of the movement. In her first television interview since her arrest, McMillan says she has decided to speak out because of an outpouring of public support. "I have received so many emails, Twitter messages and phone calls. People are just horrified about what happened to me." McMillan has a black eye and her body is covered in bruises, at least one in the shape of a handprint. She says she was not allowed to contact an attorney while she was taken to the hospital and transferred to a jail cell along with some of the 72 other detained protesters. Facing charges of police assault and obstructing governmental administration, she was released Monday after a judge denied a request that her bail be set at $20,000. McMillan is northeast regional organizer for Young Democratic Socialists of America, and a graduate student at the New School for Social Research.

More video of McMillan's arrest and treatment while she was suffering a seizure during Saturday's police brutality:

Here at about 7:20 into the video, and remember these may not be suitable for work due to language and graphic nature.

Video Here.

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In a legal brief made public yesterday, the NYCLU argues that Brookfield Properties had no legal right to force Occupy Wall Street protesters out of Zuccotti Park on November 15th of last year. The civil liberties group intends to file an amicus brief in support of a protester named Ronnie Nunez, who was arrested when he refused to leave Zuccotti Park after the NYPD raid and eviction. According to the NYCLU, Brookfield had no legal authority to exclude people from the park, which Brookfield is legally required to keep open to the public at all times. . From the NYCLU filing:

City zoning law makes unambiguously clear that private owners must obtain the advance approval of the City Planning Commission (“CPC”) before enforcing any restrictions on public access to a privately owned public space [POPS]. The law also makes clear that before the CPC can authorize any restrictions, there must be strict compliance with important procedural protections that are designed to protect public access.

Since the creation of Zuccotti Park in 1968, the public has had a permanent license to be present. In lieu of CPC approval, Brookfield had no authority to exclude Mr. Nunez or anyone else from Zuccotti Park. Therefore, the accusatory instrument against Mr. Nunez is insufficient and Defendants’ motion to dismiss the information should be granted.

POPS are akin to “an easement held by the public on the owner’s property.” As spaces legally mandated to be open and accessible for the public’s benefit and use, POPS are subject to constitutional protections as traditional public fora under the First Amendment. Indeed, courts have acknowledged that when a space is explicitly designated for public use, like a POPS, it is clear that such areas are “inherently compatible” with First Amendment activity and subject to constitutional protections as traditional public fora.

Mr. Nunez is facing charges of trespassing, obstructing governmental administration and disorderly conduct. His attorney tells the New York Times, "All of those charges have to start with a lawful order, otherwise the cops are just bouncers with badges."