The two state commissioners that helped institute “new rules” for Occupy Nashville protesters on War Memorial Plaza in 2011 are appealing a federal judge’s ruling against the state.
Department of General Services Commissioner Steve Cates and Department of Safety and Homeland Security Commissioner Bill Gibbons filed the appeal through the state attorney general’s office on June 27.
In an opinion last month , U.S. District Court Judge Aleta Trauger criticized Cates and Gibbons for failing to consult with the attorney general before creating rules that led to the arrest of Occupy protesters. The appeal challenges Trauger's denial of qualified immunity and the findings of constitutional violations.
Trauger ruled that Cates and Gibbons were liable for damages to Occupy protesters both in their capacities as state officials and individually.
The appeal will go to the 6th U.S. Circuit Court of Appeals for review.