A federal judge has dismissed a lawsuit filed by two protesters who claimed they were arrested for merely closing their bank account during an Occupy Wall Street protest. Judge Denise Cote ruled [PDF] that officers had probable cause to arrest Heather Carpenter and her husband Julio Jose Jiminez-Artunduaga while she closed out her Citibank account as part of a demonstration against bank fees in October of 2011. However, the judge allowed the lawsuit against police officials and individual officers to proceed.

Carpenter and Jiminez-Artunduaga had entered the Citibank with dozens of others who intended on closing their accounts, and left after doing so before being pulled back into the bank and arrested with 22 others. Charges against the couple were later dismissed, as was the case for many who were detained during large Occupy demonstrations.

The couple's attorney, Ron Kuby, told the Daily News that judge's decision was "puzzling and weird," and that he planned on appealing. "The court acknowledged that the only thing Carpenter did was to close her bank account, and then she left. I know people love banks but you shouldn't be able to arrest someone for closing their account if even they close it in protest."