Last month, 24 Occupy Wall Street demonstrators were arrested after they marched to the Citibank at 555 LaGuardia in a mass attempt to close their accounts. They were all charged with criminal trespass, but two protesters, Heather Carpenter and fiance Julio Jose Jiminez-Artunduaga, were also charged with resisting arrest—and now they are both suing the city for false arrest and excessive force. Below, you can see a video of the two being arrested, starting at 1:27.
The charges against Jimenez-Artunduaga were dismissed Monday at the request of prosecutors and the Manhattan district attorney's office has indicated it will drop its case against Carpenter next month, according to her lawyer Ronald Kuby. They filed suit Monday—against the city; the chief of the department for the New York Police Department, Joseph J. Esposito; and four unnamed officers—alleging that the officers dragged them back into the bank in order to arrest them.
The conduct of the defendant officers in restraining, arresting and imprisoning plaintiffs was totally without probable cause and was done maliciously, falsely and in bad faith...It was the defendants who dragged them into the bank—the premises upon which they had allegedly trespassed—to arrest them.
The NYPD countered their allegations, saying the two had falsely claimed not to be involved in the protest: “Both individuals were observed early on disrupting business inside the bank, and then slipping outside as arrests were underway, claiming falsely they were not engaged in the disruption,” Paul Browne told the NY Times. "While still inside the bank, they were told to leave by bank personnel and did not. In fact, the male can be seen on a separate Youtube video videotaping, and at one point going behind the bank’s customer service desk to do so.”
You can see the video in question below—Jiminez-Artunduaga can be sen videotaping at :14, and going behind the counter (to take video) at :53. According to the uploader, "all the people seen protesting in this video were trapped inside and then arrested."
Previously, Citibank lay the blame for the arrests on the NYPD's shoulders: "no one was arrested for closing an account; we didn't lock people in our branch—the police decided to close the branch; and we didn't ask for anyone to be arrested—that is a police decision."
In the video below, you can see Jiminez-Artunduaga apparently being dragged back into the bank by police (around 2:52 mark) after they have begun explaining to protesters inside that they will be arrested for trespassing: