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WESBY v. DISTRICT OF COLUMBIA

No. 12-7127.

765 F.3d 13 (2014)

Theodore WESBY, et al., Appellees v. DISTRICT OF COLUMBIA, et al., Appellants. Edwin Espinosa, Officer-Metropolitan Police Department, in both his official and individual capacities, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided September 2, 2014.

Attorney(s) appearing for the Case

Carl J. Schifferle, Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellants. With him on the briefs were Irvin B. Nathan, Attorney General, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General, at the time the briefs were filed. Loren L. AliKhan, Deputy Solicitor General, entered an appearance.

Gregory L. Lattimer argued the cause and filed the brief for appellees.

Dissenting opinion filed by Circuit Judge BROWN.

PILLARD, Circuit Judge:

A group of late-night partygoers responded to a friend's invitation to gather at a home in the District of Columbia. The host had told some friends she was moving into a new place and they should come by for a party. Some of them informally extended the invitation to their own friends, resulting in a group of twenty-one people convening at the house. With the festivities well underway, Metropolitan Police Department ("MPD") officers responded...

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