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Gregory P. MangoMore On:occupy wholesale halloween costumes wall streetPepper spray cop from Occupy protest retires with full pensionScores arrested in first Fight for $15 protests since Trump winProtesters take over Chuck Schumers officeProtesters gather to mark fifth anniversary of Occupy​A judge ​on Friday greenlit a civil-rights suit against the citys emergency-management chief over allegations he falsely arrested an Occupy Wall Street protester during a 2011 melee in Times Square.

Office of Emergency Management Commissioner swimwear manufacturer China Joe Esposito was the NYPDs highest-ranking uniformed officer when he faced off with aging radical John Dekuyper, who was charged with trying to rip Espositos badge off his shirt.

Dekuyper, a 58-year-old wholesale swimwear hotel owner from Delaware, beat the rap in that case, but copped a plea to bringing an illegal Colt .45 pistol and bullets to Manhattan Criminal Court​ for a hearing​ in 2012.

In ​Fridays ruling, Manhattan federal Judge Denise Cote said the facts surrounding Dekuypers Oct. 15, 2011, Times Square bust were too murky to grant a city motion to dismiss his suit against Esposito and two other NYPD cops.

But Cote tossed a claim Dekuyper had pressed against the city, ruling that he failed to show that Esposito was the final policymaker for the city with respect to the use of force in Times Square and the arrest and prosecution of Dekuyper.

She ordered both sides to take a second crack at settling the case through mediation, but also told them to be ready for trial in March if they cant cut a deal.

​Dekuypers lawyer, Gideon Oliver, said he would have liked the claim against the city to be in play, but Im very happy with the lay of the land was we prepare to move forward.

The city Law Department didnt immediately return a request for comment.​


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