NASHVILLE, Tenn. (AP) - -
Two high-ranking Tennessee officials are asking a federal appeals court to rule that they did not violate the rights of Occupy Nashville protesters who were arrested on War Memorial Plaza in October 2011.
A lower court last year ruled against Safety Commissioner Bill Gibbons and former General Services Commissioner Steven Cates. The judge found Cates and Gibbons violated protesters' rights after issuing a last-minute curfew for the plaza, then arrested those who refused to leave.
State attorneys argue it was Gibbons' and Cates' job to protect state property and maintain order.
Because Gibbons is married to 6th Circuit Judge Julia Gibbons, all the judges in the circuit have recused themselves. A panel of three judges from other circuits will hear arguments in Cincinnati on Monday.
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