A federal appellate court kept alive South Carolina-based Occupy Columbia’s federal lawsuit against a raft of state officials following protesters’ arrest in November 2011 for violating a curfew outside the state capitol building.

On Monday in Occupy Columbia v. Haley, the U.S. Court of Appeals for the Fourth Circuit affirmed South Carolina District Judge Cameron McGowan Currie’s February 2013 denial of qualified immunity to the state defendants.