A federal judge already has ruled the city of Memphis violated a consent decree when police officers conducted surveillance on protesters in recent years. This summer, another non-jury trial will be held after the city asked the court to modify the 40-year-old consent agreement.

Kevin McKenzie and Montavious Smith will be in court next month after they were arrested at a Memphis mall over an incident that centered around a hoodie.

Editor’s note: Since this story was published, Amanda Bass has pleaded guilty to pretending to be a combat veteran and using the fake story to solicit goods and services from donors through a GoFundMe page.