A group of “Free Karen Read” protesters who sued Canton Police after the demonstrators were warned they would be arrested for witness intimidation have had their lawsuit appeal tossed by a federal court.

The backers of Read — who’s charged with the murder of her boyfriend John O’Keefe and other charges — had filed a First Amendment lawsuit against Canton police and town officials over the enforcement of Massachusetts witness intimidation statutes.

Before the start of Read’s first trial that ended in a mistrial, the protesters gathered across the street from witness Chris Albert’s business. Meanwhile, Canton cops drove by several times before telling the demonstrators that if Selectman Albert could see the protest, they would be arrested for witness intimidation.

Two days later, the protesters brought the lawsuit against Canton police and town officials.

“The complaint alleged that the appellants feared prosecution for their actions during a November 5, 2023 protest and that their speech would be chilled as to a planned protest to take place on November 12, 2023,” the U.S. Court of Appeals for the First Circuit wrote in its ruling this week.

Then a day after the protesters filed the lawsuit, they moved for emergency relief, asking that the “defendants’ unconstitutional acts… be immediately enjoined by temporary restraining order, to be converted to a preliminary injunction.”

The Canton police and town officials opposed the motion, and the district court ended up denying the protesters’ motion.

Then the protesters brought their lawsuit to federal appeals court.

“Appellants took this appeal on December 10, 2023 from the denial of their emergency motion,” the federal appeals court wrote. “We dismiss this appeal, which concerns only the denial of emergency relief, as moot.”

“We remand to the district court for such further proceedings as are appropriate, noting that the case before the district court has not been dismissed and that no discovery has yet taken place,” the federal appeals court added.

This suit revolves around the Read saga, which involves the death of O’Keefe, who was a Boston police officer. Protesters have been alleging police corruption and a cover-up in the case.

Read has been charged with the murder of O’Keefe, vehicular manslaughter, and leaving the scene of personal injury or death. Her defense attorneys have claimed that there was a third-party killer, and that she’s being framed.

During Read’s first trial, Chris Albert along with other witnesses testified. Albert is a Canton selectman, and his brother is Brian Albert — who at the time of O’Keefe’s death owned 34 Fairview Road, where O’Keefe was found. The other Albert brother is Kevin, a Canton police detective who was recently disciplined following an investigation into misconduct allegations.

The demonstrators before the trial gathered across the street from Chris Albert’s business, D&E Pizza, to “protest against what appeared to be perjury to them,” according to the protesters’ federal court complaint.

As the protesters urged Chris Albert to “speak the truth, and to not bow to pressure to lie,” four Canton cops drove by them several times.

The police officers then “stopped and informed the protestors that they were not permitted to protest there, because if the protest could be seen by Chris Albert, they would deem it to be ‘witness intimidation’ and (appellants) would be arrested.”

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After the district court ended up denying the protesters’ emergency relief motion, three demonstrators were charged with witness intimidation violations by Canton police. Then last month, those charges were dismissed by the state court for lack of probable cause.

“In light of intervening events, this court on August 7, 2024 ordered the parties to address in filings the issue of whether this appeal was moot,” the federal appeals court wrote, ruling, “This appeal from the denial of the motion for emergency relief is dismissed as moot.”

Supporters of Karen Read and Sandra Birchmore rally outside the State House on Thursday. (Nancy Lane/Boston Herald)