Vermont Awards $175K to Man Detained for Obscene Gesture to State Trooper
In an unprecedented move, Vermont has agreed to compensate a man to the tune of $175,000 following his unlawful arrest for directing an obscene gesture at a state trooper. This settlement highlights the importance of respecting citizens’ First Amendment rights, even in situations that might initially seem disrespectful to law enforcement officers.
The man, identified as Gregory Bombard, was pulled over and detained by a state trooper in 2018. This action came after Bombard extended his middle finger to the officer, a gesture protected under the First Amendment as it constitutes a form of free speech. As a consequence, the arrest was deemed inappropriate by the legal authorities, leading to this remarkable settlement.
The verdict serves as a reminder for law enforcement to uphold individuals’ rights to freedom of expression, even when these expressions are offensive. While it might be seen as disrespectful, it’s crucial to remember that the First Amendment protects such acts unless they incite violence or harm.
This case has brought the protection of First Amendment rights into the spotlight, emphasizing the need for law enforcement agencies to adapt their conduct. Going forward, it’s expected that this precedent will influence the training and approach of police departments across the country, thereby ensuring the protection of free speech rights.
Article Summary –
Vermont has agreed to pay $175,000 to settle a lawsuit after a man was charged with a crime for showing his middle finger to a state trooper. The American Civil Liberties Union (ACLU), which represented the man, alleged that the trooper had subjected him to an unnecessary traffic stop and retaliatory arrest, violating his First and Fourth Amendment rights. The man was held for over an hour, his car was towed, and he was forced to navigate a criminal proceeding for nearly a year before the charge was dismissed.
Vermont Settles Lawsuit for $175,000 Over Man Charged for Showing Middle Finger to State Trooper
Vermont will pay $175,000 to resolve a lawsuit arising after a man was criminally charged for showing his middle finger to a state trooper, the American Civil Liberties Union (ACLU) reported.
ACLU Alleges Violation of First and Fourth Amendment Rights
The ACLU’s Vermont chapter, representing the man, claimed state trooper Jay Riggen subjected Gregory Bombard to an unconstitutional traffic stop and retaliatory arrest, violating his rights.
“This incident should’ve been avoided,” stated Hillary Rich, ACLU Vermont attorney. “Police should respect even what they find offensive or disrespectful under the First Amendment rights.”
The Incident Leading to the Lawsuit
Bombard was pulled over in St. Albans in February 2018, alleging he showed the middle finger to Riggen. Bombard, who denied the claim, was told he could leave after an interrogation.
As he departed, Bombard exhibited his middle finger again and cursed, leading to his second traffic stop and subsequent arrest for public disorderly conduct, according to the complaint.
Following the arrest, Bombard was incarcerated for over an hour, and his car was towed. Despite the disorderly conduct charges eventually being dismissed, he was embroiled in the criminal proceedings for almost a year.
A second disorderly conduct charge for creating public annoyance by blocking traffic was also later dismissed.
The Lawsuit Settlement Details
Per the June 12 settlement, Vermont will pay Bombard $100,000 in damages and $75,000 in attorney’s fees to ACLU and the Foundation for Individual Rights and Expression (FIRE), who represented Bombard.
Despite the settlement, state trooper Riggen and Vermont neither admitted to the allegations nor any liability. Additionally, the Vermont State Police and the governor’s office have yet to comment on the matter.
“With the settlement, I hope the Vermont State Police improves its trooper training,” said Bombard, adding that he can now pay his criminal attorney and treat his mother to a nice dinner.
Relevant Federal Appeals Court Ruling
In 2019, a federal appeals court ruled that yelling an expletive at a police officer constitutes constitutionally protected speech, and cannot lead to an arrest. This ruling followed a similar verdict that defended a Michigan woman ticketed for showing her middle finger to an officer.
The judge in the appeals court affirmed that such gestures are protected by the First Amendment.
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