A man arrested and charged for causing offense to a Vermont State Police (VSP) trooper settled last month for $175,000.
“Police officers often abuse their power to retaliate and suppress speech they personally find offensive or insulting,” said Lia Ernst, legal director of the ACLU of Vermont. reason About this case. “This settlement demonstrates that violating these rights does not come without costs.”
through precipitation, Gregory Bombard will receive $100,000 in damages. The ACLU of Vermont and the Foundation for Individual Rights and Expression (FIRE), which both represent Bombard in the lawsuit, will receive the remaining $75,000.
All told, a FIRE spokesman said Bombard spent “approximately a year fighting the criminal charges and more than three years seeking declaratory relief.” reason.
A spokesman for the Vermont State Police said the officer who arrested Bombard, Jay Riggen, “retired from VSP effective May 31, 2024.” reason. “We have no further comment on this case.”
February 2018, bomber stopped Vermont State Trooper Riggen believes Bombard gave him the middle finger while driving – charges against Bombard deny. However, after Regan stepped out of the vehicle, Bombard threw Regan away and cursed at the officer in frustration at being pulled over.
In response, Ragen pulled Bombard over again and arrested him for disturbing the peace. “The first one was probably a mistake,” explain During his arrest, Regan mentioned the reason for the first arrest, but “certainly not the second.”
Bombard’s lawsuit claims, whether erroneous or not, that it is protected by the Constitution. “Raise your ‘middle finger’ and use profanity to protest police conduct constitutes expression protected by the First Amendment,” Bombard’s attorneys wrote in the complaint.
“It is highly likely that the state will reach a settlement because the court will likely find that Mr. Bombard’s First Amendment rights were violated,” said Peter Teachout, a professor at Vermont Law School. “The First Amendment protects not only oral communication but also ‘expressive conduct'” This can include gesture.
“Indeed, a significant portion of First and Fourth Amendment case law arises out of police retaliation against people who have hurt their feelings—much of it staunchly defending selective language or actions against public officials. The right to gesture,” wrote reasonCJ Ciaramella last year. These include a 2013 ruling by the U.S. Court of Appeals for the Second Circuit that sided with a New York man who was arrested for flashing the middle finger to police, and a 2021 ruling by the U.S. Court of Appeals for the Eighth Circuit that sided with a New York man arrested for flashing middle finger to police.
In this case, Bombard’s gesture expresses a very simple idea: disgust at Regan pulling him over. And, whether the officer realizes it at the time or not, such expressions of disgust are generally protected by the First Amendment.
“Theoretically, the police can’t arrest you because you annoy them or even anger them,” said Rebecca Tushnet, a professor at Harvard Law School. reason Via email. “As long as you’re not threatening, you have the right to be abusive.”
