The Vermont State Police can pay $175,000 to a person arrested for ‘flipping the chook’ at an officer after he sued the division for breaching his First Modification rights.
Police dashcam footage captured the second Gregory Bombard was pulled over by Trooper Jay Riggen’s on a snowy avenue in St. Albans on February 9, 2018.
Bombard was jailed for over an hour after he cursed on the cop and finally sued the division for the pointless site visitors cease and retaliatory arrest, arguing it was a violation of his First Modification rights.
On Wednesday, the division agreed to pay Bombard $100,000 in damages and one other $75,000 for his lawyer’s charges.
‘With this settlement, I hope the Vermont State Police will practice its troopers to keep away from silencing criticism or making baseless automotive stops,’ stated Bombard.
Gregory Bombard (proper) was arrested by Vermont State Trooper Jay Riggen (left) in 2018 as a result of the officer thought the driving force had flipped him off
‘And no less than now I pays my felony lawyer for defending me from the bogus fees and take my 88-year-old mom out for a pleasant dinner.’
Riggen stated he initially pulled Bombard over as a result of he believed the driving force had proven him the center finger.
The trooper let him go after Bombard insisted the officer should have been mistaken, however booked him for disorderly conduct when Bombard did it once more as he drove off – calling the trooper an ‘a*****e.’
The prosecution finally dropped the cost however Bombard filed a civil swimsuit with the backing of the Basis for Particular person Rights and Expression (FIRE) and the American Civil Liberties Union (ACLU).
‘Cursing at cops is not against the law,’ stated FIRE senior lawyer Jay Diaz. ‘Calling it “disorderly conduct” is not a get-out-the-Structure-free card that enables police to silence speech they do not like.
‘Ignorance of the legislation isn’t any excuse for arresting residents for nothing greater than exercising their rights.’
Bombard sued the division claiming his First Modification rights had been violated after an pointless site visitors cease and retaliatory arrest
Riggen first pulled Bombard over as a result of he thought the driving force flipped him off, however after letting him go the cop pulled him over and arrested Bombard for cursing at him
‘We would not tolerate cops who do not perceive site visitors legal guidelines or parking legal guidelines. Effectively, the Structure is the best legislation within the land and it does not permit cops to punish speech they do not like,’ Diaz stated.
Video confirmed Riggen, a 17-year veteran of the division, informed Bombard he stopped him as a result of he feared the finger would possibly an enchantment for assist.
‘You want one thing?’ he requested. ‘Appeared such as you appeared proper at me and also you caught your center finger up my face.’
Bombard denied making the gesture however stated ‘You should be actually delicate.’
The trooper denies being ‘overly delicate’, claiming: ‘That is the primary time in 12 years I’ve ever stopped somebody who I noticed flipping me off so I do not like that insinuation.
‘Chances are you’ll not have been doing that however I believe you’ll be able to agree that if somebody was in search of the eye of a trooper they’re in all probability going to seek out it by giving them that type of detrimental sign. Do you agree with that?’
‘No I do not as a result of I do not perceive that,’ Bombard stated.
Riggen finally accepted Bombard’s denials however pulled him over once more as the driving force made his exit.
Police dashcam footage captured the arrest on a snowy avenue in St. Albans on February 9, 2018
‘It seems to be like as he pulled away, he known as me an a*****e and stated ‘f*** you,’ Riggen radioed via. ‘Flipped the chook. I will arrest him for disorderly conduct.’
Bombard was then ordered out and cuffed on the police cruiser.
‘Whereas our consumer is happy with this final result, this incident ought to by no means have occurred within the first place,’ stated ACLU of Vermont workers lawyer Hillary Wealthy.
‘Police must respect everybody’s First Modification rights—even for issues they contemplate offensive or insulting.’
‘State legislators must do extra to forestall pointless and unjustified police interactions just like the one Mr. Bombard skilled—by downsizing the footprint and broad authority of police in our communities,’ Wealthy stated.
