A $175,000 settlement has been reached in the lawsuit of a Vermont man who said he was arrested after giving a police officer the middle finger, the American Civil Liberties Union said Wednesday.
The civil rights organization said a state trooper stopped Gregory Bombard, claiming he had made the gesture, which Bombard denied. An argument ensued and then Bombard gave the officer the middle finger, which led to his arrest on allegations of disorderly conduct, the ACLU said.
“Police need to respect everyone’s First Amendment rights — even for things they consider offensive or insulting,” said Hillary Rich, staff attorney at the ACLU of Vermont. said in a statement.
The lawsuit was filed by the ACLU of Vermont and the Foundation for Individual Rights and Expression, or FIRE, against the officer and the state of Vermont.
The defendants did not admit any guilt, the settlement agreement says.
Bombard will receive $100,000 and the other $75,000 will go toward legal fees, the ACLU said.
The lawsuit alleged violations of Bombard’s First Amendment speech protections and Fourth Amendment protections against unreasonable search and seizure.
Dash camera video posted online by FIRE it showed the officer telling Bombard during the traffic stop that as he passed by, “it felt like you looked right at me and it felt like you stuck your middle finger in my face.”
Bombard denied this, saying the officer seemed sensitive. “If someone lets you down, what’s the quote? What is the crime? he said in the video.
The officer responded that he thought a gesture like that meant someone was trying to get his attention, and that was unusual.
The officer says Bombard is free to go and returns to his patrol vehicle. Bombard then drives away and the officer in his car is heard saying that Bombard used an offensive phrase and “flipped the bird” and that he was going to stop him and arrest him for disorderly conduct.
A Vermont State Police spokesperson did not immediately respond to a request for comment Wednesday evening.
Bombard, in a statement released by the ACLU and FIRE, said he was pleased with the outcome.
“With this agreement, I hope the Vermont State Police will train its troopers to avoid silencing criticism or making unfounded car stops,” Bombard said. “And at least now I can pay my criminal lawyer for defending me against false charges and take my 88-year-old mother out to a nice dinner.”
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