State Trooper drops charges someone flipping the bird, page 2

I suspect the dismissal request came the instant someone in the State AG's office actually read what had happened. This is spectacularly stupid on the part of the CSP. And I mean spectacularly stupid.

There is a WEALTH of legal precedent at the federal district court and Supreme Court level that specifically cites that a law enforcement officer CANNOT CANNOT CANNOT take action of ANY KIND against you for flipping them the bird. In fact, you can dance around flipping the bird with both hands and shouting F--k you! at the cop as long as you don't do it in a threatening manner.

By taking action against the guy, and most *especially* by chasing him around with planes and what not, then charging him with a crime, and even better, if they detained him even for a moment to do so, they open themselves to two attacks. Even stopping the guy to issue him a citation is all it takes, and they admit to it.

One, the qualified immunity of any officer involved with the action from the accuser to the arrester and including the plane pilots and everyone else officially involved can be set aside, and they can be charged with any and every crime associated with this, personally, due to demonstrated incompetence. This means they can be personally sued for compensation and are subject to a wide range of civil and criminal charges that they might not be otherwise.

Second, the state of Colorado can also have their immunity to legal action swept aside by the court and they can be sued bald by the guy. All the guy's lawyer has to do is do a discovery on the number of times since 1996 that the state of Colorado has done ANY SORT of legal action against someone for flipping off a trooper or telling them to f--k themselves, and it can be used to "establish a pattern and practice" of defying the Supreme Court. And that is bad bad juju for the state AG and for the state's treasury. That, or find that the CSP training materials were not updated in 1996, then it's negligence charges for all.

It doesn't matter what the state's laws are on this matter. They are null and void. Period. They figured that out and will now commence running from this as fast as they can. I suspect they'll either try to buy the guy off or drum up some crap charge to bargain with. Simply withdrawing their charges against him will not end his ability to retaliate successfully in federal court.

There's a huge supply of legal decisions on this very point you could look at. Hackbart vs City of Pittsburgh is about as easy reading as it comes, and it's got references to the other relevant legal precedent.

A nice chunk of the legal decision in Hackbart:

B. Elledge’s (the cop) Response Was Retaliatory and Was Motivated
By Hackbart’s (the flipper) Exercise of a Constitutional Right

In addition to demonstrating that he was engaging in protected activity, Hackbart must
show that the vehicle stop by Elledge and the issuance of the citation for disorderly conduct
constituted retaliation for his exercise of First Amendment rights. Finally, Hackbart must prove
his constitutionally protected hand gesture was a substantial or motivating factor in Elledge’s
decision to stop his vehicle and issue a citation for disorderly conduct.

Retaliation for the exercise of constitutionally protected rights is itself a violation of
rights secured by the Constitution actionable under § 1983. White v. Napoleon, 897 F.2d 103,
111-112 (3d Cir.1990); Carter v. Dragovich, 1999 U.S. Dist. LEXIS 11389 at 7 (E.D. Pa. July
27, 1999).

Moreover, in this instance Elledge conducted a traffic stop of Hackbart shortly after
Hackbart gave him the middle finger which was also a violation of Hackbart’s right to be free of
unreasonable searches and seizures under the Fourth Amendment. Elledge’s response to
Hackbart’s exercise of his First Amendment right was to initiate a traffic stop and issue a citation
for disorderly conduct. Clearly, Elledge’s conduct was an adverse action in response to Hackbart
flipping him off. The citation given to Hackbart clearly states why Elledge stopped and cited
him: “Driver made an obscene gesture towards me. Flipped me off while driving by. Also
flipped off another driver." Pl. App. E; Pl. App. D, Elledge Depo p. 13. The Court finds
Elledge’s conduct retaliatory.

The state of Colorado is screwed if the guy pursues it. He should. And every trooper in the chain should be charged with violation of the guy's civil rights under color of law, and misuse of state property and the like at the very least. A few dismissals would be in order. Also the guy in charge of training these imbeciles should be sacked. This is grade school LEO basics. You cannot CANNOT arrest or retaliate for the bird. Ever.

But then, most cops don't understand the limits on "lawful order" either, and you'd think that would be basic as well.