The Vermont State Police will pay $175,000 to a man arrested for ‘flipping the bird’ at an officer after he sued the department for breaching his First Amendment rights.
Police dashcam footage captured the moment Gregory Bombard was pulled over by Trooper Jay Riggen’s on a snowy street in St. Albans on February 9, 2018.
Bombard was jailed for over an hour after he cursed at the cop and eventually sued the department for the unnecessary traffic stop and retaliatory arrest, arguing it was a violation of his First Amendment rights.
On Wednesday, the department agreed to pay Bombard $100,000 in damages and another $75,000 for his attorney’s fees.
‘With this settlement, I hope the Vermont State Police will train its troopers to avoid silencing criticism or making baseless car stops,’ said Bombard.
‘And at least now I can pay my criminal attorney for defending me from the bogus charges and take my 88-year-old mother out for a nice dinner.’
Riggen said he initially pulled Bombard over because he believed the driver had shown him the middle finger.
The trooper let him go after Bombard insisted the officer must have been mistaken, but booked him for disorderly conduct when Bombard did it again as he drove off – calling the trooper an ‘a*****e.’
The prosecution eventually dropped the charge but Bombard filed a civil suit with the backing of the Foundation for Individual Rights and Expression (FIRE) and the American Civil Liberties Union (ACLU).
‘Cursing at cops isn’t a crime,’ said FIRE senior attorney Jay Diaz. ‘Calling it “disorderly conduct” isn’t a get-out-the-Constitution-free card that allows police to silence speech they don’t like.
‘Ignorance of the law is no excuse for arresting citizens for nothing more than exercising their rights.’
‘We wouldn’t tolerate police officers who don’t understand traffic laws or parking laws. Well, the Constitution is the highest law in the land and it doesn’t allow cops to punish speech they don’t like,’ Diaz said.
Video showed Riggen, a 17-year veteran of the department, told Bombard he stopped him because he feared the finger might an appeal for help.
‘You need something?’ he asked. ‘Looked like you looked right at me and you stuck your middle finger up my face.’
Bombard denied making the gesture but said ‘You must be really sensitive.’
The trooper denies being ‘overly sensitive’, claiming: ‘That’s the first time in 12 years I’ve ever stopped someone who I saw flipping me off so I don’t like that insinuation.
‘You may not have been doing that but I think you can agree that if someone was looking for the attention of a trooper they’re probably going to find it by giving them that kind of negative signal. Do you agree with that?’
‘No I don’t because I don’t understand that,’ Bombard said.
Riggen eventually accepted Bombard’s denials but pulled him over again as the driver made his exit.
‘It looks like as he pulled away, he called me an a*****e and said ‘f*** you,’ Riggen radioed through. ‘Flipped the bird. I’m going to arrest him for disorderly conduct.’
Bombard was then ordered out and cuffed on the police cruiser.
‘While our client is pleased with this outcome, this incident should never have happened in the first place,’ said ACLU of Vermont staff attorney Hillary Rich.
‘Police need to respect everyone’s First Amendment rights—even for things they consider offensive or insulting.’
‘State legislators need to do more to prevent unnecessary and unjustified police interactions like the one Mr. Bombard experienced—by downsizing the footprint and broad authority of police in our communities,’ Rich said.