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Resistance
See other Resistance Articles

Title: Cops Pay $4,000 to Man Who Flipped Them Off
Source: wired
URL Source: http://www.wired.com/threatlevel/20 ... ?mbid=wir_ob_ppc_rss_173683678
Published: Dec 20, 2010
Author: .
Post Date: 2010-12-20 14:02:37 by Artisan
Keywords: None
Views: 159
Comments: 7

A suburban Oregon police department is paying a local man $4,000 to settle a civil rights lawsuit in which he claimed he was pulled over for flipping off the cops in traffic.

Twice he saluted with his middle finger while driving, and was pulled over each time by a Clackamas County patrol officer, resulting in what he said was a tongue lashing and “bogus” citations that were later dismissed. He sued (.pdf) in March.

“It was just time to settle,” the plaintiff, Robert Ekas, said in a brief telephone interview Thursday. The retired Silicon Valley systems analyst declined to elaborate.

Edward McGlone III, the counsel for Clackamas County, just outside Portland, said the local government settled (.pdf) rather than litigate for “business reasons.”

“It was just cheaper than proceeding in the case at this point,” he added. McGlone, too, declined to elaborate.

There’s no law against directing to police what might be the world’s oldest insulting gesture. But it’s not advised, as it may lead to a confrontation.

In a March interview, however, Ekas told us that he performed the middle-finger salute to the cops because “it seemed like the right thing to do.” He said it was a form of protest against a department he claimed was abusing its citizenry.

The settlement comes a year after a Pittsburgh man was awarded $50,000 after he was wrongly cited for disorderly conduct after flipping off a cop.

For an authoritative legal and historical discussion of flipping the bird, read “Digitus Impudicus: the Middle Finger and the Law. (.pdf)

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#1. To: All (#0)

This guy is great., here is a link to his actual lawsuit and some excerpts.

http://www.wired.com/images/pdf/ ekas.pdf

17. Plaintiffpromptly pulled offthe road and exited the vehicle and stated to Wold, "Your traffic stop is illegal and you will answer for it. I have called 911 and your supervisor will be on scene shortly." Wold then placed his hand on his firearm, unsnapped the holster catc~ and ordered the Plaintiffback into his vehicle. 18. The Plaintiffre-entered his vehicle and again called 911 to report the erratic and threatening behavior of Wold and to request that the supervisor be dispatched without delay.

...

27. As a direct and proximate result ofWold's actions, Plaintiff suffered the following injuries and damages: a. Violation ofms rights under the First Amendment to the United States Constitution, as applied to the states by the Fourteenth Amendment, to be free from criminal prosecution or to be retaliated against in any way for engaging in constitutionally protected speech; b. Violation ofhis rights under the Fourth Amendment to the United States Constitution, as applied to the states by the Fourteenth Amendment, to be free from an unreasonable search and seizure ofhis person; c. Violation ofhis rights under the Fourth Amendment to the United States Constitution, as applied to the states by the Fourteenth Amendment, to be free from malicious prosecution; d. Loss ofhis physical liberty; and e. Physical pain and suffering, emotional trauma, humiliation, and distress.

Artisan  posted on  2010-12-20   14:11:21 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 1.

#2. To: All, eric stratton, original_intent, jethro tull, lod (#1)

here are some other interesting articles i read today.

Supremes Mull Whether Bad Databases Make for Illegal Searches www.wired.com/threatlevel/2008/10/supremes-mull-w/

Court Mixed on Constitutionality of Taking DNA From Arrestees www.wired.com/threatlevel/2010/07/dna-ninth/

Court Rebuffs Obama on Warrantless Cell-Site Tracking www.wired.com/threatlevel/2010/12/cell-site-warrants/

The Stored Communications Act, the appeals court ruled in September, granted judges the discretion to require a warrant under the Fourth Amendment for the government to obtain the cell-site information. It was the first appellate court to reach that conclusion, despite a handful of lower-court decisions freeing the government from that requirement.

The Obama administration urged the appellate court to reconsider its position, an offer the court declined Wednesday without commenting on the merits.

The administration has also asked the U.S. Court of Appeals for the District of Columbia Circuit to reverse its August ruling requiring court warrants to affix GPS devices to vehicles to track their every move. The administration said Americans should expect no privacy “in the totality of his or her movements in public places.”

Warrant Needed to Get Your E-Mail, Appeals Court Says www.wired.com/threatlevel...2/fourth-amendment-email/

Court OKs Repeated Tasering of Pregnant Woman www.wire d.com/threatlevel...3/pregnant_woman_tasered/

Artisan  posted on  2010-12-20 14:31:06 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Artisan (#1)

Only 4K? Ha!

BTP Holdings  posted on  2010-12-20 17:05:11 ET  Reply   Untrace   Trace   Private Reply  


#7. To: All, artisan (#1)

saved

Artisan  posted on  2011-01-03 16:54:37 ET  Reply   Untrace   Trace   Private Reply  


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