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(WPVI)   Driver sues for malicious prosecution after being cited for giving a construction worker the one-finger salute   (abclocal.go.com) divider line 70
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10436 clicks; posted to Main » on 14 Mar 2006 at 10:50 AM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2006-03-14 08:39:23 AM
While I don't know if I agree with trying to get money, and I have a feeling this dude is kind of an ass, I agree that you shouldn't be cited for for flipping the bird at someone. The bird has made this country great.
 
ZAZ [TotalFark]
2006-03-14 09:12:03 AM
A Pennsylvania man sued police for arresting him to keep him from videotaping them running a traffic checkpoint. He won.
 
2006-03-14 10:54:20 AM
Flipping the bird is free expression. Unless you flip off a cop. Farking pigs.
 
2006-03-14 10:54:56 AM
trifecta in play!
 
2006-03-14 10:55:13 AM
Um.. how can you sue for malicious prosecution when you weren't ultimately prosecuted?
 
2006-03-14 10:55:39 AM
a.abclocal.go.com
You know what really grinds my gears? You America. fark you.
 
2006-03-14 10:56:08 AM
I believe in the right to sue. There will be frivolous lawsuits, and they will be thrown out. This one will be thrown out.

He has the right to bring this suit, but he's also an asshat.
 
dly
2006-03-14 10:56:19 AM
FARKING RAT!
 
2006-03-14 10:56:46 AM
He got it dropped, so I think he should drop it, too. NickBob78's right - dumb to start with, but I'm betting the guy is a hot-headed SOB.
 
2006-03-14 10:57:15 AM
Construction workers on highways have it rough. Dangerous work in all kinds of weather. Farking ungrateful drivers constantly speeding and even clipping them. I've talked to workers who've been injured on the job and the families of dead workers. I have no sympathy for some impatient asshat driver with a chip on his shoulder.
 
2006-03-14 10:59:13 AM
His prosecution got dropped. What can he sue for? Mental anguish because he thought he'd be busted? This is a money grab.
 
2006-03-14 10:59:25 AM
Yet more harrasment by the american gestapo.
I feel much safer in a bad neighborhood with no pigs then a good one with many pigs. Much less likely to be accosted or shot because there bored and need a promotion. Remember children police are murderous animals with NO respect for the law or your life.

/hopes much like sirius cybernetics corporation there back are against the wall if the revolution comes.
 
2006-03-14 11:00:31 AM
"Suing" doesn't mean he's going up for big money. He's trying to change the law, and civil court is the normal place for this kind of thing. What should he do? Press charges?

This happens all the time. It's part of how our legal system works. He's not an asshat for trying to establish that gestures are free speech. It's part of being an American.
 
2006-03-14 11:01:09 AM
My guess is there's more to this story we aren't hearing. We are all imaging ourselves in the driver's place -- thinking he's just some regular guy getting hassled by The Man.

However, no self-respecting construction worker would "tell on" someone flipping him off, and no cop would issue a citation for such behavior unless the driver was a major asshat. My money's on that. Particularly since he felt it necessary to follow it up by suing the police force. Good odds he's a jackass.
 
2006-03-14 11:01:49 AM
If construction workers can whistle at girls, motorists should be allowed to hurl abuse.
 
2006-03-14 11:02:54 AM
-Mr. Clarence Butterworth-

You obviously don't know your ass from a hole in the ground, send me your address and I'll send you photos of both so you can see the difference.

Love,
Mycroft
 
2006-03-14 11:03:18 AM
Any Pie Left: Construction workers on highways have it rough


It doesn't sound like this guy was on a highway. If he was how could the cop cite him for the bird? It sounds to me like this happened in they city, prolly downtown?
 
2006-03-14 11:03:56 AM
gluestickralph: Yet more harrasment by the american gestapo.
I feel much safer in a bad neighborhood with no pigs then a good one with many pigs. Much less likely to be accosted or shot because there bored and need a promotion. Remember children police are murderous animals with NO respect for the law or your life.

/hopes much like sirius cybernetics corporation there back are against the wall if the revolution comes.



I think someone got one too many speeding tickets recently...

/and failed English 101
 
2006-03-14 11:04:23 AM
He may be a jackass, but the cop abused his authority and should be fired. Violate someone's right to free speech and poof goes your job.
 
2006-03-14 11:05:42 AM
Cerebral Ballsy: He's not an asshat for trying to establish that gestures are free speech. It's part of being an American.

Fair enough, but what about discretion and "picking your battles". Say he wins. OK, point made. But what did he accomplish? Stemmed the ominous tide of improper citations for flipping the bird? And at what cost to the rest of us Americans who foot the bill for such frivolity?

A better man would be satisfied that he didn't have to pay a fine and let it go. Reserve the courts for things that actually matter.
 
2006-03-14 11:08:17 AM
Any Pie Left Construction workers on highways have it rough. Dangerous work in all kinds of weather. Farking ungrateful drivers constantly speeding and even clipping them. I've talked to workers who've been injured on the job and the families of dead workers. I have no sympathy for some impatient asshat driver with a chip on his shoulder.

Perhaps the driver was upset that there were 10 guys he was paying with his tax dollars leaning on shovels instead of working.
 
2006-03-14 11:10:11 AM
Razorwolf

His prosecution got dropped. What can he sue for? Mental anguish because he thought he'd be busted? This is a money grab.

It doesn't matter if the prosecution was dropped or not. He was still forced to show up to court (or risk an automatic loss/arrest warrant). Even if the prosecution was dropped, he might have still had to pay court costs, etc. not to mention time lost when he could have been at work.
 
2006-03-14 11:10:42 AM
Dihnekis: Violate someone's right to free speech

...has that been determined in this case? Let's see if this actually makes it to court and THEN you can repost that comment.

/just sayin'
 
2006-03-14 11:10:53 AM
gluestickralph: I feel much safer in a bad neighborhood with no pigs then a good one with many pigs. Much less likely to be accosted or shot because there bored and need a promotion.

Yeah right, have i got some neighborHoods to show you. You would be dead in minutes, cops or no cops.

/loves hitchhikers books
//but its backs against the wall
 
2006-03-14 11:12:21 AM
Scooty_Puff_Sr: gluestickralph: I feel much safer in a bad neighborhood with no pigs then a good one with many pigs. Much less likely to be accosted or shot because there bored and need a promotion.

Yeah right, have i got some neighborHoods to show you. You would be dead in minutes, cops or no cops.


didn't you see the sign? Don't feed the trolls :)
 
2006-03-14 11:14:03 AM
VinDiesel
Good odds he's a jackass.

Even jackasses are protected by the Constitution.

Unfortunately there are no laws against bein an asshat.
 
2006-03-14 11:15:32 AM
was just feeling generous today :)
 
2006-03-14 11:18:56 AM
VinDiesel: no cop would issue a citation for such behavior unless the driver was a major asshat

Riiiiight, because cops never use the system to benefit themselves or their friends. And no cop would ever go out of his way to harass someone over something minor.

A friend of mine got into an argument with a PPA officer (meter maid) outside his office about nine months ago over the length of time he'd been in a loading zone. Since then, he's been ticketed 6 times when parked completely legally near the same spot, by 6 different officers, 2 of which were cops. Every time, he's had to take pictures, take time off from work to go down to the Parking office, and fight the tickets. Hours of his time lost, with no way to make it stop without bringing a suit against the city. Now he takes public transit to work.

/Worker probably complained to his cop buddy, who issued the citation to hassle the guy.
 
2006-03-14 11:22:11 AM
Diogenes 2006-03-14 11:05:42 AM Diogenes
But what did he accomplish? Stemmed the ominous tide of improper citations for flipping the bird? And at what cost to the rest of us Americans who foot the bill for such frivolity?

The point is to make it law that the police cannot arrest you for gesture speech. That would prevent the next guy from getting arrested. I'm sure that if the guy was suing for an exorbitant amount, the media would publish it. But when it's a reasonable amount, they leave it off; it makes the story less attention-grabbing.

As someone who has used the "bird" in the past, I'd like to make sure that it stays free.

Like I said before, this is how law gets changed in the US. It's common and necessary, not frivolous. Often, lawyers themselves challenge the law in this manner.
 
2006-03-14 11:22:20 AM
I think I may have to agree with VinDiesel on this....
"My guess is there's more to this story we aren't hearing. We are all imaging ourselves in the driver's place -- thinking he's just some regular guy getting hassled by The Man."
Besides, didn't anybody notice that its a PA driver?
That's proof right there the guy is an asshat...
 
2006-03-14 11:22:32 AM
I remember a few years ago, someone flashed thier high beems at an oncoming car, to warn of a speed trap a little way down the road. The oncoming car was a cop. The driver was pulled over cited, and then got the ACLU involved. The cop got fired and the drive got alot of money. So this guy is pretty well set -JDW
 
2006-03-14 11:23:13 AM
Any Pie Left
Construction workers on highways have it rough. Dangerous work in all kinds of weather.

Well, we should have paid more attention in school. Construction workers and their foremen that have them doing their work during commuting rush hours can sit on it and rotate. ARRRRGGGHHHHH
 
2006-03-14 11:23:22 AM
Great another worthless lawsuit...how did this guy get labled "HERO"? Dumbass would be a better fit.
 
2006-03-14 11:24:03 AM
I've talked to workers who've been injured on the job and the families of dead workers.

The workers were injured on the families of dead workers?
 
2006-03-14 11:24:12 AM
Our nation was founded on the right to be a jerk. My question is what he was originally cited for?

That law is clearly in violation of the First Amendment.

As for being annoyed at the guy for wasting the court's time and money fighting the citation, you should instead be mad at the idiots who put the law on the books and the cop who tried to enforce an unconstitutional statute. They're the ones wasting your time and money, not the guy defending himself against those bad laws.
 
2006-03-14 11:24:12 AM
They'll give the hero tag to anyone nowadays.
 
2006-03-14 11:24:53 AM
Your chances of finding an a-hole cop is probably slightly higher than finding an a-hole in the general population. The job attracts them along with the "hero" type.
 
2006-03-14 11:25:37 AM
Diogenes: And at what cost to the rest of us Americans who foot the bill for such frivolity?

You don't seem to mind the cop wasting taxpayer money to issue the bullshiat citation in the first place...

A better man would be satisfied that he didn't have to pay a fine and let it go. Reserve the courts for things that actually matter.

Right, because if you're not a cop, your time isn't worth anything, and you should have to spend it fighting the highly important citations issued by some asshat cop who wants to give you a hard time.

In any court case, the loser should have to pay the legal fees, up to a reasonable amount. That includes tickets issued by cops.
 
2006-03-14 11:27:45 AM
Nightsweat In fact, when you think about it, the founders were jerks. They took England's money and established colonies but then revolted instead of paying tax!

/Ahh if the founders could have dreamed of the IRS. They're spinning in their graves right now..
/
 
2006-03-14 11:29:58 AM
Cerebral Ballsy: Your chances of finding an a-hole cop is probably slightly higher than finding an a-hole in the general population. The job attracts them along with the "hero" type.

If by "slightly", you mean ~90%, then I'm in complete agreement with you.
 
2006-03-14 11:32:07 AM
A Pennsylvania man sued police for arresting him to keep him from videotaping them running a traffic checkpoint. He won.

That's cool.

Um.. how can you sue for malicious prosecution when you weren't ultimately prosecuted?

At the time the prosecutor accepts the case, and sets the court date, he is being prosecuted. The prosecutor could decline the case and the suit could only be for false arrest or something like that.

Perhaps the driver was upset that there were 10 guys he was paying with his tax dollars leaning on shovels instead of working.

Leaning on shovels? Ha! The ten I saw were sitting on the road barriers laughing and cutting up. fer reals!
 
2006-03-14 11:34:56 AM
Two points here:

1: Construction workers may have it hard, but they are well friggen compensated. And there are other jobs available if they dont like it. It's not like it takes some sort of special skill to push gravel around or build a road (except for the engineering - but those guys dont stand in traffic).

2: Regardless of whether this guy is a hothead SOB or not, he had to show up at the courthouse prepared for trial. It's rather irrelevant that the trial didnt proceed, the guy still had to show up prepared, prob with his attorney who he had to pay by the hour. The cop and the construction worker likely had better things to do then get chewed on by a judge for interfering with the drivers constitutionally protected right of free speech (and the bird is long recognized as free speech).

I think there are probably legit money damages here for legal expenses _and_ time off from work to fight a spurrious charge. At least a few thousand bucks. I hope the guy gets his cash.
 
2006-03-14 11:37:20 AM
danecook.weship4you.comSUFI baby!!! All the way!
 
2006-03-14 11:38:49 AM
oh yea, and I agree ropegun
 
2006-03-14 11:41:32 AM
Also, there is a huge chance the cop arrested this guy without any intention to go to court.. because he knew the charge was BS. Do you think we should sit for being arrested for BS reasons? Should the police be allowed to harrass us with a day in jail?
 
2006-03-14 11:43:24 AM
A few years ago in KY a driver was cited for flipping off cop and was given a ticket. He took it to federal court and the federal court said that flipping off some one was free speach.
 
2006-03-14 11:44:51 AM
2006-03-14 10:57:15 AM Any Pie Left

Construction workers on highways have it rough. Dangerous work in all kinds of weather. Farking ungrateful drivers constantly speeding and even clipping them. I've talked to workers who've been injured on the job and the families of dead workers. I have no sympathy for some impatient asshat driver with a chip on his shoulder.

Drivers on highways have it rough. Slowdowns caused by pork-barrel so-called "improvement" projects every summer (why can't they fix it right the FIRST time?) Farkin' overpaid unionized construction workers constantly sitting around doing fark all while 3 lanes of traffic is squeezed into one. I've spoken to drivers who have lost jobs and business opportunities from being stuck in useless traffic jams. I have no sympathy for those construction workers who get paid 8 hours to stand around and watch someone else dig a hole.

See. Two can play at the ranting game!
 
2006-03-14 11:47:39 AM
ropegun "(except for the engineering - but those guys dont stand in traffic)."

Engineering interns do. And I had recieved the one finger salute a few times when the job required shutting down two lanes.

And a lot of times when there is a lane closure on a highway, a police officer will be on the site with his lights on to bring peoples attention to the fact that the traffic situation has changed. It wouldnt be too hard for a worker to walk over to the cop and say that jackass flipped me off.

The work they do is tough and they do get paid very well for it. But to flip someone off who is just trying to do his job is retarded. No one breaks into my office to give me the finger, why would I do that to him?

That being said. A lawsuit because someone gave you the finger is a bit extreme. The officer and worker probably just wanted to inconvience this guy because he gave them the finger.
 
2006-03-14 11:47:56 AM
ZAZ:A Pennsylvania man sued police for arresting him to keep him from videotaping them running a traffic checkpoint. He won.

i love the part where he gets punitive damages from the arresting cops. that's great.
 
2006-03-14 11:55:40 AM
His prosecution got dropped. What can he sue for? Mental anguish because he thought he'd be busted? This is a money grab.

This may be a money grab, but I can also see a legitimate reason for suing. He went to court and won... that's good for him, but it still wasted his time. However, we can assume that the same cop that issued him a citation issued many other people invalid citations also. That wastes a lot of people's time and money. Even losing a majority of the cases won't stop this cop, or any others, from issuing invalid citations of this nature. There's no motivation or incentive to fix the problem. However, if someone files a lawsuit that makes the department look bad or costs the department a lot of money, it gives them incentive to fix the problem.
 
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