A Vermont man has won a $175,000 settlement after a lawsuit against the state for his 2018 arrest for flipping off a state trooper. Gregory Bombard's case, supported by the ACLU and the Foundation for Individual Rights and Expression (FIRE), highlighted significant concerns about First Amendment rights and police conduct.
In February 2018, Bombard was pulled over by Vermont State Police trooper Jay Riggen after the trooper believed Bombard had extended his middle finger in an obscene gesture. Bombard denied the accusation, but as he drove away, he reportedly cursed and made the gesture again, prompting Riggen to arrest him for disorderly conduct. Bombard was detained for over an hour, fingerprinted, and had his mugshot taken.
*BREAKING NEWS* The Vermont man who was arrested for flipping off a cop has been awarded $150,000 in a settlement. pic.twitter.com/YqwN8dOB46
— TheNewsCompany.co (@TheNewsCompany1) June 27, 2024
The lawsuit, filed in 2021, claimed that Bombard's arrest was an unconstitutional and retaliatory action that violated his First and Fourth Amendment rights.
The ACLU argued that expressing disdain through gestures and profanity, even towards law enforcement, is protected free speech under the Constitution.
VICTORY: Vermont man jailed for flipping off cop receives $175K settlement https://t.co/PdRhuqOqgg @TheFIREorg
— Sarah McLaughlin (@sarahemclaugh) June 26, 2024
The settlement includes $100,000 in damages and $75,000 in attorneys' fees. Although the state did not admit wrongdoing, the case underscores the need for law enforcement to respect citizens' rights to free speech, even when it involves offensive or insulting expressions. Bombard expressed hope that the settlement would lead to better training for police officers to avoid unjustified stops and silencing criticism.
The incident has spurred calls for increased oversight and training within the Vermont State Police.
FIRE senior attorney Jay Diaz emphasized that ignorance of constitutional rights should not excuse law enforcement misconduct, suggesting that officers need a better understanding of free speech protections.
This case has drawn attention to the broader issue of how police handle expressions of dissent. Hillary Rich, a staff attorney with the ACLU of Vermont, noted the bittersweet nature of the settlement, expressing relief for Bombard while underscoring that the situation should never have occurred. The hope is that this settlement will prevent similar incidents and ensure that all citizens' constitutional rights are respected, regardless of the content of their speech.
