An unusual case was considered recently in the court of appeals in Michigan.
Wednesday, March 13, the court ruled that the constitutional rights of residents of Michigan were violated when the police officer handed her a ticket for speeding, after she showed law enforcement the middle finger.
Thus, the court of appeals sixth circuit upheld the decision of the Federal district court to reject the petition of police officer Matthew Minard dismiss.
«My client is satisfied with the decisions of the appellate and district courts,» said Hammad A. Khan, counsel for plaintiff – Debra Cruise, Gules.
The incident between a woman and a police officer occurred in June 2017, in the city of Taylor (Michigan).
According to court records, Matthew Minard stopped the woman and gave her a fine for violation of Parking regulations. Before leaving, Debra showed law enforcement the middle finger. A policeman stopped her again and issued a penalty ticket for a more serious violation – speeding.
The woman sued, arguing that police had violated her constitutional rights.
The appellate court held that the officer violated the plaintiff’s right under the First amendment (freedom of speech) and Fourth amendment (freedom from unreasonable search and seizure).
«Of course, rudeness should not be condoned. But that doesn’t make it illegal, and it does not mean that rudeness should be the basis for a wrongful penalty», — reads the statement of the court.
The lawyer the police did not comment on the court decision.
