The Vermont State Police will pay $175,000 to a man arrested for “flipping the bird” on an officer after he sued the department for violating his First Amendment rights.
Police dash cam footage captured the moment Gregory Bombard was stopped by police officer Jay Riggen on a snowy street in St. Albans on February 9, 2018.
Bombard was jailed for more than an hour after cursing at the officer 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 fees.
“With this agreement, I hope that the Vermont State Police will train their officers to avoid silencing criticism or conducting unfounded vehicle stops,” Bombard said.
Gregory Bombard (right) was arrested by Vermont State Trooper Jay Riggen (left) in 2018 because the officer thought the driver had tricked him.
“And at least now I can pay my criminal lawyer to defend me against the false charges and treat my 88-year-old mother to a nice dinner.”
Riggen said he initially pulled Bombard over because he believed the driver had given him the middle finger.
The cop let him go after Bombard insisted the officer must have made a mistake, but arrested him for disorderly conduct when Bombard did it again as he walked away, calling the cop an “idiot.”
Prosecutors eventually dropped the charge, but Bombard filed a civil lawsuit with the support of the Foundation for Individual Rights and Expression (FIRE) and the American Civil Liberties Union (ACLU).
“Insulting police officers is not a crime,” said FIRE lead attorney Jay Diaz. “Calling that ‘disorderly conduct’ is not a card that allows police to silence speech they don’t like.
“Ignorance of the law is no excuse to arrest citizens simply for exercising their rights.”
Bombard sued the department, alleging his First Amendment rights were violated after an unnecessary traffic stop and retaliatory arrest.
Riggen first stopped Bombard because he thought the driver had tricked him, but after letting him go, the police officer pulled him over and arrested Bombard for cursing at him.
‘We would not tolerate police officers who do not understand traffic or parking laws. Well, the Constitution is the highest law in the country and it does not allow police officers to punish speech they don’t like,” Díaz said.
The video showed Riggen, a 17-year veteran of the department, telling Bombard that he stopped him because he feared the finger might be a plea for help.
‘You need something?’ she asked. “It seemed like you looked right at me and stuck your middle finger in my face.”
Bombard denied making the gesture but said: “You must be very sensitive.”
The police officer denies being “overly sensitive”, stating: “It’s the first time in 12 years I’ve stopped someone who I saw making fun of me, 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 a soldier’s attention, they would probably find it by giving him that kind of negative signal. Do you agree with that?’
“No, I don’t know because I don’t understand it,” Bombard said.
Riggen eventually accepted Bombard’s denials, but stopped him again when the driver got out.
Police dash cam footage captured the arrest on a snowy street in St. Albans on February 9, 2018.
“It seems like when he walked away, he called me an idiot and said, ‘Fuck you,'” Riggen said over the radio. ‘The bird turned around. I’m going to arrest him for disorderly conduct.
They then ordered Bombard out and handcuffed him in 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 attorney Hillary Rich.
“Police must respect everyone’s First Amendment rights, even for things they find offensive or insulting.”
“State lawmakers must do more to prevent unnecessary and unwarranted police interactions like the one Mr. Bombard experienced, reducing the footprint and broad authority of police in our communities,” Rich said.
