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Wednesday, February 07, 2018

Indiana man sues after being ticketed for giving state trooper the finger

An Indiana man has reportedly filed a federal lawsuit claiming his constitutional rights were violated when he was ticketed for giving an Indiana State Trooper “the finger.”

Mark May, of Terre Haute, is seeking unspecified damages against Police Master Trooper Matt Ames, the Tribune-Star reported, citing a complaint filed in court on Thursday by the American Civil Liberties Union of Indiana.

May said in the lawsuit that on Aug. 21, 2017, he flashed his middle finger at the state trooper after he claims he was cut off by Ames, who was pulling over another driver on U.S. Route 41.

May was issued a “provocation” ticket — which carries a fine of up to $500 — after he gave the trooper the rude gesture, which Indiana Criminal Code states is issued when “a person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation.”



Anonymous said...

I'm very pro-cop.
That said, the guy will win the lawsuit.
Why this wasn't settled before this eludes me.
An obvious 1st Amendment case.

superstardebater said...

I am pretty sure I have read about a similar situation and the guy won in court. It may differ in each state somehow, but I believe it was described as expression and protected by the constitution.

As per article: May challenged the ticket in Terre Haute City Court, where he was found guilty. However, May sought a review of the matter in Vigo Superior Court, which vacated the conviction. The Vigo County Prosecutor’s Office declined to proceed further with the case, which was dismissed.

So he eventually was found not guilty, as he should have been. Now, him being able to collect money damages for lost work/income will be interesting to watch.

Anonymous said...

The bird is not provocation been proven in court. Problem is if I know this why does this trooper not. Cops need much better training.

Anonymous said...

No 5:06 the cop should just wave back and keep rolling least he have a temper/Control/authority issue that he needs immediate psychiatric attention to address. After all, he carries a gun for a living. Using this law to charge someone that made no immediate threat of bodily harm is intentional abuse. It does not meet the criteria and only makes him look like genitalia. Lol
But, typical cop behavior. Football team wannabes that make waterboy. Barneys.

Anonymous said...

“a person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation.”

Giving someone the finger should not provoke a REASONABLE person to commit battery. Obviously this cop has anger issues and should not be allowed to carry a weapon of any kind. I would sue for the cop to be fired because the cop is a danger to society.

Anonymous said...

Cop needs some sensitivity training.

Anonymous said...

If I had a dollar for every time someone gave me the finger I'd be rich.

Anonymous said...

Years ago I had a friend in the navy. Once while he was on board a ship a Russian submarine came very near them and all the Russian sailors were up on deck, all the Russians were giving the Americans the finger which of course the Americans laughingly returned. Universal language.

Anonymous said...

Not a violation, case law already exists. Now, if he was the driver, and there's a improper hand signal law in Indiana, that would make it more interesting.

Anonymous said...

The police represent the government.
The government is our master.
We are the slaves.

No, you cannot resist their authority. They can and will kill you!

Wake up people.
Hunker down and protect your family and loved ones.
Don't look them in the eye.

Anonymous said...

I do believe a similar case was or has been to the Supreme court which ruled the defendant was within his first amendment rights and the state was found to be wrong. The officer and state will lose!