First Amendment and Profanity

Here is the recent decision in Barboza v. D’Agata, SDNY 13-cv-4067 (9/10/15) in which Judge Seibel ruled on the parties’ summary judgment motions. In this case, plaintiff alleged in his federal lawsuit that his arrest under (now unconstitutional) NY Penal Law § 240.30(1) for writing “fuck your shitty town bitches” on a speeding ticket payment form violated his constitutional…

Read More “Fuck Your Shitty Town Bitches” False Arrest/First Amendment Case Proceeds to Trial
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As reported in today’s New York Post, plaintiff Robert Bell has agreed to settle his case against the City of New York for $15,000. If you recall, Bell sued last summer, claiming he was falsely arrested after displaying his middle finger to NYPD officers.  You can read more about his lawsuit (and read his complaint)…

Read More “Middle Finger Cop” Plaintiff Robert Bell Settles for $15,000
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The Second Circuit yesterday, in Swartz v. Insogna, vacated a summary judgment dismissing the plaintiff’s claims allegedly arising from giving police the middle finger.  (This is not the first time we have chronicled middle finger-inspired litigation.)  In its first footnote, the court briefly summarized the history of “giving the finger”, citing a case and a law review article discussing…

Read More Middle Finger Plaintiff Can Continue Suit Against Arresting Officers
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