Bob McIntosh from Colorado was arrested for swearing at a sheriff's deputy.
BOULDER, CO - A driver who was stopped for speeding and proceeded to swear and call the sheriff's deputy names just got paid $20,000.
Boulder County made the payment to settle Bob McIntosh's civil rights violation lawsuit. His attorney, David Lane, says his client was arrested without probable cause in violation of the First Amendment.
On October 1, 2010, McIntosh was stopped for speeding by Deputy Timothy Lynch in Superior. McIntosh ended up going to jail that afternoon for swearing at the sheriff's deputy.
The deputy's report shows Lynch used radar to catch McIntosh going 41 mph in a 20 mph school zone.
McIntosh wasn't happy about getting the ticket and he let the deputy know it. Lynch says McIntosh became profane and verbally abusive.
After warning McIntosh, Lynch arrested him and took him to jail.
"Mr. McIntosh later pleaded guilty to the speeding charge in Superior Municipal Court, in exchange the charges of Disobeying a Police Officer were dropped," says Boulder County Sheriff Joe Pelle. "He then retained an attorney, claiming his rights were violated when he was physically arrested for expression of free speech toward the officer."
Attorney David Lane says Boulder County is paying McIntosh $20,000 to settle the case because it recognizes "that the United States Supreme Court has held that the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers."
Link:
http://www.kdvr.com/news/kdvr-driver-who-swears-at-police-officer-gets-paid-20000-20110608,0,435268.story