Gregory Bombard, a Vermont resident, has secured a $175,000 settlement after being arrested for giving a police officer the middle finger. The incident, which occurred in 2018, has sparked significant debate over free speech and police conduct, culminating in a lawsuit that challenged the boundaries of constitutional rights.
The case began on February 9, 2018, when Bombard, 57, was pulled over by Vermont State Police Sgt. Jay Riggen in St. Albans. Riggen initially believed Bombard had made an obscene gesture towards him. Although Riggen later acknowledged that he might have mistaken Bombard lighting a cigarette for the gesture, the encounter escalated when Bombard, upon being allowed to leave, cursed and flipped off the officer. This led to a second traffic stop, Bombard's arrest, and a charge of disorderly conduct.
In 2021, Bombard, represented by the Vermont chapter of the American Civil Liberties Union (ACLU) and the Foundation for Individual Rights and Expression (FIRE), filed a lawsuit arguing that his arrest constituted a retaliatory action that violated his First Amendment rights. "Anyone who understands even the basics of First Amendment 101 will understand that an officer can't just take action and retaliate against someone, arrest them, put them in a cell just because the person bruises their ego," said Jay Diaz, a lawyer representing Bombard.
The dashcam footage from the incident played a crucial role in the case, showing Bombard being pulled over twice by Sgt. Riggen before his arrest. The initial charge of disorderly conduct was later dismissed, but Bombard incurred significant legal fees and expenses related to the impounding of his vehicle.
He flipped off a trooper and got charged. Now Vermont is on the hook for $175,000https://t.co/Wujjpi6QxD pic.twitter.com/SFSggcNBPC — The Washington Times (@WashTimes) June 27, 2024
After lengthy litigation, the state of Vermont agreed to pay Bombard $100,000 in damages and $75,000 to cover legal fees for the ACLU and FIRE. However, Vermont State Police and Sgt. Riggen, who retired from the force in May 2024, did not admit any wrongdoing as part of the settlement. "While our client is pleased with this outcome, this incident should never have happened in the first place," said Hillary Rich, a staff attorney for the ACLU of Vermont.
Rich also emphasized the need for improved training for police officers regarding First Amendment rights. "Police need to respect everyone's First Amendment rights - even for things they consider offensive or insulting," she stated. The case highlighted a significant policy deficiency within the Vermont State Police, which reportedly only included First Amendment training as it relates to crowds, not individuals.
Adam Silverman, a spokesperson for the Vermont State Police, declined to comment on the case but referred questions about police training to the Vermont Criminal Justice Training Council. Bill Sorrell, who chairs the council, acknowledged that First Amendment training is minimal compared to other areas and indicated that the curriculum is under review.
The settlement marks a victory for free speech advocates, reinforcing the principle that individuals have the right to express themselves, even in ways that may be considered offensive. In a joint statement with the ACLU, Diaz criticized the abuse of power by law enforcement, saying, "We wouldn't tolerate police officers who don't understand traffic laws or parking laws. Well, the Constitution is the highest law in the land, and it doesn't allow cops to abuse their power to punish protected speech."
Bombard expressed hope that the outcome of his case would lead to better training and accountability within the Vermont State Police. "I hope the Vermont State Police will train its troopers to avoid silencing criticism or making baseless car stops," he said. Reflecting on his ordeal, Bombard added, "At least now I can pay my criminal attorney for defending me from the bogus charges and take my 88-year-old mother out for a nice dinner."
