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Indiana man sues after being ticketed for giving state trooper the finger
Fox News ^ | 2/4/2018 | Nicole Darrah

Posted on 02/05/2018 10:20:51 AM PST by simpson96

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.”

Kenneth Falk, legal director of ACLU Indiana, argued that May’s gesture toward Ames was fully protected by the First Amendment of the U.S. Constitution.

"While perhaps ill advised, Mr. May's gesture, which in no way interfered with the Master Trooper's lawful activities, was fully protected by the First Amendment," Falk told the newspaper.

(Excerpt) Read more at foxnews.com ...


TOPICS: Chit/Chat
KEYWORDS: donutwatch; policeabuse
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Hopefully, this will affect his business:

http://www.markmaycarpetcleaning.com/

1 posted on 02/05/2018 10:20:51 AM PST by simpson96
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To: simpson96

He was just trying to say that he was “Number One in the nation.”


2 posted on 02/05/2018 10:21:37 AM PST by dfwgator
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To: simpson96
“a person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation.”

Reasonable people do not commit battery in response to being given "the finger".

3 posted on 02/05/2018 10:22:33 AM PST by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: simpson96

Just because you can do a thing doesn’t mean you should do it.


4 posted on 02/05/2018 10:23:56 AM PST by E. Pluribus Unum (<img src="http://i.imgur.com/WukZwJP.gif" width=400>)
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To: dfwgator

Maybe displaying his IQ?


5 posted on 02/05/2018 10:23:59 AM PST by antidemoncrat
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To: simpson96

The law books are filled with cases of people who were sanctioned for disrespecting police and the courts. People write obscene statements on checks written to pay tickets, or mouth off to cops, and they get an extra charge. And the additional sanctions have been routinely upheld.


6 posted on 02/05/2018 10:25:15 AM PST by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: dfwgator

Maybe he was saying “up your” ticket quota.


7 posted on 02/05/2018 10:25:40 AM PST by Larry Lucido (Take Covfefe Ree Zig!)
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To: simpson96

While his choice of communicating his displeasure to the office is not something I condone, I do support his 1st Amendment rights to communicate his displeasure and the Officer in question should be punished and the ticket rescinded.


8 posted on 02/05/2018 10:26:23 AM PST by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: simpson96

He was just showing the Trooper that he was Number ONE!...............


9 posted on 02/05/2018 10:28:06 AM PST by Red Badger (Wanna surprise? Google your own name. Wanna have fun? Google your friends names......)
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To: NorthMountain

Reasonable people do not commit battery in response to being given “the finger”.


Yep. That was a really stupid ticket. I assume the ticket was thrown out.


10 posted on 02/05/2018 10:29:26 AM PST by robroys woman (So you're not confused, I'm male.)
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To: NorthMountain
Reasonable people do not commit battery in response to being given "the finger".

Reasonable people do not give a LEO the finger.........Therefore, the finger flipper can be judged to be unreasonable and therefore able to commit battery if a finger is flipped to them.

11 posted on 02/05/2018 10:30:04 AM PST by Hot Tabasco (My cat is not fat, she is just big boned........)
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To: SoConPubbie

I agree with you.


12 posted on 02/05/2018 10:30:08 AM PST by NEMDF
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To: Red Badger

13 posted on 02/05/2018 10:30:26 AM PST by dfwgator
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To: simpson96

So basically the reasonable trooper was saying that if he wasn’t already pulling some one else over, he would pull this guy over and commit reasonable battery upon him?

Got to love the whole cop, gun, and badge power trip.


14 posted on 02/05/2018 10:31:13 AM PST by shotgun
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To: dfwgator

Yes, people on the road are always telling me I’m Number One!........................


15 posted on 02/05/2018 10:31:25 AM PST by Red Badger (Wanna surprise? Google your own name. Wanna have fun? Google your friends names......)
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To: Hot Tabasco

You’re not serious with that fascist thuggery sounding rhetoric are you?


16 posted on 02/05/2018 10:32:15 AM PST by JimSp
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To: Red Badger

I thought Smitty Werbenjagermanjensen was Number One!


17 posted on 02/05/2018 10:33:02 AM PST by dfwgator
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To: simpson96

Really? You want a guy’s business to suffer after he was rude to a cop after the cop allegedly cut him off in traffic? Aren’t you just special.


18 posted on 02/05/2018 10:33:10 AM PST by JimSp
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To: simpson96

Thanks for the extra information. The man was disturbing the cop’s peace. For making the obscene gesture at another human being, the nasty, little hippie should have had his teeth knocked down his throat. It’s time to bring back some of the better old laws.


19 posted on 02/05/2018 10:33:47 AM PST by familyop (President Trump said that we're all important, so let's do something!)
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To: shotgun

And yet there’s people on this thread defending this cop. Unreal.


20 posted on 02/05/2018 10:33:48 AM PST by JimSp
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