Vermont Man Settles Lawsuit Over First Amendment Violation Arrest

A Vermont man, Gregory Bombard, has settled a lawsuit with the state, claiming that his First Amendment rights were violated during an unnecessary traffic stop and retaliatory arrest. According to Bombard's lawsuit, the incident occurred on February 9, 2018, when he was pulled over by Trooper Jay Riggen in St. Albans.

During the traffic stop, Bombard stated that he had no idea why he was being pulled over and denied flipping the officer off, suggesting that Riggen may have mistaken the way he held a cigarette. However, Riggen claimed that Bombard had stuck his middle finger "up in my face," deeming the gesture lewd.

Bombard questioned Riggen about the legality of flipping off an officer, to which Riggen replied that it could be seen as a means of getting an officer's attention or as an indication for a conversation. Bombard informed Riggen of his intention to file a complaint as the officer returned to his car. However, as Bombard drove away, he admitted to flipping off Riggen and using explicit language.

In response, Riggen pulled Bombard over again and arrested him for disorderly conduct. Bombard was handcuffed, placed on the ground, and taken to the state police barracks for processing. He spent more than an hour in jail before the charge was eventually dismissed.

Following the incident, Bombard filed a lawsuit alleging a violation of his First Amendment rights. Earlier this month, a settlement was reached, with Vermont agreeing to pay Bombard $100,000 in damages. Additionally, $75,000 was awarded to the ACLU of Vermont and the Foundation for Individual Rights and Expression to cover legal fees.

"While our client is pleased with this outcome, this incident should never have happened in the first place," commented Hillary Rich, a staff attorney for the ACLU of Vermont. "Police need to respect everyone's First Amendment rights - even for things they consider offensive or insulting."

The Vermont State Police declined to comment on the case, and Riggen retired on May 31 for occupational-disability-related reasons, just a week before the settlement was finalized.