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  • ACLU Sues After Man Arrested for Insulting Police Officer

    http://www.wsiltv.com/news/local/ACL...274269531.html

    By Associated Press
    Story Created: Sep 7, 2014 at 3:02 PM CDT

    CAPE GIRARDEAU -- The American Civil Liberties Union has filed a lawsuit claiming that a man was unlawfully arrested after insulting a Cape Girardeau officer.
    The suit was filed Friday in federal court on behalf of David Clary and names the city of Cape Girardeau and the arresting officer. The Southeast Missourian reports that the suit says that Clary was driving in August 2013 in Cape Girardeau when he was pulled over and cited for making a prohibited turn.
    The lawsuit says that Clary was arrested and detained for about an hour after he repeatedly insulted the officer. Clary claims he was arrested for no reason other than his "expressive activity."
    The city says the issue is being handled by its insurance company, so it can't release any information.

    http://www.aclu-mo.org/files/1714/09..._Complaint.pdf

    This is just a short trip from where I live / work. On this side of the river an arrest like this would have never flown in the first place.

    “Truth is not what you want it to be; it is what it is, and you must bend to its power or live a lie.”

    Miyamoto Musashi

    “Life Is Hard, But It's Harder When You're Stupid”

    George V. Higgins (from The Friends of Eddie Coyle)

  • #2
    Wow, if we had arrested everyone in Los Angeles who insulted us, half the county would be in jail.
    Retired

    Comment


    • #3
      I would say we have heard ONE SIDE of the story.



      He sure wouldn't be the first person to be arrested for talking his way into handcuffs on a traffic stop
      Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

      My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

      Comment


      • #4
        The American Criminal Liberties Union hard at work spending patriotic taxpayer money to attack patriotic taxpayers.
        September 11, 2001 - All gave some, some gave all. Never forget -- Never forgive.......... RIP Brothers and Sisters.

        Comment


        • #5
          Can I sue the ACLU for insulting Americans?
          I yell "PIKACHU" before I tase someone.

          Comment


          • #6
            Originally posted by Steve856
            Wow! Just wow. Reading the Complaint just leaves me speechless.
            It is kind of breathtaking.
            Originally posted by Steve856
            Mr. Clary, the motorist who was given a citation for making a prohibited turn and is the plaintiff in this case, was extremely rude and hostile to the police officer.
            We deal with rude people all the time.
            Originally posted by Steve856
            I find it outrageous that a person would use such vile language (“crap”, “bullsh-t”, “d-ck”, “f-ck off”, “shut the f-ck up”) to another human being, let alone to a civil servant who is simply doing his job.
            Oddly, the disorderly conduct statute does not apply to on-duty police officers here. Due to nature of our jobs, our peace cannot be breached or disturbed.
            Originally posted by Steve856
            Mr. Clary’s words seem incredibly insulting and demeaning to the officer, should not be tolerated by our society, and Mr. Clary should be punished for his hurtful words.
            He could continue insulting and demeaning me and I would continue issuing citations for each violation I encountered. I would end our contact by telling him to drive safely (since I got called in the office once for telling a chump like this to have a nice day).
            Originally posted by Steve856
            Do people really get away with talking to police officers in this manner? Should they?
            They do in Illinois, whether they should or not.

            Remember in Verbal Judo: I Will Let Them Have The Last Word and I Will Have The Last Action.

            “Truth is not what you want it to be; it is what it is, and you must bend to its power or live a lie.”

            Miyamoto Musashi

            “Life Is Hard, But It's Harder When You're Stupid”

            George V. Higgins (from The Friends of Eddie Coyle)

            Comment


            • #7
              Policy down here is that we can't do anything about offensive behaviour directed at us where nobody else can hear. There have been several cases dismissed on the basis that police are made of sterner stuff than the average public.

              If I have one ticket for someone who starts speaking like that they will usually drive away with two more and a defective vehicle notice on their car.

              Comment


              • #8
                Originally posted by amir7500
                Good action against on the man to arrest him.
                Was it the best course of action? Would it have been more prudent to write up a case report, take statements from any witnesses and submit it to the prosecutor to request a warrant?

                Any time you make an on-view arrest on something like this, you are rolling the dice on whether or not the prosecutor will pick the case up. If you make the arrest and they elect to not prosecute the case, there is an inherent liability. I have had some very liberal prosecutors through the years and they are the ones who make the decisions.

                Last edited by slamdunc; 09-08-2014, 05:41 AM.
                “Truth is not what you want it to be; it is what it is, and you must bend to its power or live a lie.”

                Miyamoto Musashi

                “Life Is Hard, But It's Harder When You're Stupid”

                George V. Higgins (from The Friends of Eddie Coyle)

                Comment


                • #9
                  Originally posted by retired View Post
                  Wow, if we had arrested everyone in Los Angeles who insulted us, half the county would be in jail.
                  Yep. If you get butthurt about some jerk mouthing off to you to the point where you feel the need to arrest him, you're probably in the wrong line of work.

                  Comment


                  • #10
                    Originally posted by Iowa #1603 View Post
                    I would say we have heard ONE SIDE of the story.



                    He sure wouldn't be the first person to be arrested for talking his way into handcuffs on a traffic stop

                    I've seen the youtube videos, dashcam or whatever showing it, sure enough the driver starts arguing and getting combative, and soon gets themselves in cuffs. I always say to myself when watching those videos- the side of the highway is not the place to argue a traffic citation court is!
                    The majority of those fools deserve what they get, a trip to the station, their car towed to impound, the citation they would have gotten plus a summons for their side-of-the-road actions.
                    I've seen more than a few where the driver has a cam running while they chase a police car they think is "speeding," even a trucker who was all upset about an officer using his cell phone on the highway and who he claimed was "speeding"- the trucker blasted his horn at the officer and was soon pulled over for excessive/unnecessary use of the horn.

                    Mr. Clary, the motorist who was given a citation for making a prohibited turn and is the plaintiff in this case, was extremely rude and hostile to the police officer.
                    Maybe if mr Clary had paid attention and not made a prohibited turn in the first place, he wouldn't have been stopped in the second place huh? he only had himself to blame.
                    Last edited by Sculptor; 09-13-2014, 11:46 AM.

                    Comment


                    • #11
                      Originally posted by Steve856
                      Wow! Just wow. Reading the Complaint just leaves me speechless.



                      I do not know anything about Missouri law, and do not know exactly what happened to cause Mr. Clary’s arrest, but the ordinance that Mr. Clary was alleged to violate seems to be directed to ensure that noises from a music performance are not too loud to disturb the neighbors, rather than being addressed to the type of uncivil behavior that

                      Just an aside: I believe that the ordinance appears to be facially vague, but for a different reason then ACLU presents in Count V.
                      Pretty outrageous it was, the interesting thing is the officer cited "50 feet" in the form of "If I can hear you fifty feet away" and the complaint claims:
                      At no time could the plaintiff be heard at a distance of fifty feet
                      This is not only completely subjective in the absence of a decibel meter, but laughable, fifty feet is nothing, you can easily hear somone shouting at a moderate level from that distance unless you are half deaf. I remember in NYC people shouting from the upper floors of apartment buildings to someone on the sidewalk, fifty feet easily, that's only the 5th floor and I remember shouting up to a friend who lived on the 6th floor and he could hear me shout his name through the closed window enough to wake him up. (he didn't have a phone, front door locked, no buzzer)

                      Comment


                      • #12
                        Originally posted by retired View Post
                        Wow, if we had arrested everyone in Los Angeles who insulted us, half the county would be in jail.


                        Only 0.5 Sire officer retired????










                        Originally posted by Iowa #1603 View Post
                        I would say we have heard ONE SIDE of the story.

                        He sure wouldn't be the first person to be arrested for talking his way into handcuffs on a traffic stop



                        Yupper'z!!!!

                        Now me OTOH has da' great ability'z ta' reverse dat' by 180 degrees..cuz I know a lil secret....Let'z face it everybody has a "price"...






                        You're such a tool!



                        Originally posted by So Fla Cop View Post
                        The American Criminal Liberties Union hard at work spending patriotic taxpayer money to attack patriotic taxpayers.

                        Dat'z right Officer So Fla coppa! nutt'in but a bunch O' commies I declare! Girly boy'z, dat' cheated on dar' bar exam!





                        Originally posted by Rudy8116 View Post
                        Can I sue the ACLU for insulting Americans?

                        Sire Officer 8116, if ya' do'es, I want in on da' action!





                        Originally posted by slamdunc View Post
                        It is kind of breathtaking.
                        We deal with rude people all the time.
                        Oddly, the disorderly conduct statute does not apply to on-duty police officers here. Due to nature of our jobs, our peace cannot be breached or disturbed.
                        He could continue insulting and demeaning me and I would continue issuing citations for each violation I encountered. I would end our contact by telling him to drive safely (since I got called in the office once for telling a chump like this to have a nice day).
                        They do in Illinois, whether they should or not.

                        Remember in Verbal Judo: I Will Let Them Have The Last Word and I Will Have The Last Action.



                        Sire Officer Slamdunc'z Dat'z da' difference between a LEO and me..In ya' last sentence thinGy.

                        Originally posted by slamdunc View Post
                        I Will Have The Last Action.

                        I hope it wud' be yaz' asp remove'in all his choppers and bust'in his sniffa', then a follow up cramm'in yaz' PR24 up his butt-hole ta' make a 3 legged stool tool...







                        Originally posted by Mulgrave600 View Post
                        If I have one ticket for someone who starts speaking like that they will usually drive away with two more and a defective vehicle notice on their car.
                        Again, wid' me they 'wud have a defective smashed in head ta' boot!!!




                        Originally posted by slamdunc View Post
                        Was it the best course of action? Would it have been more prudent to write up a case report, take statements from any witnesses and submit it to the prosecutor to request a warrant?
                        'Wid all due respect Officer, NO!!!

                        Originally posted by slamdunc View Post
                        Any time you make an on-view arrest on something like this, you are rolling the dice
                        Good 7 come 11!!!!!





                        Originally posted by BTR1701 View Post
                        Yep. If you get butthurt about some jerk mouthing off to you to the point where you feel the need to arrest him, you're probably in the wrong line of work.

                        SNAP-A-RONNIE!!!

                        And iz was about ta' ask in AAC if I twaz' a very professional bank robba', gunslinga', and stagecoach hold up man 'cud become a coppa'....
                        Originally posted by mookster
                        Sully, usually I hafta glance over your posts cuz my brain would have issues with the imagery you portray, however with that one I get it. I agree one hundred percent with ya.
                        Originally posted by CityCopDC
                        I swear to god you are not human. I know a rogue VI when I see one.
                        Originally posted by OfficerDotCom
                        I think no one is probably happier than Sully and I that we ARE NOT the same person.(seriously thanking God for that one).
                        -Frank




                        Old Physicists neva' die, they just hop on a horsey and fly away inta' an infinitely massive black ho ...

                        Comment


                        • #13
                          Wow is right! but here's a video some guy made in Riverside, it's a real "wow" but the officer involved was amazingly restrained and the screaming irate jerk filming was not arrested.

                          The guy claims the officer was following him and "profiling" him because he is black, sound familiar?
                          He makes free and liberal use of the F word throughout while berating the officer and not even letting him respond for the most part:

                          http://www.liveleak.com/view?i=7e0_1410511614

                          Comment


                          • #14
                            Originally posted by Sculptor View Post
                            I've seen more than a few where the driver has a cam running while they chase a police car they think is "speeding," even a trucker who was all upset about an officer using his cell phone on the highway and who he claimed was "speeding"- the trucker blasted his horn at the officer and was soon pulled over for excessive/unnecessary use of the horn.
                            And in that same video, the moment the cop realizes he's being recorded, his demeanor does a complete 180, he admits he shouldn't have been using the cell phone or speeding, and he lets the trucker go without a citation for the horn.

                            Comment


                            • #15
                              Originally posted by Sculptor View Post
                              Wow is right! but here's a video some guy made in Riverside, it's a real "wow" but the officer involved was amazingly restrained and the screaming irate jerk filming was not arrested.

                              The guy claims the officer was following him and "profiling" him because he is black, sound familiar?
                              He makes free and liberal use of the F word throughout while berating the officer and not even letting him respond for the most part:

                              http://www.liveleak.com/view?i=7e0_1410511614
                              He would be in jail!
                              Strong Body, Sharp Mind And Good Tactics!

                              Comment

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