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They arrested a guy for saying "That's why you're in a goddamn lawsuit".

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trumad Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-02-07 11:00 PM
Original message
They arrested a guy for saying "That's why you're in a goddamn lawsuit".
DETROIT, Michigan (AP) -- An officer who arrested a man for cursing in a public meeting violated the man's right to free speech, a federal appeals court ruled Friday.

The 6th U.S. Circuit Court of Appeals reversed a lower court's decision that Montrose Township police officer Stephen Robinson had probable cause to arrest Thomas Leonard in 2002 when Leonard cursed while addressing the township board.

"It cannot be seriously contended that any reasonable peace officer, or citizen, for that matter, would believe that mild profanity while peacefully advocating a political position could constitute a criminal act," the three-judge panel wrote in Friday's decision.

"All our client did was get up at a public meeting and express himself vigorously, and he was arrested for it," said Glen Lenhoff, Leonard's attorney.

At the time, Leonard's wife, Sarah, was suing the township over a towing contract. Thomas Leonard accused the board members in the meeting of cheating his family and saying, "That's why you're in a goddamn lawsuit."

Robinson arrested Leonard, charging him with disorderly conduct and using obscene language. He was held in jail for an hour, and the charges were dismissed a month later.
http://www.cnn.com/2007/LAW/02/02/Profanity.arrest.ap/index.html
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-02-07 11:02 PM
Response to Original message
1. Well, they should have arrested him. The correct pronunciation is
"goddamned lawsuit."

:P

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baldguy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-02-07 11:08 PM
Response to Reply #1
2. Grammar nazi
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-02-07 11:40 PM
Response to Reply #2
9. hee hee
Edited on Fri Feb-02-07 11:41 PM by Hissyspit
Of course! Although you will catch me dangling my participles when no one is looking. I wonder if you can get arrested at a town meeting in Michigan if you dangle your participle.

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TlalocW Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-02-07 11:08 PM
Response to Reply #1
3. He really ought to address the township again
But this time, just do a Yosemite Sam on them and make every other word, "Gol-durned," "Rackin'-Frackin'-Sassin'-Frassin'," etc.

Then he should pull out two six-shooters and fire them so rapidly into the ground, that it lifts him off the floor.

TlalocW
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-02-07 11:10 PM
Response to Original message
4. The article says charges were dropped against the cop......
....but it doesn't say what the charges where(in addition to the civil case).

I assume the cop was charged, criminally, with violation of Leonard's rights. The article is vague. There must have been a statute on the books??? It would be nice if they told the full story.
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-02-07 11:25 PM
Response to Reply #4
6. If I recall right a few years ago in Michigan a man riding an inner tube down a river
swore and they arrested him for public profanity. But courts ruled in his favor.

Maybe it was a different state.
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-02-07 11:32 PM
Response to Reply #6
8. I think it was Michigan.
I'm just wondering why the cop escapes criminal violation of civil rights.
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-03-07 09:24 AM
Response to Reply #8
10. They shouldn't -- I wonder if the cop acts on his own or they get
their orders from a superior.
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tabasco Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-02-07 11:16 PM
Response to Original message
5. I'm glad they appealed.
At least half of the trial court judges in this country wouldn't know the law if the ghost of Thurgood Marshall threw it at them and hit them in the nose.

Plus another 25% are part of the good old boy network.

In complicated cases you have to have the mindset that you will be appealing. Especially in my county, where we have a drunk driving judge by the nickname of Howdy Doody. Naturally he's a republican.
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-02-07 11:25 PM
Response to Original message
7. Good thing that only took 5 years to resolve.
:banghead:
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