Middle Finger Man Receives $175k Settlement – ACLU Victory Over Vermont State Police

Montpelier, Vermont – The state of Vermont has agreed to pay $175,000 to settle a lawsuit following an incident where a man was charged with a crime for raising his middle finger at a state trooper. The settlement comes after the American Civil Liberties Union accused State Trooper Jay Riggen of subjecting Gregory Bombard to an unnecessary traffic stop and retaliatory arrest, violating his First and Fourth Amendment rights.

According to the ACLU, Riggen pulled Bombard over in St. Albans in February 2018, believing that Bombard had raised his middle finger at him. Riggen then questioned Bombard for several minutes before ultimately arresting him for disorderly conduct based on alleged profane behavior. Bombard was jailed, his car was towed, and he faced a criminal proceeding for nearly a year before the charge was dismissed.

In response to the incident, the ACLU’s Vermont chapter filed a lawsuit on Bombard’s behalf in 2021, seeking justice for what they deemed as a violation of Bombard’s constitutional rights. The lawsuit highlighted the importance of law enforcement officials respecting individuals’ First Amendment rights, even in situations where speech may be considered offensive or insulting.

As part of the settlement reached on June 12, the state of Vermont will pay $100,000 in damages to Bombard and $75,000 in attorneys’ fees to the ACLU and the Foundation for Individual Rights and Expression (FIRE), two nonprofit organizations that represented him in the case. The settlement stipulates that Riggen and the state of Vermont do not admit to any wrongdoing or liability in the lawsuit.

Following the settlement, Bombard expressed hope that the Vermont State Police would provide better training to its troopers to avoid similar incidents in the future. The case also sheds light on the protection of citizens’ constitutional rights, with a federal appeals court previously ruling that actions like yelling an expletive at a police officer are constitutionally protected speech under the First Amendment.

Overall, the settlement serves as a reminder of the importance of upholding individuals’ rights in interactions with law enforcement and highlights the ongoing efforts to ensure that freedom of speech is safeguarded for all individuals.