CASE LAW UPDATE: Whether flipping an officer the middle finger is protected speech?
Plaintiff flipped off a traffic officer. Subsequently, he was subjected to a stop. Later, he sued the officer for alleged 1st and 4th Amendment violations. The officer raised qualified immunity. The Eighth Circuit Court of Appeals held that: (1) the district court erred in granting qualified immunity on the First Amendment retaliation claim, because flipping the middle finger is protected speech.
Garcia v. City of New Hope, 19-1836, Smith J. Appealed from the United States District Court, District of Minnesota.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.