Greg Bombard is suing Vermont State Police Trooper Jay Riggen after the trooper thought he had flipped him off. (Cruiser Cam Footage from Bombard’s lawyers)
A motorist in Vermont is suing a state trooper for pulling him over because the officer thought he flipped him off.
Gregory Bombard accuses Vermont State Police Trooper Jay Riggen of an unconstitutional and retaliatory false arrest during a traffic stop on Feb. 9, 2018. The lawsuit, filed in February, alleges unreasonable seizure, false arrest, and retaliation for constitutionally protected speech. It seeks an undisclosed amount of money.
“I respect the police and other first responders,” said Bombard. “But I respect officers who first respect the Constitution. Those who betray their oath have to be held accountable.”
Attorney Jay Diaz said recently released police body camera footage shows the stop was unconstitutional.
“Police are charged with protecting the public, not their own bruised egos,” said Jay Diaz, a senior attorney with the Foundation for Individual Rights and Expression working with the ACLU on the case. “It’s obvious from the footage that the officer wasn’t concerned about Greg’s safety. He just wanted to punish him for mouthing off.”
Neither representatives from the Vermont State Police nor the union that represents them immediately responded to a request for comment from Law & Crime.
Court documents and police dashboard video highlight the traffic stop and arrest in St. Albans.
“Defendant Riggen confronted Mr. Bombard in an angry manner,” the lawsuit said. “Mr. Bombard expressed confusion. Defendant Riggen continued to express anger towards Mr. Bombard.”
The trooper told Bombard, “it looked like you flipped me off when you were going by there.”
Bombard denied making the gesture, and Riggen continued questioning Bombard in what the lawsuit said was an attempt to justify the stop.
Riggen conceded he might have been mistaken about the gesture, saying, “Once I realized that you weren’t flipping me off, you’re free to go.”
When Bombard told Riggen he’d file a complaint against him and questioned the legality of the stop, Riggen “abruptly ended the interaction and walked to his cruiser.”
As Bombard pulled away, he cursed, saying something to the effect of “asshole” and “f— you” and showed his middle finger.
Riggen, who saw it from his cruiser, followed Bombard and pulled him over again, ordering him out of his car and arresting him for disorderly conduct.
“Defendant Riggen told Mr. Bombard that ‘yelling “asshole” in front of dozens of people is disorderly conduct 101,’” the lawsuit said.
Bombard got out of his car and was patted down, handcuffed, and placed in the back of the police cruiser. Riggen also towed his car, noting it had been parked in a “no parking” zone.
Bombard was jailed for over an hour, told that prosecutors would determine how or whether he would be charged, and was released with a citation to appear in Franklin County District Court.
News of his arrest with his mug shot appeared in local media and on the Vermont State Police’s press release webpage.
The disorderly conduct charge was ultimately dropped because “[o]ne cannot be convicted of obstructing traffic by simply conveying offensive messages or ideas” and “the DVD video of the incident does not show any time when the defendant or his vehicle physically obstructed traffic.”
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