'Cursing at cops isn't a crime': Man jailed for flipping off Vermont State trooper settles case

Gregory Bombard sued Vermont State Police Trooper Jay Riggen who arrested him for disorderly conduct when he flipped the officer off after a traffic stop in 2018. (Cruiser Cam Footage from Bombard’s lawyers)

A Vermont man won a $175,000 settlement in his lawsuit after a state trooper arrested him for “disorderly conduct” for flipping the cop off after a traffic stop.

Greg Bombard’s settlement stems from his 2021 First Amendment lawsuit against Trooper Jay Riggen and the state of Vermont.

“With this settlement, I hope the Vermont State Police will train its troopers to avoid silencing criticism or making baseless car stops,” Bombard said in a statement through his attorneys. “And at least now I can pay my criminal attorney for defending me from the bogus charges and take my 88-year-old mother out for a nice dinner.”

Jay Diaz, a senior attorney with the nonprofit Foundation for Individual Rights and Expression (FIRE), represented Bombard.

“Cursing at cops isn’t a crime,” Diaz said in a news release . “Calling it ‘disorderly conduct’ isn’t a get-out-the-Constitution-free card that allows police to silence speech they don’t like.”

Through the lawsuit, Bombard’s attorneys learned that the Vermont State Police did not have a general First Amendment policy or training for its officers.

“Ignorance of the law is no excuse for arresting citizens for nothing more than exercising their rights,” said Diaz. “We wouldn’t tolerate police officers who don’t understand traffic laws or parking laws. Well, the Constitution is the highest law in the land and it doesn’t allow cops to punish speech they don’t like.”

Staff Attorney Hillary Rich of the ACLU of Vermont, who worked with FIRE attorneys on the case, said the incident should never have happened.

“Police need to respect everyone’s First Amendment rights — even for things they consider offensive or insulting,” Rich said. “State legislators need to do more to prevent unnecessary and unjustified police interactions like the one Mr. Bombard experienced — by downsizing the footprint and broad authority of police in our communities.”

A Vermont State Police spokesperson told Law&Crime in an email that Riggen retired from the agency effective May 31 and declined to comment on the case.

As Law&Crime reported, Bombard accused Riggen of an unconstitutional and retaliatory false arrest during a traffic stop on Feb. 9, 2018. 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 “a——” and “f— you” and showed his middle finger, the lawsuit said.

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 “a——” 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 before being released with a citation to appear in 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.

The post ‘Cursing at cops isn’t a crime’: Man jailed for flipping off Vermont State trooper settles case first appeared on Law & Crime .