Man Flips Off Construction Workers - Gets Ticket From Cop - Is Suing [View All]

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By Paula Reed Ward, Pittsburgh Post-Gazette

A New Castle man filed a federal lawsuit yesterday claiming his free-speech rights were violated last year when he was cited for using an obscene gesture at a construction worker.

Thomas Burns had been frustrated by a traffic delay during road work on April 27, 2005, on Broadhead Road in Center Township, Beaver County. As he passed by construction workers operating the "Stop-Go," sign, he flipped them his middle finger.

That was enough to raise the ire of the workers, who radioed the incident to Center Township Police Officer Samuel J. Johns, who was parked down the road, the lawsuit said.

The officer pulled Mr. Burns over and issued him a citation for obscene disorderly conduct, which he said would arrive by mail.

In his lawsuit, Mr. Burns said he never received the ticket, and in July, a constable showed up at his home to arrest him for failing to appear at a hearing.

Mr. Burns later appeared in magistrate's court to plead not guilty, and the charge was ultimately dismissed when neither Officer Johns nor the victim showed up at a hearing in October.

Yesterday, Mr. Burns filed his lawsuit, claiming his First Amendment right to free speech was violated, as were his 14th Amendment rights to be free from unreasonable search and seizure and malicious prosecution.

Mr. Burns' lawsuit, which names both the township and Officer Johns, was filed by the same lawyer, Harlan Stone, who won a $9,000 settlement in a similar case in 2004.

http://post-gazette.com/pg/06073/669903.stm