The Latest Local News from the Rome News
A man arrested for cursing at a 911 dispatcher has filed suit in federal court in Rome against the Whitfield County sheriff and a deputy, claiming his speech is protected and that authorities had no right to detain him.
Boyd Green, 58, argues in his suit that his June 2014 arrest for unlawful conduct during a 911 call was unconstitutional. Cursing twice during a 911 call violated no law and didn’t impede the dispatcher’s duties. Additionally, his arrest, search and incarceration lacked probable cause.
Green asks U.S. District Court Judge Harold Murphy that he be awarded compensatory and special damages. He also wants an order restricting authorities from arresting anyone for using constitutionally protected expletives during a 911 call.
Sheriff Scott Chitwood couldn’t be reached for comment.
“Defendants knew or should have known that police officers cannot arrest a person for uttering two passing expletives while making a verbal complaint about a police officer,” Green states.
Gerry Weber, an attorney representing Green with the Southern Center for Human Rights, said the Georgia law his client is accused of violating — unlawful conduct during a 911 call — is unconstitutional. Green’s speech didn’t interfere with the dispatcher’s job and wasn’t directed at her.
“It’s protected speech,” Weber added. “The Supreme Court has held that passing expletives is not something that can put you in jail.”
Green claims in his suit that prosecutors dropped the charge against him months after his arrest.
According to Weber, the sheriff and Deputy Wes Gibson will file a response to the suit. They also could try to have a judge dismiss the complaint.
If the suit continues, both sides would begin the discovery process. Attorneys would gather information, ask questions of those involved and potentially enter settlement discussions.
“It’s financially beneficial to them to resolve it early,” Weber said.
Source: Rome News
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