Bombard v. Riggen, State of Vermont: Vermonter Arrested for Cursing at a Cop
Cases
Case Overview
On February 9, 2018, Gregory Bombard was driving through his hometown of St. Albans, Vermont, enjoying a coffee and a cigarette. He committed no crime 鈥 not even a minor traffic violation.
Twenty minutes later, he was locked in a cell.
Bombard鈥檚 alleged crime? Cursing at a cop and giving him the finger during a traffic stop 鈥 conduct that is squarely protected by the First Amendment. The First Amendment protects the right to engage in rude or offensive speech 鈥 including the middle finger 鈥 especially when directed at government authorities.
As the police video shows, Vermont State Trooper Jay Riggen first abused his power by pulling over Bombard for flipping him the bird. As it happened, Riggen was mistaken and Bombard had not made the gesture. But even if he had, it would have been unconstitutional for Riggen to retaliate against a civilian for nothing more than an insult.
The stop ended only after Bombard suggested that he would file a complaint. As Bombard pulled away, he really did give a good old-fashioned one-finger salute, and said 鈥渁sshole鈥 and 鈥渇uck you.鈥
Then, an angry Trooper Riggen immediately pulled over Bombard a second time and arrested him for 鈥渄isorderly conduct.鈥 Bombard was handcuffed, searched, thrown in the back of a police car, locked in a station holding cell, and forced to have his fingerprints and mugshot taken, with the mugshot later distributed to Vermont media outlets. As a final indignity, Riggen had Bombard鈥檚 car towed for being in a 鈥渘o parking鈥 zone鈥攚here Riggen instructed Bombard to pull over.
On December 15, 2023, FIREasked the Superior Court of Vermont to rule, as a matter of law, that Riggen unlawfully retaliated against Bombard and chilled his speech鈥攂ecause cursing at cops is not a crime.
Ten days later, on Christmas Day, the Vermont State Police sent an officer to Greg鈥檚 home to cite him for disorderly conduct again, this time blaming Greg for phone calls from numerous people complaining to Vermont State Police about Riggen鈥檚 actions. The following day, they dropped the charges. But Greg was ready to file another lawsuit to end the repeated retaliation.
In June 2024, before the court ruled on Greg鈥檚 motions, the State agreed to settle both cases. The State paid him $175,000 in compensation and attorneys鈥 fees.
The settlement sends a clear message to the Vermont State Police and government officials across the country: When you violate someone's First Amendment rights, you鈥檙e going to get more than a middle finger.