St. Albans, Vermont – The state of Vermont has agreed to a settlement of $175,000 in response to a lawsuit filed after a man was charged for raising his middle finger at a state trooper. The settlement follows accusations from the ACLU’s Vermont chapter that the trooper had violated the man’s First and Fourth Amendment rights during an unnecessary traffic stop and retaliatory arrest.

According to the ACLU, state trooper Jay Riggen pulled over Gregory Bombard in St. Albans in February 2018, believing that Bombard had gestured at him with his middle finger. The lawsuit filed on Bombard’s behalf in 2021 stated that Riggen interrogated Bombard for several minutes before eventually releasing him. However, as Bombard drove away, he reportedly displayed his middle finger again, leading to his re-arrest by Riggen, who charged him with disorderly conduct for his profane behavior.

The complaint detailed Bombard’s experience of being jailed for over an hour, having his car towed, and facing charges of disorderly conduct. Despite having to navigate a criminal proceeding for nearly a year, the initial charge against him was eventually dismissed. A second charge of disorderly conduct was also filed but dismissed before the recent settlement was reached.

Under the terms of the settlement finalized on June 12th, Vermont will pay $100,000 in damages to Bombard and $75,000 in attorneys’ fees to the ACLU and the Foundation for Individual Rights and Expression. Despite the settlement, Riggen and the state of Vermont have not admitted to any wrongdoing.

In light of the settlement, Bombard expressed hope that the Vermont State Police would provide better training to its troopers to avoid silencing criticism or making baseless stops. He also mentioned using the settlement funds to pay his criminal attorney and take his 88-year-old mother out for a nice dinner.

This case is part of a broader legal landscape where federal appeals courts have ruled in favor of protecting individuals’ right to express dissent by way of gestures or language towards law enforcement officers. In such cases, the courts have upheld these actions as constitutionally protected speech under the First Amendment.