Buffalo Man Allowed to Proceed with Lawsuit Against Police for Profane Remark

A recent ruling from the U.S. Court of Appeals has cleared the way for a Buffalo man to continue his lawsuit against the city's police department after he was ticketed for shouting at an officer to turn on his headlights. The appeals court's decision overturned a previous ruling by a U.S. district judge, allowing the lawsuit to move forward.

The Incident

The incident in question took place in December 2016 when R. Anthony Rupp III, a civil rights attorney, and his wife were leaving a downtown restaurant. Rupp observed a vehicle without its headlights on nearly striking two pedestrians. In response, he vocalized his concern with a profanity, instructing the driver to "Turn your lights on."

It was only after the vehicle, which turned out to be a police SUV, was pulled over by Officer Todd McAlister that Rupp realized the driver's identity. McAlister proceeded to inform Rupp that he could be arrested for his comment, to which Rupp defended himself by stating that the officer should have his headlights activated when driving after dark to avoid causing an accident.

Legal Action and Ruling

Rupp's decision to pursue legal action was influenced by later events involving the same officers. Two months after his encounter, the officers were involved in the arrest of an unarmed man who tragically died of an asthma attack while being handcuffed. Rupp felt compelled to stand up for the deceased individual and subsequently filed a lawsuit against the city, the police commissioner, and the officers involved in his traffic stop, alleging false arrest, malicious prosecution, and First Amendment retaliation.

The U.S. Court of Appeals' recent ruling has reignited hope for Rupp's legal action. The court suggested that a jury might interpret Rupp's shouted comment as "unreasonable noise" if it had been entirely composed of expletives, but it also acknowledged that a "rational juror" could perceive the remark as an attempt to prevent a potential accident. As a result, the case has been remanded to district court for trial.

Seeking Justice and Accountability

Rupp has stated that he is only seeking $1 in damages and an acknowledgment of the officers' inappropriate behavior. Despite the challenges ahead, this ruling marks a significant step forward for Rupp's pursuit of justice and accountability.