Man Sues Cops After Arrest for Cursing
Says his right to free speech was violated
By Newser Editors and Wire Services
Posted Jun 7, 2014 10:29 AM CDT
   (Shutterstock)

(Newser) – A western Pennsylvania man arrested for cursing in front of police has filed a lawsuit saying his right to free speech was violated. As the Pittsburgh Post-Gazette reports, Richard Pustovrh was arguing with his employers in September 2012 when they called the police. Pustovrh then repeatedly used an obscenity to voice his frustration after a Canonsburg police officer warned him to stop. He was handcuffed and later found guilty of disorderly conduct and obscene language, though the latter charge was withdrawn on appeal. Pustovrh wants a declaration that the police actions were unconstitutional, and he's seeking punitive damages of $100,000.

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Showing 3 of 62 comments
Dr Geo Douglas
Jun 8, 2014 12:09 PM CDT
I'm so tired of people who cannot have a conversation without dropping the F-bomb. It would seem they don't know its definition. A friend told me that his f-ing car broke down. I countered, "Really? You have a fornicating car, Now that I've got to see."
KDickley
Jun 8, 2014 11:23 AM CDT
People should be considerate to those who just don't like filthy language, like children, religious folks, etc.
Ebonybull
Jun 8, 2014 8:09 AM CDT
On 13 Sept 13 two plain clothes Detectives from the Nashua NH Police Dept travelled 35 miles to criminally trespass onto my private property to deliver a stern warning from the Chief Justice of the NH Supreme Court about my criticism of her part in the 2003 race based denial of my son's right to equal educational opportunity to attend NH public school because of his race and skin color. She did not appreciate that I called her a Racist F____g B_____, when she refused to recuse herself in a matter I was anticipating filing. She denied there was judicial bias and prejudice, though the fact show she was part of the unanimous vote not to hear my appeal of the Title IV Civil Rights violation by the Family Court. I warned the two Detectives to get the F____ off of my property. This was extrajudicial conduct, but also a lawful exercise of my First Amendment right. If you don't think I will sue, you'd be sadly mistaken. The Supreme Court has recognized only two situations in which judicial immunity can be overcome. First, a judge is not immune from liability for "actions not taken in the judge's judicial capacity." "[W]hether an act by a judge is a `judicial' one relates to the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectations of the parties, i.e., whether they dealt with the judge in his judicial capacity." Second, a judge does not enjoy immunity for actions taken in the complete absence of jurisdiction. The police do not have the right to breach a person's First Amendment right on the basis of content. The NHJCC refused to take action, but I won't