Cracker jailed for saying "&*_! the police" wins $100,000 for 1st Amend violation
I'm not suggesting that if the colour was different we would be reading a different story.........
It started when Marietta resident Amy Barnes went to the store on her bike to buy some butter in April 2012.
And it has ended with a legal settlement of one Hundred thousand dollars against the Cobb County Police Department.
In the police dash cam video, Barnes is heard hurling an expletive as she peddles by while they question a suspect.
"(Expletive deleted) the police."
Barnes, who was unavailable, admitted to FOX 5 News in October of 2012 of her actions.
"And I said (expletive deleted) the police and raised the middle finger and passed by."
On camera an officer reacted to the profanity: "That ain't happening."
Police followed Barnes, arrested her and charged her with disorderly conduct then took her to jail.
Cynthia Counts her attorney says police were heavy handed on Barnes.
"She could have been given a citation, but was arrested, put in solitary confinement, for part of it, she was in jail more than 24 hours."
Counts represented Barnes at trial where the police video was presented as evidence and the two officers testified.
The judge dismissed the charge despite claims by police Barnes' profanity offended others as heard on the police video:
"You see the little kids standing on the corner you think they care to hear your language."
Barnes and Counts sued the county claiming violation of free speech. Cobb County settled for one hundred thousand dollars.
Counts says the settlement is reminder of everyone's constitutional rights.
"It's important to understand that people have a right to express their ideas and no matter how offensive it's not a basis for penalizing someone. And that's just wrong it violates the first amendment."
A Cobb county spokesman acknowledged "The commission did approve a settlement offer at Tuesdays meeting. And that the documents have not been executed."
Barnes has been involved in recent Atlanta protests and unrest surrounding police conduct in Ferguson and other incidents
Cynthia Counts her attorney says the 100 thousand dollar settlement helps encourage free speech within legal boundaries.
"The line is you cannot threaten someone to make them fearful. The limit in terms of this case it was really no basis at all she caused no threat."
video
http://www.myfoxatlanta.com/story/27610700/woman-awarded-100000-in-free-speech-settlement
I'm not suggesting that if the colour was different we would be reading a different story.........
It started when Marietta resident Amy Barnes went to the store on her bike to buy some butter in April 2012.
And it has ended with a legal settlement of one Hundred thousand dollars against the Cobb County Police Department.
In the police dash cam video, Barnes is heard hurling an expletive as she peddles by while they question a suspect.
"(Expletive deleted) the police."
Barnes, who was unavailable, admitted to FOX 5 News in October of 2012 of her actions.
"And I said (expletive deleted) the police and raised the middle finger and passed by."
On camera an officer reacted to the profanity: "That ain't happening."
Police followed Barnes, arrested her and charged her with disorderly conduct then took her to jail.
Cynthia Counts her attorney says police were heavy handed on Barnes.
"She could have been given a citation, but was arrested, put in solitary confinement, for part of it, she was in jail more than 24 hours."
Counts represented Barnes at trial where the police video was presented as evidence and the two officers testified.
The judge dismissed the charge despite claims by police Barnes' profanity offended others as heard on the police video:
"You see the little kids standing on the corner you think they care to hear your language."
Barnes and Counts sued the county claiming violation of free speech. Cobb County settled for one hundred thousand dollars.
Counts says the settlement is reminder of everyone's constitutional rights.
"It's important to understand that people have a right to express their ideas and no matter how offensive it's not a basis for penalizing someone. And that's just wrong it violates the first amendment."
A Cobb county spokesman acknowledged "The commission did approve a settlement offer at Tuesdays meeting. And that the documents have not been executed."
Barnes has been involved in recent Atlanta protests and unrest surrounding police conduct in Ferguson and other incidents
Cynthia Counts her attorney says the 100 thousand dollar settlement helps encourage free speech within legal boundaries.
"The line is you cannot threaten someone to make them fearful. The limit in terms of this case it was really no basis at all she caused no threat."
video
http://www.myfoxatlanta.com/story/27610700/woman-awarded-100000-in-free-speech-settlement
