“Fuck Your Shitty Town Bitches” False Arrest/First Amendment Case Proceeds to Trial

Here is the recent decision in Barboza v. D’Agata, SDNY 13-cv-4067 (9/10/15) in which Judge Seibel ruled on the parties’ summary judgment motions.

In this case, plaintiff alleged in his federal lawsuit that his arrest under (now unconstitutional) NY Penal Law § 240.30(1) for writing “fuck your shitty town bitches” on a speeding ticket payment form violated his constitutional rights. As a result of this ruling, plaintiff’s case will proceed to trial against some, but not all, defendants.

From Judge Seibel’s decision:

Plaintiff argues that [a detective and officer] violated his right to be free from arrest without probable cause and his right to be free from arrest in retaliation for writing “fuck your shitty town bitches” on a parking ticket which he asserts is protected speech. I find, unsurprisingly, that defendants violated plaintiff’s First Amendment rights when they arrested him under New York Penal Law Section 240.30(1) which was held unconstitutional by the New York Court of Appeals in 2014.

Among other things, the court held that the assistant district attorney who ordered plaintiff’s arrest was not entitled to immunity for his actions.

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