Judge rules in favor of man who was arrested for writing 'F--K YOUR SH---Y TOWN B----ES' on N.Y. speeding ticket form
A federal judge ruled that an upstate town violated a man’s liberty by arresting him for writing profanities on a speeding ticket, officials said Tuesday.
Willian Barboza was pulled over for speeding in Liberty in 2012 and decided to plead guilty to the ticket by mail.
Barboza, who was 22 at the time, expressed his frustration with the town by scratching out "Liberty" and replaced it with "Tyranny" as well as writing "f--k your sh---y town b----es" on the payment form.
The payment was declined and when he went to his court appearance, he was arrested for allegedly "violating the state's former 'aggravated harassment' statute," according to a press release issued Tuesday by the New York Civil Liberties Union.
The case was dismissed in 2013 and Barboza filed a federal lawsuit that his First Amendment rights were violated by the Village of Liberty's prosecutors and police.
A copy of the speeding ticket guilty plea Willian Barboza sent to the town of Liberty, N.Y.
NYCLU
A copy of the speeding ticket guilty plea Willian Barboza sent to the town of Liberty, N.Y.
Federal Judge Cathy Seibel agreed.
"I hope that by standing up for myself, other Americans will not be treated like criminals for complaining about their government with a few harmless words," said Barboza in a statement.
The judge denied the prosecutor's request of "absolute immunity" for deciding to make the arrest and ordered a trial for Barboza's claim that the village failed to properly train its officers, according to court transcripts from the hearing last Thursday.
Damages, if any, will be determined for Barboza at trial.
A federal judge ruled that an upstate town violated a man’s liberty by arresting him for writing profanities on a speeding ticket, officials said Tuesday.
Willian Barboza was pulled over for speeding in Liberty in 2012 and decided to plead guilty to the ticket by mail.
Barboza, who was 22 at the time, expressed his frustration with the town by scratching out "Liberty" and replaced it with "Tyranny" as well as writing "f--k your sh---y town b----es" on the payment form.
The payment was declined and when he went to his court appearance, he was arrested for allegedly "violating the state's former 'aggravated harassment' statute," according to a press release issued Tuesday by the New York Civil Liberties Union.
The case was dismissed in 2013 and Barboza filed a federal lawsuit that his First Amendment rights were violated by the Village of Liberty's prosecutors and police.
A copy of the speeding ticket guilty plea Willian Barboza sent to the town of Liberty, N.Y.
NYCLU
A copy of the speeding ticket guilty plea Willian Barboza sent to the town of Liberty, N.Y.
Federal Judge Cathy Seibel agreed.
"I hope that by standing up for myself, other Americans will not be treated like criminals for complaining about their government with a few harmless words," said Barboza in a statement.
The judge denied the prosecutor's request of "absolute immunity" for deciding to make the arrest and ordered a trial for Barboza's claim that the village failed to properly train its officers, according to court transcripts from the hearing last Thursday.
Damages, if any, will be determined for Barboza at trial.
