A federal jury has tossed the civil rights suit of an upstate man who gave the middle finger to a police officer and then claimed he was falsely arrested as a result. After a three-day trial and two hours of deliberations, a Northern District jury determined that Village of St. Johnsville Police Officer Richard Insogna had reasonable suspicion to stop a car after John Swartz, driving by on the passenger side, flipped Insogna the middle finger. In its April 17 verdict, the jury in Swartz v. Insogna, 09-cv-616, also concluded there was probable cause to arrest Swartz at the ensuing traffic stop.
Swartz and his wife sued Insogna and another officer in 2009 seeking unspecified damages for an illegal traffic stop, false arrest and malicious prosecution. Though arrested for disorderly conduct, the case against Swartz was later dismissed. Northern District Judge David Hurd (See Profile) granted summary judgment to the defendants but the U.S. Court of Appeals for the Second Circuit revived the suit in January. The circuit held that the stop and arrest were unlawful based on Swartz’s version of the facts, but said it was for a jury to decide (NYLJ, Jan. 4).
