[mcdude]

Originally Posted by Mr. V

I hope the guy who was arrested has the sense to talk to a lawyer about this.

*I smell a lawsuit*

you mean like this?

Parent sues officer over arrest at school board meeting

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Details

Published Date Wednesday, 25 February 2015 01:22

GILFORD — The man who objected to one of his 9th grade daughter's reading assignments at a School Board meeting last year is suing the local police lieutenant who arrested him and removed him from the meeting.
William Baer has filed a suit in the United States District Court for the District of New Hampshire seeking damages from Lt. James Leach for allegedly violating his Fourth and Fourteenth Amendment rights.
"Had (Leach) of the Gilford Police Department not falsely arrested the plaintiff, without a warrant or probable cause, for exercising his right to free speech, the plaintiff would have been free from seizure, arrest, and criminal charges," wrote Concord attorney Charles Douglas in his pleading.
Baer was charged with three criminal complaints of disorderly conduct under three separate sections of the disorderly conduct law.
After a number of months, 4th Circuit Court, Laconia Division Judge Jim Carroll dismissed the charges against Baer saying, among other things, that "the court questions the constitutionality of the state's action in the sequence as memorialized by the deposition."
Because of his arrest, Baer is seeking damages because he was humiliated in front of a room filled with people and the videos went viral. A YouTube video of the incident was viewed by at least one million times.
In addition, Baer's license to carry a concealed weapon in Maine was delayed and he was temporarily held at the Canadian border because of the arrest.
Baer's children attend Gilford Schools and he said they have suffered emotional repercussions as a result of his father's public arrest.
He is seeking a unknown amount of financial compensation and legal fees.
At a regularly scheduled Gilford School Board meeting on May 5, 2014 Baer and a number of other residents attending the meeting to voice their opinions on a reading assignment.
In Baer's opinion, the book, "Nineteen Minutes" by Jody Picoult, contained a sexually explicit section that he believed was inappropriate for a ninth grader. He had made his objections known through various outlets and because of the controversy, the meeting was packed with Baer supporters and detractors. At least three newspapers reporters were there as were two people operating video cameras.
Chair Sue Allen opened public comment and limited each speaker to two minutes and a single opportunity to speak. Leach was at the meeting, in uniform and initially standing off to one side.
Baer spoke for at least two minutes and, according to the lawsuit, was told by resident Joe Wernig that his time had ended. Baer finished his thought and sat down. Wernig lives in Gilford and is an educator in the Shaker Regional School District.
Two others spoke and were followed by Wernig who said Baer are others were trying to dictate what his kids can and cannot read. Without being recognized to speak again, Baer loudly reacted that Wernig's statement was ridiculous and was told by Allen to respect other speakers. But Baer kept talking.
After a nod from Allen and Superintendent Kent Hemingway, Leach approached Baer and told him he was being asked to leave. He gave him no prior warning and Baer said, "I guess you're gonna have to arrest me."
Leach removed Baer by grabbing his wrist and leading him from the meeting room. He was handcuffed outside the glass-walled room and arrested.
While the suit is filed against Leach as an individual, according to state law he is indemnified by state law — meaning he is not personally responsible for any financial awards should Baer prevail, but the town of Gilford is.
When contacted yesterday, Leach said he was not aware of the suit