Fruchtman v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “no matter how peculiar, 25 6 abrasive, unruly or distasteful a person’s conduct may be, it cannot justify a police stop unless it sugges 5 that some specific crime has been or is about to be, committed’’
• finding summary judgment inappropriate where the officer admitted to stopping the plaintiff because the plaintiff made obscene gestures and yelled profanities but claimed he had no retaliatory motive because he honestly believed criminal activity might be afoot
• officer not immune because criticism of police is not a crime, absent evidence of disorderly conduct
• police officers may not exercise their authority to retaliate against an individual for his free speech
• “Inarticulate and crude as [plaintiff’s] conduct may have been, it represented an expression of disapproval toward a police officer . . . . As such, it fell squarely within the protective umbrella of the First Amendment[.]”
• making an obscene hand gesture and yelling expletives

Source: CourtListener parenthetical corpus (CC0).