- 1st Circuit says woman had right to video traffic stop, OKs civil rights suit against police
1st Circuit says woman had right to video traffic stop, OKs civil rights suit against police
Posted May 27, 2014 4:45 PM CDT
By Martha Neil
A federal appeals court has given the green light to a New Hampshire woman's civil rights lawsuit against Weare police.
Carla Gericke had a constitutional right to video a police traffic stop of a friend in 2010, the Boston-based 1st U.S. Circuit Court of Appeals ruled Friday. Hence, she may pursue a lawsuit alleging that police charged her with wiretapping in retaliation for her exercise of that constitutional right, the Associated Press reports.
The police had argued that qualified immunity should apply, because officers acted reasonably.
The case will now proceed to a jury trial where the facts will be determined.