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Motorcyclist fights back, sues New York State Patrol for 'abuse of power'


If there’s one thing any law enforcement officer needs to know, abusing your power can sometimes lead to your victims fighting back.

That’s the predicament highway patrol officers in Upstate New York now find themselves in after a motorcyclist named Mitchell Proner – who also happens to be a personal injury attorney – sued the New York State Police and the New York State and county authorities over what he claims to be the "misuse of safety inspections to delay and harass motorcyclists without any reasonable belief that any laws are being broken."

We don’t exactly know how many times Proner himself has been pulled by the fuzz, but it must have been enough to light a hot enough fire under him to go after these guys.

Continued after the jump.

Source: Autoblog

Proner goes as far as saying that there is no constitutional mandate to single out motorcyclists in the implementation of roadblocks and doing so violates every motorcyclist’s First Amendment rights to freedom of assembly and association and their Fourth Amendment right to freedom from unreasonable search and seizure.

Boy, that’s a handful to digest.

In any case – no pun intended, of course – Proner is more than likely speaking for every other rider out there that has been subjected to this somewhat embarrassing ordeal. We don’t exactly know what Mr. Pronner has in mind as to a resolution for this situation, but from what we’ve gathered, the personal injury attorney seems to be bent on taking this suit to the next level by filing the federal class action suite at the Federal Court of the Northern District of New York on behalf of his motorcycle-riding brethren.

The question now is, does Pronner’s case have any merit, or will it just be another one of those class action suits that always seem to end up in someone else’s shredder?

Stay tuned to Top Speed to find out more.



8 comments:

Definitely it takes one to challenge abuses that had been taught as source of authority but not

Sometimes, we really need to be bold to know where to bring our complaints agiants abuses. Some men in uniform thinks no one would have that gutts to fight them head to head!

If Proner won’t be able to bring other plaintiffs in the open, then this means that the next time he uses his bike along NY alleys, he is proner to see this men in uniform scouting on him

If Mr. Proner is fighthing this issue as an individual, it might just end as another case told, but gone none far.

I think Proners wants to become a sensational personal injury attorney and he is taking his battle this far with the NYP State Police

It is preety obvious some men in uniforn do not know the real meaning of authority

Sometimes, power means abuse and it is difficult when we experience it with those in authority.

Best of luck to Mr Proner. As a former cross country trucker and motorcycle rider I have experienced the same abuse countless times.

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