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.
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.