BREAKING News Out Of INDIANA

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Mark May, of Terre Haute, Indiana, has reportedly filed a federal lawsuit claiming his constitutional rights were violated when he was ticketed for giving an Indiana State Trooper “the finger.”

(Facebook/Mark May Carpet Cleaning)

Dean James III% AMERICA’S FREEDOM FIGHTERS –

An Indiana man has filed a federal lawsuit claiming his constitutional rights were violated when he was given a ticket for giving an Indiana State Trooper “the finger.”

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The man named Mark May, of Terre Haute, is seeking unspecified damages against Police Master Trooper Matt Ames, the Tribune-Star reported, citing a complaint filed in court on Thursday by the American Civil Liberties Union of Indiana.

In the lawsuit, May admits to the incident on Aug. 21, 2017 when he made a gesture commonly known as “giving the finger” to Ames as May drove past Ames, who had stopped another motorist along U.S. 41.

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May claims just prior to that incident, he was cut off in traffic by Ames, who was pursuing another motorist.

After Ames saw May make the gesture, the lawsuit claims, Ames pursued May, pulled him over and ticketed him for “provocation.”

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May was issued a “provocation” ticket — which carries a fine of up to $500 — after he gave the trooper the rude gesture, which Indiana Criminal Code states is issued when “a person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation,” Fox News reports.

Kenneth Falk, legal director of ACLU Indiana, argued that May’s gesture toward Ames was fully protected by the First Amendment of the U.S. Constitution.

“While perhaps ill advised, Mr. May’s gesture, which in no way interfered with the Master Trooper’s lawful activities, was fully protected by the First Amendment,” Falk told the newspaper.

Falk also claimed May’s Fourth Amendment rights were violated because the state trooper “had no cause whatsoever to initiate the stop.”

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Capt. David Bursten, Chief Public Information Officer for Indiana State Police, told Fox News that as of Friday, the department had not yet been notified of the lawsuit — but stated that “it often takes several days” for the police unit to be informed after a suit is filed.

May, who is self-employed as a carpet cleaner, claims he missed two days of work because of the court appearances, and he lost income.

In addition to unspecified damages, May is seeking attorney’s fees.

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