Colorado man arrested multiple times after criticizing police claims his right to Free Speech was violated

Throughout 2019, a Colorado Springs protester was forcefully detained on several occasions by local police after making critical remarks to officers. He filed two separate lawsuits against the police department, claiming they had infringed upon his Free Speech in their response to his comments.

Key Player

Michael Sexton sued the Colorado Springs Police Department (CSPD), after being arrested when he citicized officers.

Further Details

On June 7, 2019, Sexton raised his middle finger at police officer Matthew Anderson, who was driving past him in a patrol car. The officer pulled over and asked Sexton if he needed help. Sexton declined, but as the officer drove away, he crossed the street without using a crosswalk. The officer then cited Sexton for jaywalking. As he was doing so, Sexton flashed his middle finger again and proceeded to film the officer, who then detained him, according to The Denver Post. However, he was released soon thereafter and was not taken to the police station. 

Sexton’s jaywalking charge was dismissed three months later, The Denver Post reported. Colorado Springs police subsequently disciplined Anderson for violating the department’s discretionary judgment policy, according to the lawsuit. 

On Jan. 14, 2020, Sexton filed a federal lawsuit against Anderson and the city of Colorado Springs. He and his lawyers claimed Anderson had used unlawful force, made a wrongful arrest, and violated Sexton’s First Amendment right to Free Speech. The suit also asserted that Anderson had “pulled Mr. Sexton to the police car by his wrist and shoved Mr. Sexton against, and over, the hood of his vehicle.” As of Dec. 27, 2020, the case was stalled while a federal judge reviewed the city’s motion to dismiss the case, on the grounds that Anderson could not be prosecuted under the principle of qualified immunity.

During another brush with law enforcement in January 2019, Sexton took a video of a “speed trap” set by Colorado Springs police. He openly criticized them, and said “fuck the police” to a group of eight officers. A CSPD officer arrested Sexton, took him to the station, and charged him with disorderly conduct. He was later released. 

Outcome

Second lawsuit filed 

On July 30, 2020, Sexton filed a second lawsuit against the CSPD and the officers involved in the January 2019 incident. According to Andy McNulty, his attorney, they were “trying to hold them accountable.” McNulty said he initially wanted to resolve the issue without litigation, but the city refused to do so. The Gazette reported that McNulty was predicting success in the lawsuit, “because the police actions involve a ‘pattern and practice’ of retaliating against people who criticize them.” 

As of Dec. 27, 2020, Colorado Springs officials had refused to comment on Sexton’s latest suit.