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Police Officer’s Stalking Injunction Upheld Against Citizen Who Scolded His Driving And Complained About Him

November 10, 2015 by  
Filed under Uncategorized

 

 

 

The Fourth District Court of Appeals just upheld a stalking injunction, except for some blanket restrictions on internet speech, brought by a police officer against a citizen who had allegedly scolded the officer for his driving and then stalked him.   Based on this alone I thought the opinion must be worth a closer read.

According to the the allegations set forth in the opinion, the citizen had followed the officer in to the neighborhood in which they both lived after having been “cut off” by the officer.   After the citizen had told the officer his driving was bad the officer stopped the citizen from leaving and wrote him a ticket for failing to wear his seat-belt.  The citizen denies he was not wearing his seat-belt.  The officer later informed the citizen’s parents about the incident.  The citizen then sent several letters to the police officer’s chief and other public officials complaining about his mistreatment by the officer.  The citizen also sent at least three letters to the officer’s home address and posted the officer’s photograph on a copblock website with a complaint about the incident.

The officer sought and obtained a stalking injunction from the trial court against the citizen which prohibited the citizen from going within 500 feet of the officer’s residence, from posting anything on the internet about the officer, and from defacing or destroying the officer’s personal property.

The Fourth District Court of Appeals just upheld the stalking injunction except for the blanket restriction on the citizens internet speech. The Court held that internet speech could only be restricted by the injunction if communications were directed to the officer as to purely private matters, causing substantial emotional distress to the officer or his family, and served no legitimate purpose.

After reading the opinion I still wanted to know more.  The facts seemed interesting but had not been  fully fleshed out in the Court’s opinion.  So I used the officer’s name and copblock as my google search terms as one might.  According to the citizen’s copblock post he is a 55 year old disabled African-American veteran and his parents are 92 and 80 and suffer from heart conditions.  The post states the citizen was cut off by the officer in a gated community and that the citizen told the officer that he had almost hit his car.  The post says that both the officer and the officer’s mother had later called the citizen’s parents about the incident to harass and scream at them.  The post also states that the police retaliated to the citizen’s complaints about the officer by sending police officers to the citizens home with their guns drawn.

 

 

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