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Court Denies Qualifed Immunity to Officer Who Detained a Man for Using Profanity – RedState

In Buffalo, New York, a frustrated man’s profanity-laced rebuke of a police officer led to a questionable detainment, which has now resulted in a legal battle over free speech and accountability among law enforcement. An appeals court recently ruled that the officer involved is not entitled to qualified immunity, which means that the lawsuit against the officers involved may proceed. 

The incident occurred on a 2016 evening after R. Anthony Rupp, an attorney, yelled at Officer Todd McAlister, who was “rapidly approaching” a crosswalk without his headlights turned on. The attorney and his wife were exiting Chef’s Restaurant and were crossing the street to the parking lot, according to a legal filing.

As Rupp and his wife began walking across the street and reached the midway point of the street crossing, Rupp observed a large vehicle approaching at rapid speed down Seneca…

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