David Hackbarth is a Tampa resident who reached a $50,000 settlement with Pittsburgh, Pennsylvania. He was accused of rioting after he accidentally gave an officer his middle finger.
Hackbert tried to stand parallel to a car when it stopped behind him. This prevented him from returning to his seat. Hackbert’s reaction was to turn the driver in front of him and take his place. Hackbert claimed he heard someone shout “Don’t turn this driver off!” Then he turned and pointed in the exact same direction.
Huckbart was actually shooting Pittsburgh Police Sgt. Brian Eledge who was driving in the other direction. Elledge Hackbart stopped for his disorderly behavior and turned around. District Court Judge Hackbart was convicted. However, Hackbert appealed and the conviction was overturned.
Hackbert sued Eledge, the city, and claimed that his First and Fourth Amendment rights had been violated by Eledge’s inappropriate reference to a protected expression. Hackbert claimed he was worried and stressed about the possibility of a prison sentence and the many flights needed to appear in court in Pennsylvania and Florida. He demanded compensation for lost wages, travel expenses and psychological stress.
Hackbert was accused of creating a danger by blocking traffic and forcing drivers to follow him into the oncoming lane to avoid him. Eledge admitted that he provided the link under subsection A3, but it had to be under A4. City officials claimed that they provided sufficient information regarding protected speech and appropriate responses to offensive words and gestures while training their officers.
On the first day of the trial, both parties agreed to pay $50,000.
May 8 Famous Birthdays
Year: 1983 Roberto Vitello, Italian footballer
Year: 1954 David Keith, American actor and director
Year: 1932 Julietta Campos, Cuban-Mexican author and translator (d. 2007)
Year: 1927 Henk van Olsen, Dutch actor and singer (d. 2009)
Year: 1930 Gary Snyder, American poet and educator