Thursday, October 6, 2011
rawstory.com
The American Civil Liberties Union of Pennsylvania filed the lawsuit (PDF) Thursday on behalf of Gilberton Borough Councilman Robert Wagner.
“My choice of language was unfortunate, arising from frustration due to the lack of response from law enforcement to my previous requests for assistance.” Wagner said.
“I was shocked by the arrest, and have endured humiliation and constant attack on my character. I am proceeding with this lawsuit to ensure that this never happens to me again or to anyone else in our small, quaint, coal-mining community.”
Wagner left a profanity-laced voicemail on Chief Kessler’s voicemail last summer in which he complained that several teenagers were loudly racing quads and dirt bikes in front of his house.
He also called Mayor Hannon and left a similar profanity-laced voicemail describing his frustration with the unruly teens in his neighborhood.
The following day, Chief Kessler arrested Wagner at his home on two counts of misdemeanor harassment and took him to Schuylkill County Prison, where he was processed and strip searched.
The charges against Wagner were later dismissed.
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I can just see it.
They have the guy in handcuffs, a bright light shining in his face.
"Tell us where you got the profanity."
"Tell us where you got the profanity and we'll take it easy on you."
"Won't talk huh?"
"Deputy, strip search this prisoner, I think he might still have some profanity on him."
"Well?" "Was there any profanity on him?"
"Just a couple of dangs and darns."
"Unfortunately dangs and darns aren't illegal in this state...yet!"
"Put your clothes on Mr. Wagner, you're free to go...for now.
