Verdict:
This matter appeared before the court on the 3rd of June 2025, around 3 PM ET. It started around 3:30. Arguments from the Defense were made well and in this capacity the Court found in-favor of the Plaintiff.
Utilizing the Qualified Immunity 2-prong test, with testimony from Deputy Snowe, and the report untouched basically since the original date, we found that Qualified Immunity for Dep. Snowe was not breached. We did find, however that BCSO was liable for the further training and consideration of charges of Mr. James Apeller and Mr. Rusty Thompson as it took a supervisor (who remain unnamed) to drop the charges at Bench Trial for this to be resolved.
Unfortunately, however, damages brought forth and claimed in-court were heavily ignored and unsubstantiated by any evidence, sans the testimony of "It was $1,000" for a tow, where we did not receive any confirmation on who proceeded to have any other vehicle towed. All compensatory damages were declined.
This court does not find that the 1st Amendment rights were violated in any capacity. This court urges counselors to consider exceptions for use of the 1st Amendment especially with the use of harassment. We are interpreters of the law, and it is a criminal charge, and there was Probable Cause to the arrest.
There was not a technical violation of the Plaintiff's 4th Amendment rights as the detention was necessary until the release of captivity due to the nature of the bench trial.
As such, This Court finds BCSO liable for nominal damages of $7,500 for each plaintiff, totaling $15,000 to be paid out by the BCSO in two weeks or less.
SO ORDERED.
Hon. Judge M. Sparks - apparent American Judge who listens to Canadian Law
