Man Files Lawsuit Over Drunk Arrest

BOSTON — A man arrested at a friend's house when police broke up a New Year's Eve party has filed a lawsuit arguing that he had a constitutional right to get drunk on private property as long as he didn't cause a public disturbance.

Being from Mars, it amazes me that Americans actually think they are the freest nation on Earth. When you cannot even get drunk at a friend's house, you are not free.

"America, land of the free, home of the brave." That sentence is a classic example of humans just repeating what they are told without actually taking the time to think about whether its true or not.

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Article Author: Michael Davis

Michael Davis lives with in Iowa with his wife, son, Annie the Wonder Dog, and Ginny the Curious Cat. Michael's interests include books, poetry, writing, chess, astronomy, science in general, and the ocean, just to name a few. He has quite a collection of H.P. …

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Article comments

  • 1 - Martian Anthropologist

    Jul 11, 2005 at 9:50 pm

    It'd be great if a lot of people would link to that story or this post and/or pass it on in some way. (Actually, if you're really feeling generous, link to it at my blog here: http://martiananthropologist.blogspot.com/ )

    The police in this country need to remember that their motto is "To protect and to serve" the public. Not harass.

  • 2 - Celeste O.

    Jul 11, 2005 at 10:21 pm

    You're such a master of subtle hints, M.A.

  • 3 - Martian Anthropologist

    Jul 12, 2005 at 9:02 am

    You know, you're right; I didn't really say that very well. I'm not trying to generate traffic by that remark; what I meant was, let's not let this story die. I've been on the receiving end of this kind of police behavior. I wasn't bothering anyone, I was in a private place, but the police felt like arresting someone, and they arrested me simply because I'd had a couple of beers. So I know this news story isn't bullshit. It happens. So my point was, link to the story, link to the blog, whatever, but spread the word about this guy and his lawsuit.

  • 4 - Dr. Tristan, M.D.

    Jul 12, 2005 at 9:46 am

    there seems to be some merit to the theory that many of those suited up in blue with guns strapped on seem to have some major insecurity issues coupled with some strong anti-social psychopathic tendencies....

    should be more serious psychological screening for police applicants and some form of college requirement--not that these will weed out all the "sickies"---but it might be a good healthy START...

    and very obviously SOMETHING needs to be done.........


  • 5 - Gregg Guetschow

    Jul 12, 2005 at 2:11 pm

    Just to make sure the facts are straight here -- it appears that the man was not arrested but taken into protective custody. This is probably a subtle distinction if you are the one sitting in jail overnight. Nevertheless, it appears that the police were enforcing a state statute that was passed during an era when many jurisdictions were abandoning public drunkenness laws. What is at issue here is why the police applied on private property a statute intended to protect persons who might be a harm to themselves or others when in public. My guess, without hearing the police side of this, is that the officers made a mistake but were not acting maliciously. Having been on the losing end of a First Amendment lawsuit in which police judgment was called into question, I can understand how this happens, particularly in a situation in which they were called to the scene to break up a party that probably had gotten out of hand. Before passing too harsh a sentence on the officers who were involved, try placing yourself in their position of dealing with a group of unruly drunks and see how well you remember the nuances of the law.

  • 6 - Tan The Man

    Jul 12, 2005 at 2:16 pm

    It'll be interesting to see how this pans out...

  • 7 - Nancy

    Jul 12, 2005 at 3:01 pm

    A couple of the guys at my vfd have managed to get onto various local police forces, and in at least one case, I'm appalled: the subject is arrogant, hot-tempered, immature ... & now he's wearing a uniform, I think he sees himself mentally as the Ultimate Southern Bubba Cop. He's a disaster waiting to happen, unless he grows up very soon, very fast.

    On the other hand, I must admit that every time I've gotten a ticket, I deserved it, & the police have always been really really nice to me, but I'm a middle-aged/elderly white female w/glasses, & who gets nasty w/Auntie Bea?

  • 8 - RJ

    Jul 12, 2005 at 8:19 pm

    VFD?

  • 9 - DrPat

    Jul 12, 2005 at 8:44 pm

    VFD: Volunteer Fire Dept, right, Nancy?

  • 10 - KYS

    Jul 12, 2005 at 8:55 pm

    Similar to Nancy's experience, four former high school pals of mine became police-people.....each of them trouble-makers in our younger years. Having trouble with authority in youth, they have since become authority figures. Scary...

  • 11 - Martian Anthropologist

    Jul 12, 2005 at 10:41 pm

    Just to make sure the facts are straight here -- it appears that the man was not arrested but taken into protective custody. This is probably a subtle distinction if you are the one sitting in jail overnight.

    Yeah. I'd say. Whatever the cops want to CALL it, it's still being put in jail simply for drinking beer at a friend's house.

    Before passing too harsh a sentence on the officers who were involved, try placing yourself in their position of dealing with a group of unruly drunks and see how well you remember the nuances of the law.

    That's their damn job, to remember in those heated situations. If they can't stand the heat, and can't make better judgements, perhaps they should get a different job where they won't have to make such distinctions.

  • 12 - RJ

    Jul 12, 2005 at 10:44 pm

    Cops have a hard job (just like everyone else!), but they should be held accountable when the stresses of their job cause them to, oh, I dunno, violate the basic civil rights of another American.

    IMHO, of course...

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