Police in Buffalo, New York, arrested and cited R. Anthony Rupp in 2016 after he swore at an officer and nearly struck two pedestrians. Now, after an already extensive legal battle, a federal appeals court has denied the officers immunity, paving the way for successful lawsuits against them.
On December 1, 2016, Rupp and his wife were leaving a restaurant around 8:30 p.m. when they noticed a car driven by Buffalo Police Officer Todd McAlister “approaching quickly” a crosswalk without headlights or running lights. McAlister stopped just before hitting the two pedestrians, according to legal documents.
After seeing McAlister almost hit the two women, Rupp shouted, “Turn on the lights, you asshole.” At the time, Rupp said he did not realize the car was a police cruiser. According to the complaint, McAlister turned his car around to approach Rupp and his wife and told them that if Rupp yelled at him, he could be arrested. Rupp countered that McAlister should not be driving without headlights.
McAlister got out of the car and told Rupp he was in custody. McAlister asked Rupp for identification, and Rupp produced his attorney identification card. Two more Buffalo police officers arrived on the scene as the two men began arguing about the incident. One of the officers eventually handed Rupp a citation for violating a local noise ordinance, and the entire group left. Rupp later complained about the interaction and the citation against him was eventually dismissed.
Rupp decided to file a lawsuit in 2017, claiming the officers violated his First and Fourth Amendment rights. But in 2021, a federal court ruled that Rupp's cries were not First Amendment-protected criticism of police and dismissed the case, granting the officers qualified immunity protection.
Rupp appealed the ruling, and the U.S. Court of Appeals for the Second Circuit ultimately agreed, overturning the lower court's ruling and reopening the case. The circuit court ruled that the lower court erred in determining that “Rupp’s yelling did not involve a public safety issue entitled to First Amendment protection” and that the officer was not entitled to qualified immunity protections. It was ruled that there was none.
But Judge Amalya Lyle Kearse wrote in the court's opinion that “mere errors in the performance of official duties cannot strip a police officer of his immunity.” “The doctrine does not protect conduct that (a) violates clearly established law or (b) is manifestly incompetent.” Kearse added that no reasonable police officer would believe that Rupp's comments “constituted an unreasonable intrusion into his own comfort and relaxation.”