Marietta woman files suit over profanity arrest - New York News

Marietta woman files suit over profanity arrest

Posted: Updated:
Amy Barnes says that she's filing a federal lawsuit against police after she was arrested for allegedly using profanity at officers. Amy Barnes says that she's filing a federal lawsuit against police after she was arrested for allegedly using profanity at officers.
MARIETTA, Ga. -

A Marietta woman says that she's filing a federal lawsuit against police after she was arrested for allegedly using profanity at officers. The woman says her First Amendment rights were violated by the arrest.

Amy Barnes, a member of the Occupy movement, says she flipped off police and cussed at them as she was on her bike on Austell Road near her Marietta home. Two Cobb Police officers had teenagers stopped outside a store as Barnes showed her displeasure from the moving bike.

Police followed and arrested her couple of blocks away.

"They told me I shouldn't be presenting a lewd gesture in front of children," said Barnes.

Police charged Barnes with disorderly conduct. She says she spent 23 hours in jail -- six in solitary confinement. The misdemeanor is still making its' way through the courts, but Barnes' attorney, Cynthia Counts, says police violated Barnes' constitutional rights.

"It's infringing speech; the government cannot just chase down a citizen and arrest them when they speak their mind," said Counts.

Cobb County Police had no comment on the pending lawsuit, but the spokesman did say that Barnes would not have been arrested had it been only the two police officers that heard and saw her vulgarities, adding that she was arrested because other people did too.

Barnes said case is an issue of Constitutional rights.

"I have a duty to ensure that, not just my rights, but everybody else's rights are honored under the First Amendment," said Barnes.

Counts says that  she expects the courts to drop the disorderly conduct charge against Barnes which she says will pave the way further for the federal lawsuit.

  • Local NewsLocal NewsMore>>

  • Officer struck in hit and run fighting for his life

    Officer struck in hit and run fighting for his life

    Saturday, April 19 2014 6:28 PM EDT2014-04-19 22:28:45 GMT
    Bergen County Police Officer Daniel Breslin is fighting for his life at New Jersey's Hackensack Hospital. Officials say Officer Breslin was hit from behind by another vehicle on Route 46 west in Lodi around 2am Saturday morning. Officer Breslin had stopped parallel to another officer's vehicle because that officer was having problems with his radio.Without warning, cops say a Ford Fusion then slammed into Officer Breslin's vehicle.
    Bergen County Police Officer Daniel Breslin is fighting for his life at New Jersey's Hackensack Hospital. Officials say Officer Breslin was hit from behind by another vehicle on Route 46 west in Lodi around 2am Saturday morning. Officer Breslin had stopped parallel to another officer's vehicle because that officer was having problems with his radio.Without warning, cops say a Ford Fusion then slammed into Officer Breslin's vehicle.
  • Protesters gather outside Liam Neeson's home

    Protesters gather outside Liam Neeson's home

    Saturday, April 19 2014 6:23 PM EDT2014-04-19 22:23:05 GMT
    The escalating debate over carriage horses in New York City has gotten personal. Dozens of protestors gathered outside actor Liam Neeson's Upper West Side condo on Saturday to take the issue right to his doorstep. Standing in a straight line outside the actors condo, demonstrators held signs criticizing Liam Neeson's position that city carriage horses should keep working.
    The escalating debate over carriage horses in New York City has gotten personal. Dozens of protestors gathered outside actor Liam Neeson's Upper West Side condo on Saturday to take the issue right to his doorstep. Standing in a straight line outside the actors condo, demonstrators held signs criticizing Liam Neeson's position that city carriage horses should keep working.
  • Woman killed in NYC home with 2 children there

    Woman killed in NYC home with 2 children there

    Saturday, April 19 2014 5:58 PM EDT2014-04-19 21:58:30 GMT
    A woman was shot and killed inside her Ozone Park home on Saturday while her two children were there. The woman was shot in the chest and died at her house on 101st Avenue and 104th Street. The NYPD says the shooting stemmed from a domestic dispute.
    A woman was shot and killed inside her Ozone Park home on Saturday while her two children were there. The woman was shot in the chest and died at her house on 101st Avenue and 104th Street. The NYPD says the shooting stemmed from a domestic dispute.
Powered by WorldNow
Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices