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ACLU sues 2 Indy police officers over car sticker

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An Indiana woman intended her bumper sticker reading "unmarked police car" as a joke, but two police officers didn't think it was funny. Now, they're being sued in federal court for allegedly violating the woman's free speech rights, and officials aren't laughing.

The American Civil Liberties Union of Indiana filed the lawsuit last week on behalf of 56-year-old Pamela Konchinsky of Franklin. The complaint says Konchinsky was followed by two squad cars when she pulled into a parking garage near the mall where she works in downtown Indianapolis. The first car had its lights flashing. Konchinsky knew she hadn't violated any traffic laws.

The officers told her to remain in her minivan after asking for her license and registration, and then scolded her for the sticker taped in the rear window of her minivan.

One of the officers warned her during the June 17 incident that someone would think she was impersonating a police officer, and that someone might shoot at her, believing her to be an officer.

The bumper stickers proclaiming "unmarked police car" sell for $2.50 online. Konchinsky, the mother of one adult and one school-age child, works three jobs. She had received the sticker as a gift from a friend and taped it to the inside of her minivan's rear window about seven months ago.

"It's a joke — it's ironic," Kelly Eskew, an attorney with the American Civil Liberties Union of Indiana, told The Indianapolis Star. "It's like you or I wearing a T-shirt that says, 'Undercover cop.'"

But the officers took the issue seriously, and didn't allow Konchinsky to leave until she had removed the sticker from the window.

She didn't receive a citation, but the fuss made her late for work and her pay was docked as a result.

The lawsuit filed late last week claims the officers violated Konchinsky's First Amendment right to freedom of speech and her Fourth Amendment rights against unreasonable search and seizure.

Indianapolis corporation counsel Samantha DeWester said her office doesn't comment on pending litigation, but she did tell the Star that "We take every lawsuit against the city extremely seriously."

Indianapolis police spokesman Officer Chris Wilburn said police don't comment on pending litigation, either.

The complaint seeks to recover Konchinsky's lost wages and other costs, including legal fees.

"Ms. Konchinsky has not put the bumper sticker back on the minivan but wishes to do so as a humorous and ironic expression," the complaint reads.

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  • OK, Jose...
    Because a mini van with a bumper sticker taped to the inside rear window is a real threat to the community. I can see you saying that she would turn her van around and go in reverse really fast to catch up with perpetrators and instead of turning on her cherry's or wig wags, she'd instead point to the bumper sticker. Right?
  • inconsequential
    Maybe a bigger joke is how the ACLU picks its cases. Other than cases preventing Christians from exercising their religion, they mostly are about whining over trifling matters like this. Really, I don't disagree with the legal position, and will admit perhaps the cops erred, but ouch what a reply. Like hitting a fly with a sledgehammer. She didn't even get a ticket! Wow. Great topic for a lawsuit. NOT. ACLU has become a caricature of itself.
  • Cops
    I am with the Cops on this one. They could have been more subtle about the approach; but she (IMO) should not be able to have sign indicating she is police when she is not. just my opinion.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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