Judge throws out Delaware man’s lawsuit over middle finger traffic stop near university
Wilmington, DE — A federal judge has dismissed a lawsuit brought by a Bear, Delaware man who claimed a University of Delaware police officer violated his constitutional rights by pulling him over after he made a hand gesture out his car window.
Brenden W. Moore filed the pro se lawsuit in November, alleging that Officer Paul Bartelt II, of the University of Delaware Police Department, unlawfully stopped him on October 30 outside Newark city limits after he extended his arm from his vehicle and made a gesture—believed to be his middle finger—while driving.
Moore accused Bartelt of violating his First, Fourth, and Fourteenth Amendment rights, arguing the hand gesture was protected speech, and that the traffic stop amounted to an unreasonable seizure. He also challenged the local ordinance used to justify the stop, Newark Ordinance § 20-055, which prohibits any part of a person’s body from protruding beyond the limits of a vehicle. Moore argued the law was vague, overbroad, and unconstitutional.
In a memorandum opinion, U.S. District Judge Maryellen Noreika dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B), which allows courts to screen and dismiss frivolous or legally deficient claims in cases filed by plaintiffs who cannot afford to pay court fees.
The court found that Moore failed to present facts sufficient to support a plausible claim for relief. Although the complaint alleged Officer Bartelt acted aggressively during the stop, it acknowledged that the traffic stop was based on a facially valid municipal ordinance. The judge also concluded that Moore’s claim about the ordinance being unconstitutionally vague lacked legal merit under established First and Fourteenth Amendment standards.
Moore sought compensatory and punitive damages, as well as an injunction against future enforcement of the ordinance, but the court found no grounds to proceed with any of the claims. The ruling ends the case unless Moore files an amended complaint or appeals.
Key Points
- A Delaware man’s lawsuit over a traffic stop following a hand gesture was dismissed in federal court.
- The judge ruled the local ordinance justifying the stop was not unconstitutionally vague or overbroad.
- The court found the complaint failed to state a valid constitutional claim.
A federal judge shut down a motorist’s claim that giving the finger led to a civil rights violation.
