Lawsuit: Cop Preaches Christianity During Traffic Stop, Hands Woman ‘Policing for Jesus Ministries’ Pamphlet
Ellen Bogan of Huntington says Indiana State Police Trooper Brian Hamilton preached Christianity to her when he pulled her over for an alleged traffic violation in Union County in August.
Bogan says the trooper handed her a warning ticket, then he began to ask some personal questions.
“It’s completely out of line and it just — it took me back,” 60-year-old Bogan told The Indianapolis Star.
Bogan and the American Civil Liberties Union filed a lawsuit in federal court against Hamilton.
According to the lawsuit, the officer violated Bogan’s First and Fourth Amendment rights when he questioned her religious background and handed her a church pamphlet that asks the reader “to acknowledge that she is a sinner.”
“The most important thing for people to understand is that the First Amendment specifies that the government shall not prefer one religion over another religion, or religious adherence over anything else,”Jennifer Drobac, a professor at the Indiana University Robert H. McKinney School of Law in Indianapolis said.
“The police officer is representing the government … so that means, as a representative, this person, while on duty, while engaged in official action, is basically overstepping and is trying to establish religion.”
Bogan said Hamilton asked her about her faith multiple times during the traffic stop. She felt because he was a trooper and his police car was still parked behind hers, she could not leave or refuse questioning.
“The whole time, his lights were on,” Bogan said. “I had no reason to believe I could just pull away at that point, even though I had my warning.”
According to the complaint, Hamilton asked if he could give Bogan something and he went to his car to retrieve a pamphlet from First Baptist Church in Cambridge City.
The pamphlet advertises a radio broadcast from “Trooper Dan Jones” called “Policing for Jesus Ministries.” It also outlines “God’s plan for salvation,” a four-point list that advises the reader to “realize you’re a sinner” and “realize the Lord Jesus Christ paid the penalty for your sins.”
“I’m not affiliated with any church. I don’t go to church,” Bogan said. “I felt compelled to say I did just because I had a state trooper standing at the passenger-side window. It was just weird,” she said.
When Bogan contacted the Indiana State Police afterward and requested a formal investigation, she was told later that the agency was “taking supervisory action.”
The Indy Star reports that Micah Clark, executive director of the American Family Association of Indiana, said that even though the traffic stop might not have been the best time to question someone about faith, he wondered whether a police officer should lose his right to free speech because he is wearing a badge.
“I have people pass out religious material all the time. Mormons come to my door all the time, and it doesn’t offend me,” Clark said. “(This case) might not be the most persuasive time to talk to someone about their faith, but I don’t think that a police officer is prohibited from doing something like that.”
But Drobac said that while the officer has his own First Amendment rights, constitutional requirements that church and state be kept separate prevent him from sharing those beliefs on the job.
“I don’t think that’s appropriate,” Drobac said. “When you’re in your police blues, you do have the authority of the state. That’s why police officers wear uniforms — to indicate their authority and their position.”
Daniel O. Conkle, a law professor at Indiana University at Bloomington who studies law and religion, said the law becomes somewhat nebulous in instances like the radio program, which notes that Trooper Dan Jones is a trooper but his radio show is produced while he is off duty.
“You’re getting into a much fuzzier area,” Conkle said. “The question would be, for purposes of the establishment clause: ‘Is the speech of the police officer on the radio program effectively speech of the government?’ ”
“And sometimes, that can give rise to some pretty difficult questions and some pretty difficult line drawing,” he said.
While to some this lawsuit may not seem like an issue, imagine if the officer began preaching about Allah. The outrage would be deafening.
H/T: The incomparable @CarlaAkins with thanks.
Copyright 2014 Liberaland
By: Anomaly100
120 responses to Lawsuit: Cop Preaches Christianity During Traffic Stop, Hands Woman ‘Policing for Jesus Ministries’ Pamphlet
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Jim Floyd October 6th, 2014 at 11:37
Let the Be-headings begin.
Jim Floyd October 6th, 2014 at 11:37
Let the Be-headings begin.
grammy97 October 6th, 2014 at 11:39
What’s the difference between a man with a gun, and a man with a sword? -0-
Glen October 6th, 2014 at 11:56
The ability to kill from a distance?
Larry Schmitt October 6th, 2014 at 13:52
Learn how to throw.
grammy97 October 6th, 2014 at 11:39
What’s the difference between a man with a gun, and a man with a sword? -0-
Glen October 6th, 2014 at 11:56
The ability to kill from a distance?
Larry Schmitt October 6th, 2014 at 13:52
Learn how to throw.
Glen October 6th, 2014 at 11:56
“I have people pass out religious material all the time. Mormons come to my door all the time, and it doesn’t offend me,” Clark said. “(This case) might not be the most persuasive time to talk to someone about their faith, but I don’t think that a police officer is prohibited from doing something like that.”
Somebody should point out to this guy that a person isn’t allowed to just pull away from a policeman, and that freedom of speech doesn’t mean that you can force others to listen. The issue here isn’t so much the “speaking for the government” angle, but the “using government-given powers to force the person to listen” angle. If the guy doesn’t understand, then perhaps demonstrate by tying the guy to a chair, lecturing him about freedom from religion, and when he complains about being held against his will and being forced to listen, point out the equivalence.
Skydog2 October 6th, 2014 at 12:48
While he’s wearing his uniform he’s speaking for the Govt.
Jane Smith October 6th, 2014 at 21:02
When he is on Duty, he is an Agent of the Government. There is no such thing as as a “Grey Area” when it comes to an On Duty Government Worker.
Its Federal Law.
Glen October 6th, 2014 at 11:56
“I have people pass out religious material all the time. Mormons come to my door all the time, and it doesn’t offend me,” Clark said. “(This case) might not be the most persuasive time to talk to someone about their faith, but I don’t think that a police officer is prohibited from doing something like that.”
Somebody should point out to this guy that a person isn’t allowed to just pull away from a policeman, and that freedom of speech doesn’t mean that you can force others to listen. The issue here isn’t so much the “speaking for the government” angle, but the “using government-given powers to force the person to listen” angle. If the guy doesn’t understand, then perhaps demonstrate by tying the guy to a chair, lecturing him about freedom from religion, and when he complains about being held against his will and being forced to listen, point out the equivalence.
Skydog2 October 6th, 2014 at 12:48
While he’s wearing his uniform he’s speaking for the Govt.
Jane Smith October 6th, 2014 at 21:02
When he is on Duty, he is an Agent of the Government. There is no such thing as as a “Grey Area” when it comes to an On Duty Government Worker.
Its Federal Law.
tiredoftea October 6th, 2014 at 12:10
Religious proselytizing at the end of a gun. What could possibly go wrong? Oh, wait, we’ve already seen this movie, and it doesn’t end well.
tiredoftea October 6th, 2014 at 12:10
Religious proselytizing at the end of a gun. What could possibly go wrong? Oh, wait, we’ve already seen this movie, and it doesn’t end well.
fancypants October 6th, 2014 at 12:16
While to some this lawsuit may not seem like an issue, imagine if the officer began preaching about Allah. The outrage would be deafening.
—————————————————————————————
He wears a uniform with an American flag on the sleeve then preaches about allah ?
Now that’s a traffic stop I want to experience !
Larry Schmitt October 6th, 2014 at 14:01
Fox wouldn’t be able to shut up about it.
Larry Schmitt October 6th, 2014 at 17:33
This story isn’t on fox, I just looked.
fancypants October 6th, 2014 at 12:16
While to some this lawsuit may not seem like an issue, imagine if the officer began preaching about Allah. The outrage would be deafening.
—————————————————————————————
He wears a uniform with an American flag on the sleeve then preaches about allah ?
Now that’s a traffic stop I want to experience !
Larry Schmitt October 6th, 2014 at 14:01
Fox wouldn’t be able to shut up about it.
Larry Schmitt October 6th, 2014 at 17:33
This story isn’t on fox, I just looked.
Budda October 6th, 2014 at 14:02
The officer was way off base with this. If he wasn’t in uniform, flashing lights, handing out a warning summons etc. I’d be tempted to tell him him to shove his bible-thumping up his ..
Sue his butt back into the stone age where he belongs.
Budda October 6th, 2014 at 14:02
The officer was way off base with this. If he wasn’t in uniform, flashing lights, handing out a warning summons etc. I’d be tempted to tell him him to shove his bible-thumping up his ..
Sue his butt back into the stone age where he belongs.
Ignatius Myosurus October 6th, 2014 at 15:43
It’s obviously completely inappropriate. if it was me though, all I would want would be for the man’s superiors to tell him “That’s unacceptable. Don’t do it again.” The behavior of a single employee does not necessarily reflect something systemic in the whole department. So I would probably not bother with a lawsuit, unless I thought it was officially condoned.
whatthe46 October 6th, 2014 at 20:51
what?
Ignatius Myosurus October 6th, 2014 at 15:43
It’s obviously completely inappropriate. if it was me though, all I would want would be for the man’s superiors to tell him “That’s unacceptable. Don’t do it again.” The behavior of a single employee does not necessarily reflect something systemic in the whole department. So I would probably not bother with a lawsuit, unless I thought it was officially condoned.
whatthe46 October 6th, 2014 at 20:51
what?
Willie Wilson Jr October 6th, 2014 at 15:51
That officer was wrong. State and religion are separate
Dwendt44 October 6th, 2014 at 17:05
Wellllll they are supposed to be, but there are those right wing nut jobs that are working to make this a theocracy.
Willie Wilson Jr October 6th, 2014 at 15:51
That officer was wrong. State and religion are separate
Dwendt44 October 6th, 2014 at 17:05
Wellllll they are supposed to be, but there are those right wing nut jobs that are working to make this a theocracy.
Bode Gibbs October 6th, 2014 at 17:01
There is nothing fuzzy about it. Using a uniform to enforce belief in a religion is fascism.
Bode Gibbs October 6th, 2014 at 17:01
There is nothing fuzzy about it. Using a uniform to enforce belief in a religion is fascism.
Andrew W. Challand October 6th, 2014 at 17:11
Well, at least he didn’t beat her up, threaten to shoot her. She should consider herself lucky.
Andrew Kuryla October 6th, 2014 at 17:11
Well, at least he didn’t beat her up, threaten to shoot her. She should consider herself lucky.
Christopher Alan Shaner October 7th, 2014 at 01:46
You got to remember she was old and white. So right away she has a very good chance already not to get beaten. This guy is already unstable. He wants strangers to believe they are sinners. That’s just insane. I bet he would have lost his shit if he ran into a Jew that wasn’t going to take the troopers form of religion over his own goofy traditions.