I was not using the right words when saying the plaintiff was no saint, when what I meant was that he could have been more tactful in dealing with these cops. See the following excerpt from the complaint.
14. On or about September 6, 2012 at approximately 6:26 pm, Plaintiff’s vehicle was stopped by Defendant Robert Rodriquez for a cracked windshield.
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21. Defendant Rodriquez issued Plaintiff a written warning for the windshield violation.
22. Defendant Rodriquez told Plaintiff Eckert he was free to leave.
23. As Plaintiff walked away, Defendant Rodriquez continued to ask Plaintiff more questions.
24. Plaintiff asked Defendant Rodriquez if he was free to leave, which Defendant Rodriquez contends that he found rude.
25. Defendant Rodriquez told Plaintiff he suspected Plaintiff of having illegal drugs in his car and proceeded to interrogate Plaintiff on the matter.
26. Plaintiff refused to engage in Defendant Rodriquez’s “conversation.”
27. Defendant Rodriquez then seized Plaintiff’s vehicle without probable cause.
It appears to me that the cop was letting him go with a written warning, but was angered when the plaintiff said something. It does not mean that the cop had the right to do what he did of course.