Of course the dumbest lawsuit of the year come from foul mouthed NY Giants fans | Bob's Blitz

Of course the dumbest lawsuit of the year come from foul mouthed NY Giants fans

Giants 'supporters' and brothers Kyle and Patrick Flynn filed suit last week in San Jose claiming cops used excessive force against them with Kyle Flynn charging he was pushed over a railing and stunned with a Taser. The two Giants fans have alleged that their First Amendment rights were violated at a 2017 game at Levi Stadium after police at the San Francisco 49ers’ home park busted them for cursing at and flipping off players, according to the San Jose Mercury News.

The suit states that the incident occurred on Nov. 12, 2017, at a game between Big Blue and the Niners, won by San Francisco, 31-21. The Flynns, who were seated close to the field, reportedly shouted “You f–king suck” and flipped off members of the Giants, who were losing the game.

They reportedly complied with an order from a Santa Clara police officer named Nicholas Cusimano to cease yelling profanities, but the Flynns were ejected after repeating those offenses later in the game. The suit claims, straight faced, they were not warned “further similar behavior would lead to ejection or arrest.”

According to the lawsuit, Kyle Flynn had to be forcibly removed from his seat, alleging he was grabbed and choked by officers and was “left in [a] restraint device” known as a WRAP “for at least 30 to 40 minutes.”

Wait for it -- Patrick Flynn protested his brother’s arrest and kneeled at the railing.

Patrick Flynn also alleged that an officer hit his left hand with a baton to remove it from a railing and that he later fell approximately 10 feet to the field, where he allegedly was tased. A third person, Lauren Alcarez, also was detained by police during the incident.

The suit claims the officers acted out of anger over the brothers’ “exercise of their protected First Amendment rights.”

“Patrick Flynn’s and Kyle Flynn’s comments and gestures directed towards the New York Giants players, as well as Patrick Flynn’s decision to ‘take a knee,’ were protected First Amendment expression,” the suit says.

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