A Kentucky man is suing his local police department, claiming officers violated his First Amendment right to free speech and his Fourth Amendment right, which protects against unreasonable searches by the government.
According to the lawsuit, on the night of June 8, 2024, Brandon Rettig was sitting on the balcony of his girlfriend’s apartment when Newport police officers responded to an unrelated incident. Rettig said he could see the officers’ activity from his location.
Rettig claims he made a statement directed at the officers. “I initially said, ‘Go get ‘em boys,’” Rettig told WCPO News.
One officer, Ronald Lalumandier, allegedly responded by warning Rettig that if he continued, he would be taken to jail. The officer also reportedly told Rettig he had keys to the private apartment complex.
The lawsuit states that the officers appeared to be agitated by Rettig’s comments and decided to enter the building using a key card that Lalumandier had retained from his previous tenancy at the same apartment complex.
Officers approached Rettig’s girlfriend’s apartment and eventually made contact with him in the hallway outside the unit. Police body camera footage captured the exchange.
“Here’s the thing, we know it was you,” Officer Lalumandier said to Rettig.
“No you don’t,” Rettig replied.
“Do you want to make a bet? I can find out real quick,” Lalumandier said.
“There’s no cameras in here,” Rettig said.
“I used to live here, I know there is,” Lalumandier responded. “I lived here for two years, I know there’s cameras here.”
The officers then asked Rettig how much he had to drink, with one officer stating he could smell alcohol.
Officer Lalumandier informed Rettig that he was under arrest and placed him in handcuffs. The officers claimed Rettig was arrested for public intoxication, citing that the hallway was open to the public.
Rettig’s lawsuit asserts that the apartment hallway is private property and that Lalumandier had no lawful right to access the building or to arrest Rettig within the private confines of the complex.
Rettig’s attorney, Robert Thompson, stated that his client did not commit any crime.
“Speaking from a balcony isn’t a crime,” Thompson told WCPO News. “Drinking a beer in your living room isn’t a crime. And just because a cop was offended by some language doesn’t give them the power to arrest you.”
Rettig is seeking a jury trial, along with compensatory damages, nominal damages, attorney fees, costs, and punitive damages.
It is unclear when the case will be tried.