Police officer’s Facebook postings part of lawsuit against City of Bozeman

The City of Bozeman is in the news in con­nec­tion with Facebook again. This time, the city is being sued by Matthew White, who claims that Bozeman Police offi­cers vio­lated his civil rights when they came to his home on Feb. 14, 2009, look­ing for another man.

The law­suit names sev­eral police offi­cer defen­dants, includ­ing Cody Anderson, the offi­cer White says came into his home with­out knock­ing or iden­ti­fy­ing him­self. (Audio of White’s ini­tial inter­view with police, ~7 min.)

Police ended up arrest­ing White for obstruct­ing and resist­ing arrest. White’s law­suit claims that police vio­lated his civil and con­sti­tu­tional rights, were neg­li­gent, wrong­fully arrested him and caused him emo­tional dis­tress. Listen to the audio and read the Chronicle story for the details.

The facts of the arrest aside, there’s another kink in the story. The offi­cer, Anderson, has a Facebook pro­file. On the pro­file, Anderson appar­ently posted sev­eral para­graphs related to his job as a police offi­cer that com­plained about “stu­pid” peo­ple and boasted that Anderson liked “mess­ing with people.”

The Bozeman Daily Chronicle printed two para­graphs from Anderson’s pro­file, which the paper got from White’s lawsuit.

“I think there should be a law say­ing police can take peo­ple to jail for being stu­pid. Ask a cop a ques­tion like, ‘Don’t you have any­thing bet­ter to do?’ and you get a free ride in a cop car. If I had some­thing bet­ter to do, I would be off doing that, and not mess­ing with you. Speaking of mess­ing with peo­ple ... I like mess­ing with peo­ple. Just being in a patrol car look­ing at peo­ple while parked at a red light is fun. Make eye con­tact, squint your eyes like you know what they just did and watch them squirm and avoid all fur­ther eye con­tact. It makes my day fun.

“I’m always amazed at what peo­ple will tell a police offi­cer. I think peo­ple assume we are like priests and it is all in con­fi­dence. It’s not. We go back to the office and talk about every­thing we saw and heard. Then we laugh at peo­ple. Usually it is all on audio as well so we lis­ten to stu­pid things over and over. If we are lucky, it hap­pened in front of a patrol car with its cam­era on. Then we get to watch it over and over.”

On Monday, Anderson told the Chronicle that “any­body who knows me knows it was a joke” and that “taken out of con­text, it looks bad.” It cer­tainly does, espe­cially when you’re being sued for your behav­ior on the job.

My favorite part is that Anderson told the Chronicle that he thought his Facebook pro­file was only vis­i­ble to his friends and that “his com­ments were a joke intended only for them.”

The depart­ment told the news­pa­per that Anderson has been rep­ri­manded and that his post­ings do not reflect the way the depart­ment as a whole feels about the public.

I tried to find Anderson’s page. A search for “Cody Anderson” found three matches in the Bozeman net­work. Two of the matches had pro­tected their pro­files, but their friends lists were still view­able. One of the pro­files, which had a pro­file photo show­ing a slim, bald man in a suit, had a friends list that con­tained names I know to be con­nected to the Bozeman Police Department. This is prob­a­bly our guy.

Seems like he learned how to make his pro­file pri­vate after all — though I can’t rule out the pos­si­bil­ity that it’s been pri­vate this whole time and that White or his lawyers found some way around that. I can’t say for sure.

What I can say is this: It doesn’t mat­ter how White’s lawyers got a hold of the para­graphs from Anderson’s pro­file. They have them, and now they are even more pub­lic than they were before. Anderson was as stu­pid as the peo­ple he com­plains about in the rant if he thought that post­ing any­thing to the Web was com­pletely pro­tected or com­pletely private.

His posts show a lack of pro­fes­sional judge­ment, espe­cially since he’s a peace offi­cer. If he wants to com­plain about his job, he should not do it online — even on a closed net­work like Facebook.

Will the Facebook pages help White win his law­suit? Who knows. But it sure doesn’t make Anderson look good. That’s for sure.

I’m left with a cou­ple ques­tions at the end: Who thought to go search­ing for Anderson’s Facebook pro­file? Was it White, who looked up the offi­cer after the fact? Was it his lawyers dig­ging for dirt? Is check­ing Facebook going to be a com­mon part of fil­ing law­suits from now on?

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This entry was posted in Ethics, Social Networking and tagged , , , , , , . Bookmark the permalink. Both comments and trackbacks are currently closed.
  • friddy
    Thank heavens somebody was smart enough to expose this worthless cop. A lot of cops are good & protect the public, others, like this idiot, abuse that power & love intimidating people because they can. They may have a stressful job, but you don't take it out on the people you are hired to SERVE & PROTECT by "messing" with them at red lights & being arrested for asking a question, stupid or not. If you can't handle what your hired for, get a different job. Since Anderson doesn't have that badge to hide behind anymore maybe he should be the first to get locked up for being stupid. He gets an A+ for stupidity.
  • Travis_T
    You ask, "Is check­ing Facebook going to be a com­mon part of fil­ing law­suits from now on?" The answer is of course yes. And don't forget, they are also checking what you wrote on blogs, comments and what you posted on utube. These searches are also being made by the police, prosecutors, ex-spouses, enemies, friends, neighbors and some employers.
  • Joe Money
    This article raises some good points and asks tough questions. Why should a police officer feel the need to sensor his musings on the human condition? I know if I was talking to him at a barbecue or a house party, I would probably get the same story. If I were to turn up as a witness after hearing these same things at a party (which is what FB essentially is), it would be pretty smarmy.
  • Look at how much hot water the president found himself in after making one off-the-cuff remark about the police officer who arrested Henry L. Gates. Public figures may have the same rights to free speech that normal people do, but they have to show a little more caution in exercising their rights because -- on and off the clock -- the represent the agency they work for. That's the price for being a public figure.

    Now, whether it's worth the cost... I don't know.
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