In one of those court cases that makes you love America, a judge yesterday ruled that a Vietnam vet and retired airline pilot who was arrested for flipping the bird at a police officer can sue for malicious prosecution [PDF]. A lower court judge had previously found the arrest reasonable.

Referring to "a gesture of insult known for centuries" (with references to Aristophanes, no less) two judges ruled that the claim brought by John Swartz can move forward. So what happened? It is a good story!

Back in May 2006 John and his then fiance, now wife, Judy Mayton-Swartz were driving through the village of St. Johnsville on their way to Judy's son's home. At an intersection John, who was not driving, saw a local cop, Richard Insogna, using a radar gun. And then things got a bit nuts. Here's John's recounting of the story, from the court documents:

John expressed his displeasure at what the officer was doing by reaching his right arm outside the passenger side window and extending his middle finger over the car’s roof.

The Plaintiffs, who were not speeding or committing any other traffic violation, continued to the home of Judy’s son. Upon reaching their destination on Monroe Street, the Plaintiffs got out of the car and saw a police car with its lights flashing approaching from the corner of the street they were on, ultimately stopping behind Judy’s car.

When John walked to the trunk of the car, Insogna ordered him and Judy to get back in the car. John initially refused, telling Insogna that he had not been driving the car. Insogna again told John to get back in the car, stating that this was a traffic stop. Judy then urged John to reenter the car, and they both did so.

Insogna then asked to see Judy’s license and registration. John then told her not to show the officer anything, prompting Insogna to say, “Shut your mouth, your ass is in enough trouble.” Insogna then collected Judy’s license and registration, returned to his police car to check the documents, and called for backup. Three other officers soon appeared.

After Judy's papers were returned John asked to speak to Insogna "man to man" but as he started walking to the cop the backup officers quickly intervened. John apparently at this point said to himself in a low voice "I feel like an ass." A cop asked him to repeat himself. John did and then, apparently officer Kevin Collins said, "That does it, you're under arrest." It was later revealed at the local police station that John had been arrested for disorderly conduct

The cops, of course, say things went slightly differently. See, Officer Insogna says when he saw the middle finger raised at him he grew concerned that maybe something was wrong with the couple. "I thought that maybe there could be a problem in the car," he said. "I just wanted to assure the safety of the passengers," and "I was concerned for the female driver, if there was a domestic dispute."

According to the Times, Thomas Murphy, the lawyer representing the defendants in the case, explained that the middle finger simply "was not common for their community." Further, "This is St. Johnsville, New York. Not the Bronx. Not Manhattan. It’s a sleepy little town." And that is very much true. As Paul J. Browne, the chief spokesman for the New York Police Department, noted, if NYPD officers "locked up everyone who gave the middle-finger salute, traffic would grind to a halt."

Yesterday's ruling made no finding on the merits of John's claims of an illegal traffic stop, false arrest and malicious prosecution. It just allows the suit to move forward. And it allowed for a lengthy discussion of the middle finger in court official documents—did you know "Possibly the first recorded use of the gesture in the United States occurred in 1886 when a joint baseball team photograph of the Boston Beaneaters and the New York Giants showed a Boston pitcher giving the finger to the Giants."—which is always entertaining for the twelve-year-olds in all of us.