(CBS/AP) LOUISVILLE, Ky. - Calling a police officer a "fat slob" is not an offense that can usually get someone charged, a federal appeals court has ruled in allowing a lawsuit over an arrest to go forward.
The U.S. 6th Circuit Court of Appeals in Cincinnati on Thursday sent Kevin Kennedy's lawsuit against Villa Hills police officer and building inspector Joseph Schutzman back to district court so claims of wrongful arrest and First Amendment violations could go forward.
Kennedy sued Schutzman and the city of Villa Hills in 2007, shortly after charges of disturbing the peace were dismissed.
Schutzman arrested Kennedy in May 2005 during a dispute over permits to expand a strip mall.
During the dispute, Judge Karen Nelson Moore wrote, Kennedy likely raised his voice and called Schutzman a "fat slob."