Ky. man sues police, says they arrested him for shouting at them from balcony

6 hrs ago

Lauren Taylor Anchor/Reporter

By Lauren Taylor (Anchor/Reporter), Ian Kennedy (Video Editor)

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.

Tags: Kentucky, Lawsuit, Police, Police officers, Police violence

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 OUTSIDE ON A BALCONY OF HIS GIRLFRIEND’S APARTMENT.

NEWPORT POLICE OFFICERS WERE RESPONDING TO AN UNRELATED INCIDENT AND RETTIG COULD SEE THE COPS’ ACTIVITY.

RETTIG SAYS HE MADE A STATEMENT DIRECTED AT THE OFFICERS. “I INITIALLY SAID, ‘GO GET EM BOYS,’” RETTIG TOLD WCPO NEWS.

ONE OFFICER, DEFENDANT RONALD LALUMANDIER, ALLEGEDLY RESPONDED SAYING IF RETTIG KEPT IT UP, HE WOULD TAKE HIM TO JAIL AND ALSO TOLD RETTIG HE HAD KEYS TO THE PRIVATE APARTMENT COMPLEX.

THE LAWSUIT STATES THE OFFICERS APPEARED TO BE AGITATED BY RETTIG’S COMMENTS AND DECIDED TO ENTER THE BUILDING – USING A KEY CARD OFFICER LALUMANDIER HAD KEPT FROM WHEN HE WAS A PREVIOUS TENANT AT THE SAME APARTMENT COMPLEX.

OFFICERS APPROACHED RETTIG’S GIRLFRIEND’S APARTMENT AND EVENTUALLY MADE CONTACT WITH RETTIG IN THE HALLWAY OUTSIDE THE APARTMENT.

POLICE BODY CAM FOOTAGE SHOWS 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,” OFFICER LALUMANDIER SAID.

“THERE’S NO CAMERAS IN HERE,” RETTIG ARGUED.

“I USE TO LIVE HERE I KNOW THERE IS,” OFFICER LALUMANDIER SAID. “I LIVED HERE FOR TWO YEARS, I KNOW THERE’S CAMERAS HERE.”

THE OFFICERS ASKED RETTIG HOW MUCH HE HAD TO DRINK WITH ONE OFFICER STATING HE COULD SMELL ALCOHOL.

OFFICER LALUMANDIER STATED RETTIG WAS UNDER ARREST AND PLACED RETTIG IN HANDCUFFS.

OFFICERS SAID RETTIG WAS UNDER ARREST FOR PUBLIC INTOXICATION, CLAIMING ON THE CITATION THAT THE HALLWAY WAS OPEN TO THE PUBLIC.

RETTIG’S LAWSUIT ASSERTS THAT THE APARTMENT HALLWAY IS PRIVATE PROPERTY AND OFFICER LALUMANDIER (LA-LU-MAN-DEE-AIR) HAD NO LAWFUL RIGHT TO ACCESS THE BUILDING OR TO ARREST RETTIG WITHIN THE PRIVATE CONFINES OF THE COMPLEX.

RETTIG’S ATTORNEY, ROBERT THOMPSON, SAID HIS CLIENT DID NOT COMMIT ANY CRIME.

“SPEAKING FROM A BALCONY ISN’T A CRIME. 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,” THOMPSON TOLD WCPO NEWS.

RETTIG IS SEEKING A JURY TRIAL ALONG WITH COMPENSATORY DAMAGES, NOMINAL DAMAGES, ATTORNEY FEES, COSTS, AND PUNITIVE DAMAGES.

IT’S UNKNOWN WHEN THE CASE WILL BE TRIED.