Kia and Michael Gaymon have filed a lawsuit against three Collingdale, Pa., police officers and the borough of Collingdale over a bizarre confrontation.
The incident happened on Feb. 22 when Michael's mother visited the couple, but parked her car on part of the next-door neighbor’s curb, noted NBC Philadelphia (video below).
The unidentified neighbor called the police who arrived and allegedly acted in an “aggressive and accusatory manner,” according to the Gaymons' lawsuit.
The Gaymons claim that one police officer was within inches of Michael's face while yelling at him. That's when Kia started filming the incident with her cell phone as she stood outside her front door.
On the video, another police officer demanded that Kia stop filming.
“He told me that if I continued to video he was going to come in my house and confiscate my phone and place me under arrest,” Kia told NBC Philadelphia.
The Gaymons' daughter Sanshuray Purnell, 21, told the officer that it was legal to film him, but he allegedly handcuffed her and threatened to use his Taser, according to the lawsuit, reports the Delaware County Daily Times.
Kia also claims that the police officer held his Taser against her chest.
The Gaymons' lawsuit says that the second and third police officers put Kia and Sanshuray. The mother and daughter were taken to the Collingdale Police Station and cited for disorderly conduct.
“The actions that are described in the citation are for videoing the officer,” the Gaymons' lawyer Jonathan Fienberg told NBC Philadelphia. “It’s not a crime.”
The charges were dismissed by a judge on May 22.
The U.S. Justice Department stated in a letter back in 2012 that citizens have the right to film police officers, an opinion that has been shared by several courts, noted Wired.
In the case of Riley v. California earlier this year, the U.S. Supreme Court unanimously ruled that the warrantless search and seizure of a cell phone by law enforcement is unconstitutional, noted the U.S. Supreme Court Blog.