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Cowboy Hat Lawsuit


Lincoln County pays citizen $10,500 settlement for Constitutional Rights violations.


Cowboy Hat

Lincoln County, NM: (Feb-28-08) Tony Seno brought a lawsuit against Lincoln County, alleging that his first Amendment rights were violated when he was asked to remove his cowboy hat while speaking at the podium to an elected board. The lawsuit stemmed from an incident connected to two commission meetings in May 2005, when Seno refused to remove his cowboy hat while speaking at the podium. Former commission chairman Rick Simpson ordered Seno to be removed at the second meeting. The suit, filed in August 2005, originally sought $2 million. He asked for a preliminary and permanent injunction, for $750,000 in compensatory damages and $1.2 million in punitive damages. Simpson was named as defendant in his official capacity and personally. Seno accused county officials of violating his right to free speech, of intentional infliction of emotional distress, of false arrest or seizure, and of violating his equal protection under the law.

As part of a settlement reached, county officials confirmed that the parties had agreed to resolve the dispute after the county paid $10,500 to Seno. After accepting the county's settlement, Seno said the important concept established was that the average citizen has the protection of the Constitution, no matter how much money he has or the position he holds. [RUIDOSO NEWS: FREE SPEECH RIGHTS]


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