Police Proselytizing Makes The System Stink Worse

Apr. 11, 2016 (Mimesis Law) — Indiana State Police Trooper Brian Hamilton may have had nothing but the best of intentions for Wendy Pyle’s soul when he invited her to attend his church. Doing so during a traffic stop in Pyle’s driveway while on the job, however, was a terrible decision. It cost Hamilton his job, sparked a federal lawsuit, and created a scenario with nothing but disastrous consequences, should this matter be pushed further.

Pyle’s federal complaint, filed last week, alleges Hamilton violated her First and Fourth Amendment rights during a January traffic stop. According to the case filed in the Southern District of Indiana, then-Trooper Hamilton, in an unmarked State Police vehicle, stopped Pyle for speeding as she pulled into the driveway of her residence. Hamilton indicated Pyle would receive a warning ticket and returned to his vehicle. On return with a citation, Hamilton inquired as to whether Pyle was “saved,” and if so, which church she attended. Pyle’s claim states she asserted her church-going status just to bring the traffic stop to an end.

Hamilton didn’t find that answer good enough, and he returned with directions to his church and an invitation for Pyle to attend. Pyle, not satisfied with the outcome of the stop, filed a formal complaint with the Indiana State Police, with assurances she’d get “no backlash” in doing so. However, a short time later someone from Hamilton’s church allegedly approached Pyle and told her that Trooper Pyle had placed her name on a prayer list.

Pyle filed suit against Trooper Hamilton on Tuesday, April 5. By April 8, Hamilton lost his job with the Indiana State Police. The very next day, the Reverend Brian Hamilton took to the streets to save some souls, since he wouldn’t be saving citizens from criminals in the near future.

Surrounded by praying supporters, Hamilton, who was fired on Thursday, said his responsibility as a Christian superseded those of his job, ABC6 reports. “I always said after I got saved, I work for the state, but ultimately I’m a soldier for Jesus Christ,” Hamilton said, as supporter said “Amen” in the background. “And God has used that job for the last three years… and that was to spread the word and tell people when they’re hurting, the truth.” He then said that while he believes the United States is a great country, “it’s on its way down.” “We just came out here to street preach, and hopefully we’ll see souls saved today,” he said. “And I’ll be honored to glorify the Lord Jesus Christ.” When the ABC6 reporter pointed out that his faith cost him his job, Hamilton responded, “It cost Christ everything,” and added “God’s law” is above “man’s law.”

Those in charge of Hamilton’s termination don’t see this as a case of “faith-based firing.” Hamilton’s conversion to Christianity three years earlier made him a bit of a liability. His eagerness to save souls forced the Indiana State Police to settle a prior case where a stop ended with religious literature accompanying a citation. It was simply time to let Hamilton pursue his new-found calling, and State Police Superintendent Doug Carter acknowledged this in a statement.

While all of us—citizen and police officer—enjoy the right to freedom of religion and freedom of speech, there are appropriate and proper restrictions placed on agents of the State related to their actions while engaged in their official duties. While I respect Mr. Hamilton’s religious views I am also charged to respect every citizen’s rights and the best way forward for the citizens of Indiana, and for Mr. Hamilton, was to end his employment as a state police officer. Making the decision to end a person’s career is not a decision I make without considerable thought. I truly wish Brian the best in his future and the ability to follow his heart.

The only people who don’t seem to think this matter resolved are Wendy Pyle and her attorneys, since this suit still stands. Hamilton has shrugged and moved on to a new career as a preacher. The Indiana State Police will continue doing their jobs. This is a situation handled to the best of its ability, and now the proper choice of action would be for Pyle to drop her suit in an attempt to “forgive and forget.” Even though she’s probably got a semblance of a cause, continuing to make Hamilton’s proselytizing a federal case just makes the entire system stink even worse. Was Hamilton acting under color of federal law when he invited her to church? If it’s during a traffic stop and while wearing a uniform then, there’s a good chance a court would say yes. Did the additional questioning and attempt to get Pyle to Hamilton’s specific church unreasonably prolong the traffic stop? It’s hard to say it didn’t, given Hamilton’s car position and questions made Pyle allegedly feel as though she weren’t free to leave after receiving her warning.

Solely targeting Hamilton in the suit and bringing it under 42 U.S.C. § 1983 to get it in federal court isn’t the greatest idea either. He’s unemployed, so Pyle’s chances of recovering “damages,” either compensatory or punitive, from the good preacher don’t look so hot even in the face of a favorable verdict. It’d be a wild guess as to whether a jurist would assess attorney fees. He would, of course, be indemnified by his employer, since he was acting in the course of his employment as a trooper, so it’s highly unlikely anything will come out of Hamilton’s pocket, even if there is anything in there.

But then, what are the damages? A few minutes of time? A little annoyance? It’s not right, but it’s not like Hamilton beat her, either. De minimis no curat lex, and this emits the unpleasant odor of a trifle. It seems as if a non-denominational Starbucks gift card would cover it.

Then there’s keeping Hamilton’s name in the press, but that would only push biased headlines claiming persecution over his faith, and that benefits no one. It adds to click-bait fodder and gives another news head a talking point about how this constitutes another “shot” in a “war” that doesn’t put snowflakes on coffee cups.

I mention this story because it’s terrible, and sometimes we need to acknowledge the system can royally stink through unintended consequences. Accountability is important, and the appropriate pound of flesh has been extracted from Brian Hamilton. He’s no longer working as a police officer, and he’s comfortable with that. Continuing to press the issue when it’s just as easy to “turn the other cheek” arguably may backfire on Pyle in ways she’s not considered, including potential sanctions assessed on her if a judge is so inclined.

Hamilton is more comfortable preaching than policing, and is ready to accept the consequences for his actions. The ideal course would be to acknowledge that, forgive, and forget the federal case. There’s no need in making a legal system that already stinks smell just a little worse if it can be avoided. And future “soldiers for Christ” would do us all a great service by following the sage advice of noted legal scholar George Carlin: “Keep it to yourself.”

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