Back in 2014 we reported on the antics of Indiana State Police trooper Brian Hamilton, inset, who sparked a lawsuit when he gave Ellen Bogan a dose of Jesus when he stopped her for a traffic violation.
In January, he used his authority again to get all preachy with another driver, Wendy Pyle – and sparked another lawsuit.
This was all too much for his bosses, and this week Hamilton – a 14-year veteran – was fired for neglect of duty and insubordination.
Indiana State Police Superintendent Doug Carter said 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.
So what did the deranged faith-head do when he pulled Pyle up?
According to her lawsuit, he told her that she had been speeding, went back to his patrol car and returned with a warning ticket.
Then Hamilton asked Pyle where she attended church – and whether she had been “saved”.
The complaint for damages said:
Ms. Pyle was extremely uncomfortable with these questions. In order to hopefully end these inquiries Ms. Pyle indicated that she did attend a church and that she was saved.
But Hamilton kept going. He invited Pyle to his church and gave her directions. Later:
Ms Pyle was approached by someone who attended church with Trooper Hamilton who informed her that Trooper Hamilton had placed her on a prayer list.
Ms. Pyle believes that everyone has a First Amendment right to believe and worship as they wish. However, she found it very intimidating to be blocked in by Trooper Hamilton while he asked her extremely personal and inappropriate questions.
Pyle, who filed a formal complaint after the alleged incident, is claiming Hamilton’s actions violated her First and Fourth Amendment rights. She has requested a jury trial and is seeking compensatory and punitive damages, court documents indicate.
After Bogan was stopped by Hamilton in 2014 she said:
I’m not affiliated with any church. I don’t go to church. I felt compelled to say I did, just because I had a state trooper standing at the passenger-side window. It was just weird.
When she was stopped, the trooper handed her a warning ticket. Then, Bogan said, Hamilton – with the lights on his marked police car still flashing – posed some personal questions.
• Did she have a home church?
• Did she accept Jesus Christ as her saviour?
Bogan was then handed a religious pamphlet from the First Baptist Church in Cambridge City.
The pamphlet advertised a radio broadcast from “Trooper Dan Jones” called “Policing for Jesus Ministries”. It also outlines “God’s plan for salvation,” a four-point list that advises the reader to “realise you’re a sinner” and “realise the Lord Jesus Christ paid the penalty for your sins.”
After that incident, Jennifer Drobac, a professor at the Indiana University Robert H McKinney School of Law in Indianapolis who has studied religion and government said:
The most important thing for people to understand is that the First Amendment specifies that the government shall not prefer one religion over another religion, or religious adherence over anything else.
The police officer is representing the government … so that means, as a representative, this person, while on duty, while engaged in official action, is basically overstepping and is trying to establish religion.
Micah Clark, Executive Director of the American Family Association of Indiana, said that although the traffic stop might not have been the best time to quiz someone about faith, he questioned whether a police officer should lose his right to free speech because he was wearing a badge.
I have people pass out religious material all the time. Mormons come to my door all the time, and it doesn’t offend me. [This case] might not be the most persuasive time to talk to someone about their faith, but I don’t think that a police officer is prohibited from doing something like that.