The Corey Lambert lawsuit ended quietly. On December 17, 2025, a federal judge dismissed Lambert v. Engle et al, the civil rights case Lambert filed against two Martinsburg, West Virginia police officers and the city after he was arrested in 2023 for flipping off an officer.1CourtListener. Lambert v. Engle The docket and the timing point to a settlement, but no terms have been publicly disclosed.
How the Case Ended
The federal docket is short. Three entries: the complaint filed February 11, 2025, a proposed order filed December 16, 2025, and an order dismissing the case the next day.1CourtListener. Lambert v. Engle A proposed order followed immediately by dismissal is the pattern courts see when parties negotiate privately and jointly ask the judge to close the file. Neither the dismissal order’s contents nor any settlement figure has surfaced in the record available for review.
That is the whole public answer on the outcome. Lambert did not get a jury verdict, and the officers did not get a ruling on the merits. The case simply left the docket.
What Lambert Sued Over
Lambert filed suit on February 10, 2025, exactly two years after the arrest, in the U.S. District Court for the Northern District of West Virginia. The case number was 3:25-cv-00018, and it was assigned to District Judge Gina M. Groh.2Law360. Lambert v. Engle et al The named defendants were Officer Coby Engle, PFC Jose Boursiquot, and the City of Martinsburg.1CourtListener. Lambert v. Engle Lambert was represented by civil rights attorney John H. Bryan.3WV MetroNews. Attorney: Motorist Arrested After Flipping Martinsburg Police Officer Off Will File Lawsuit
The complaint brought claims under 42 U.S.C. § 1983, the federal statute allowing suits against government officials for constitutional violations. The First Amendment count alleged retaliation: the officers stopped and arrested Lambert because he made a constitutionally protected gesture.4The Civil Rights Lawyer. My Client Gave Cops the Middle Finger The Fourth Amendment counts alleged an unlawful seizure and an illegal search of his truck. The suit also alleged that Martinsburg maintained policies permitting officers to stop and arrest people in retaliation for protected speech.5Atlanta Black Star. Bodycam Footage Shows West Virginia Cops Arrest Man for Middle Finger
The 2023 Stop and Arrest
On February 10, 2023, Lambert was driving near the old Martinsburg Mall off Foxcroft Avenue when he passed a police cruiser and raised his middle finger at Officer Engle. Engle pulled him over and cited “improper hand display” as the basis for the stop.3WV MetroNews. Attorney: Motorist Arrested After Flipping Martinsburg Police Officer Off Will File Lawsuit6The Civil Rights Lawyer. Client Stopped for Giving Cops the Finger7MotorBiscuit. West Virginia Truck Driver Sues Over Wrongful Traffic Stop Arrest
Lambert was charged with improper hand and arm signals, two counts of obstructing police, and no proof of insurance. Bond was set at $1,211 cash-only. He spent four days and three nights in jail before posting it, and he lost his job as a commercial truck driver while incarcerated.7MotorBiscuit. West Virginia Truck Driver Sues Over Wrongful Traffic Stop Arrest
On February 13, 2023, the Martinsburg Municipal Court dismissed the improper hand and arm signals charge, the no-proof-of-insurance charge, and one count of obstructing police. The remaining obstruction count was dismissed after 90 days.8Atlanta Black Star. Corey Lambert Complaint Document None of the criminal charges resulted in a conviction.
The Middle Finger and the First Amendment
Federal appeals courts have squarely held that raising a middle finger at a police officer is protected expression. In Swartz v. Insogna (2013), the Second Circuit ruled that “such a gesture alone cannot establish probable cause to believe a disorderly conduct violation has occurred,” and denied the officers qualified immunity.9Justia. Swartz v. Insogna, 704 F.3d 105
In Cruise-Gulyas v. Minard (2019), the Sixth Circuit reached the same result on facts closer to Lambert’s. Judge Jeffrey Sutton wrote that rudeness and ingratitude “may violate the Golden Rule. But that doesn’t make them illegal or for that matter punishable or for that matter grounds for a seizure.” The court stated that any reasonable officer would know a raised middle finger is protected speech.10First Amendment Watch. Sixth Circuit: A Raised Middle Finger Is Free Speech
Martinsburg’s Response and Prior Litigation
After the 2023 arrest drew public attention, the City of Martinsburg said it would provide “additional refresher training” to all officers to ensure constitutional rights were upheld.3WV MetroNews. Attorney: Motorist Arrested After Flipping Martinsburg Police Officer Off Will File Lawsuit Whether the department disciplined Engle or Boursiquot has not been publicly reported.
The city has faced federal civil rights litigation before. In 2020, the Fourth Circuit denied qualified immunity to five Martinsburg officers who shot Wayne Jones, a homeless man with schizophrenia, 22 times during a 2013 encounter; Martinsburg later settled that case for $3.5 million without admitting guilt.11Herald-Mail Media. Court Rules Against Qualified Immunity for Martinsburg Officers in Fatal Shooting12DC News Now. Martinsburg Police Settle Lawsuit With Wayne Jones Family for 2013 Killing Lambert’s case, filed roughly five years later, closed without a public accounting of what, if anything, the city paid.