Damages sought against officials who denied gadfly's rights

BRATTLEBORO, Vt. --A long-running legal battle waged by a man who was kicked off the Rutland courthouse grounds for posting a sign on his truck critical of a judge enters a new phase next week.

Scott Huminski, 46, formerly of Bennington, sued two judges, the court clerk, the sheriff and the sheriff's department, charging that they violated his First Amendment rights in the May 1999 incident.

Various court decisions and a settlement with the state in which Huminski got $200,000 have narrowed the case so the only remaining defendants are former Rutland County Sheriff R.J. Elrick and the county sheriff's department.

Huminski, who has variously described himself as a "court reporter" and "defender of justice," contended that Judge Nancy Corsones wronged him in a Bennington County criminal case. When she was later holding court in Rutland, Huminski parked his truck in the court parking lot with a sign saying, "Judge Corsones: Butcher of the Constitution."

Court officials later said they feared Huminski might commit violence -- he didn't -- when they ordered him removed from the courthouse grounds and later issued an order saying he was to stay away from all of Vermont's courthouses.

The 2nd U.S. Circuit Court of Appeals said Corsones and Judge Patricia Zimmerman, who were both involved in the no-trespass orders against Huminski, violated his First Amendment rights. But it ruled the judges were not liable for damages.

The state's $200,000 settlement with Huminski removed Rutland court manager Karen Predom as a defendant.

Robert Corn-Revere, a Washington-based First Amendment lawyer who is representing Huminski, said, "Now that the court has determined that the defendants in the case violated Scott Huminski's First Amendment rights, the remaining portion of the trial is to determine what is the appropriate remedy."

"We're seeking a permanent injunction against the enforcement of the unconstitutional trespass notice and we're seeking monetary compensation," Corn-Revere said Wednesday.

He would not say how much in damages Huminski is seeking.

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Information from: Rutland Herald, http://www.rutlandherald.com/