Nevermind that federal lawsuit Baton Bob filed against the City of Atlanta, alleging police violated his rights and caused him mental anguish when they arrested him in a wedding dress. The tututastic street performer dismissed his own legal filing.
But the lawsuit won't be gone for long.
Baton Bob, legally known as Bob Jamerson, sued the city in June, a year after he was stopped by Colony Square security guards and later arrested by Atlanta police. In the 50-page filing, he accused police of violating his constitutional rights, coercing a statement, and causing him physical pain and mental anguish. He asked for a jury trial, monetary damages and the scrubbing of his arrest on two misdemeanor charges.
The lawsuit, like Baton Bob, was over-the-top, comparing his arrest to the police raid of the Atlanta Eagle in 2009. But on Sept. 29, he voluntarily dismissed the suit with no explanation.
His attorney, Joshua Brownlee, said Tuesday that the dismissal is a strategic move to allow more time to investigate the June 2013 arrest, interview people involved and review internal police documents about the arrest that they recently received from Atlanta police.
"We want to be able to have the time to investigate without the timeline," Brownlee said.
He expects to refile the lawsuit within three months.
A spokesperson for Atlanta police could not be reached for comment on Tuesday.
The June 2013 arrest added to the colorful, often derogatory, comments Baton Bob has delivered in gay Atlanta. When confronted by security guards before the arrest, he unleashed a stream of profanities and threatened them by yelling, "I'll fuck you up." The arresting officer accused Baton Bob of kicking him, so he responded by saying he would have "sucked your dick" and not kneed him in the groin. There was also his misogynist Facebook rant, that time he slurred Latinos on Cinco de Mayo and later threatened to sue Project Q over reports about his rants. He did, though, manage to make it through Atlanta Pride last year without incident.