A.J. is an African American man who is walking his dog in a city that has an ordinance to make sure people clean up after their dogs. Of course, A.J. has never seen this ordinance enforced, so he doesn't pick up his dog's waste because he forgot a bag that night. A rookie patrolman observes his failure to clean up after his dog. A.J. walks around the corner to find a whole wall of freshly painted graffiti and spray paint cans on the ground. He picks one up to put it in the trash just as the patrolman is walking around the corner to give A.J. an ordinance violation ticket. A.J. is arrested for destruction of property and a municipal ordinance violation. He pleads with the patrolman and tries to tell him that he was just attempting to clean up the neighborhood. A.J. is ultimately sentenced
to the fine of $500 for the dog waste and community service hours until he removes all of the graffiti. A.J. is suing the rookie patrolman for defamation of character and racial profiling. He thinks that the patrolman assumed that he was the perpetrator of the graffiti because he is African American. What can a state court judge do for A.J. in his defamation case?
A. Throw the case out of court.
B. Reduce the sentence.
C. Nothing, this is a civil matter.
D. Get the officer to apologize.
Answer: C
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