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December 28, 2018

N.Y. Giants fans sue over right to tell team: 'You f***ing suck'

Lawsuits NFL
Eli Manning Giants Vincent Carchietta/USA TODAY Sports

New York Giants quarterback Eli Manning (10) passes the ball against the Washington Redskins during the second half at MetLife Stadium on December 31, 2017.

The New York Giants have not given their fans a whole lot to cheer about over the past two seasons. Now two disgruntled fans have a filed a lawsuit over their freedom to do the opposite.

Brothers Kyle and Patrick Flynn, both Giants fans, are suing Santa Clara police after they allegedly were kicked out of a 2017 game against the 49ers at Levi Stadium, according to the San Jose Mercury News.

The Flynns claim that their First Amendment rights were violated when police at the stadium told them to stop heckling Giants players. They also allege that officers used excessive force when they were eventually ejected from the game.

The Nov. 12 incident, a 31-21 loss to the 49ers, so disappointed the the Flynns that they reportedly flipped off Giants players and shouted, "You f***ing suck," from their seats near the field.

A Santa Clara police officer's initial request that the Flynns tone it down was honored, but the brothers were later kicked out when their heckling resumed.

In the lawsuit, Kyle Flynn claims he was forcibly removed from his seat, choked by police officers and placed in a full body restraint for 30-40 minutes. Patrick Flynn alleges another officer struck his hand with a baton to remove it from a railing. He eventually fell about 10 feet onto the field, where he claims he was tased and kneed in the face, according to the lawsuit.

A third person who intervened on behalf of the brothers, Lauren Alcarez, was also arrested. .

A charge of resisting arrest against Flynn was later dropped by the Santa Clara County District Attorney's Office.

The brothers and Alcarez claim they suffered "physical and mental pain, shock and distress" as a result of the officers' actions.

Giants fans may consider a class-action lawsuit alleging the same against the team.

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