A New York man arrested after he gave the finger to a police officer can sue police for malicious prosecution, a federal appeals court ruled Thursday, overturning a lower-court decision that deemed the officer's response reasonable.But the appeals court deemed his conclusion unreasonable. "Indeed, such a gesture alone cannot establish probable cause to believe a disorderly conduct violation has occurred," court documents read.
http://usnews.nbcnews.com/_news/2013...warrant-arrest
Not the OP's district but it is at least a federal court. Unless the OP's district has controlling case law contrasting with this, this is likely to be held as supporting in the OP's district as well.

