You are applying common sense in an area where the technical legality and limits of the law are very detailed and getting those details wrong will cost you a whole bunch of cash. I think the prior comment was strongly agreeing on the point that this would be a pretty silly lawsuit - but, much like SLAPP suits, baseless lawsuits that are bound to fail can still inflict a whole lot of pain on the receiver - and the Fraternal Order of Police (gosh they really need to update that name) has a gigantic war chest that can inflict a whole lot of pain.