The photographer can sue and might win a settlement. Unfortunately, the settlement gets paid by taxpayers rather than directly by the person responsible.
I had something vaguely similar happen but the officer drove away after 5 minutes of me arguing that it's not illegal to take photos of a bridge while standing on a sidewalk. I pursued the issue with internal affairs and got a commitment they would review training.
---------- Post added 01-12-15 at 06:26 PM ----------
Originally posted by sergysergy I never take pictures or film anything police related to avoid situations like this. Nevertheless police in this video seems to be more worried about the video than the actual accident
I am aware of that intimidation factor. I evaluated the ramifications of being arrested after my sidewalk incident, and decided that it's worth arrest if it might help preserve rights for everyone. I don't get in people's faces, but cops are no more and no less a street photography subject than anyone else.