A federal judge says a man who flipped his middle finger at a Pittsburgh police officer shouldn't have been cited for disorderly conduct.

David Hackbart of Pittsburgh made the gesture at another driver in April 2006, then made the gesture again when he heard someone yelling at him — realizing only later the second person was a police officer.

The American Civil Liberties Union sued on Hackbart's behalf saying the gesture is protected speech and U.S. District Judge David Cercone agreed in a 19-page decision filed Monday.

Still to be determined at an upcoming trial is whether city police were improperly trained. The ACLU claims city police have filed 188 citations for similar offenses in 2005, 2006 and 2007. A trial date is pending.

The man who was ousted as dean of Duquesne University law school in Pittsburgh will take over as head of a Texas law school on Aug. 1.Sixty-year-old Don Guter says he's heading to the South Texas College of Law in Houston. The school was founded in 1923 and is not affiliated with any college or university. Its enrollment is about 1,200.Gutter has said he was forced to resign in December because of a personality dispute with Duquesne President Charles Dougherty. But the school says Gutter didn't meet unspecified expectations since he was named dean in 2005.Guter's ouster had prompted protests from Duquesne students and alumni in the Western Pennsylvania legal community.

The president of Carnegie Mellon University says the Pittsburgh school is in solid shape despite losing $49 million worth of endowment funds in an alleged fraud.University President Jared Cohon spoke Monday to a group of mostly university employees. He says Carnegie Mellon will "take every legal means" it can to recover the money caught up in the Westridge Capital Management scandal. The university is already suing Westridge.About 6 percent of CMU's operating budget comes from its endowment.