California legal precedent against the use of pepper spray upon the non-violent.

[Fire Walk With Me]

http://caselaw.findlaw.com/us-9th-circuit/1332957.html

HEADWATERS FOREST DEFENSE v. COUNTY OF HUMBOLDT

Nine environmental activists and an environmental group brought this action, under 42 U.S.C. § 1983, against the County of Humboldt, the Humboldt County Sheriff's Department, Eureka City and its police department, and several individual officers, alleging that the officers' use of pepper spray on the activists' eyes and faces during three peaceful protests constituted an excessive use of force in violation of their Fourth Amendment rights.   We previously issued an opinion, which is reported at 240 F.3d 1185 (9th Cir.2001), in which we reversed the district court's decision to grant summary judgment on qualified immunity grounds to Humboldt County Sheriff Dennis Lewis (“Lewis”) and Chief Deputy Sheriff Gary Philip (“Philip”), the defendants who initially authorized the use of the pepper spray on the nonviolent protestors. We also reversed the district court's decision to enter judgment in favor of Humboldt County, the City of Eureka, and their respective police departments following trial and a hung jury.


Viewing the facts in the light most favorable to the protestors, we conclude that Philip and Lewis are not entitled to qualified immunity because the use of pepper spray on the protestors' eyes and faces was plainly in excess of the force necessary under the circumstances, and no reasonable officer could have concluded otherwise.

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Thank you Anonymous for this juicy tidbit. UC Davis pepper-sprayer...

[aquart]

1. Pepper spray down the throat till they coughed blood?

There better not be a place on this earth where that is legal and acceptable.

[PufPuf23]

8. The legal system in Humboldt county is incestuous and corrupt. nt

[Danascot]

2. Great find, thanks

In our gut we know it was wrong. Now we know it is against the law.

[Danascot]

3. More good info on pepper spray & California law

http://www.shouselaw.com/pepperspray.html

[starroute]

4. Oh, of course -- the Earth First! case

http://www.earthfirstjournal.org/article.php?id=232

On April 28, a California jury unanimously found the direct application of pepper spray to protesters’ eyes with Q-tips to be excessive force in violation of their constitutional rights (see EF!J November-December 2004). One juror said that the jury helped to set a precedent that “nonviolent people should not have violence used against them.”

When asked if Humboldt County deputies would resume using pepper spray on nonviolent protesters, Sheriff Gary Philp acknowledged the defeat, saying, “We’re not going to do a practice that is just going to put us back in court.”

As one of the Pepper Spray 8, the plaintiffs in this case, I am grateful for this positive outcome. It was a long, hard haul. We went through three federal jury trials and appeals to the Ninth Circuit and Supreme Courts. In the end, each of us was awarded one dollar for the violation of our rights. The county and city insurance companies will hopefully compensate our pro bono lawyers for their costs and fees. . . .

A line had been crossed. Pepper spray was not being used for self-defense as designed, but in a controlled, non-threatening situation. It was being used to punish protesters, so that they would remain in pain whether or not they complied with the officers.

[Luminous Animal]

5. This case is the first thing I thought of when I saw the UC Davis footage & photo...

The cops, in the Humboldt case, used Q-Tips to apply pepper spray directly into the activists eyes.



More info here.

http://nopepperspray.org/

It took nearly 10 years for these activists to realize justice.

[lib_wit_it]

15. Jeezuz, WTF. Were these sociopaths punished or just told "Don't do it again, please."?!

[Fire Walk With Me]

6. Little KICK

[PufPuf23]

7. Here is a link to the website devoted to the Humboldt county case.

http://nopepperspray.org/

[truedelphi]

9. Were you able to catch Colbert and his pepper spray demo the

Other night?

He told the audience he would be demonstrating what the pepper spraying is like by using an eight year old boy.

I'll see if I can find the link.

Very funny and far more harm done to Colbert than the child (Of course!)

[PufPuf23]

10. I seldom watch JS or Colbert except for links here at DU.

Back in the 90s, I did some consulting work for the Feds in Alaska.

We had to adhere to a safety plan that had field crews accompanied by an armed guard in designated brown bear areas and had to be armed or carry pepper spray in black bear areas. We only pepper sprayed each other for goofs. Our unofficial plan was to peppper spray the slowest in our group and run like hell. Somewhere in my shed I still have a near full case of pepper spray.

[Tx4obama]

16. Here ya go ....

Found this link.

The 8 year boy part starts at the :37 second mark

http://www.youtube.com/watch?v=3EAIzkqtKAk

[EFerrari]

11. Anyone see Jerry Brown lately?

[Eyerish]

12. K&R

[Kaleko]

13. Kick to high heaven.

Makes my blood boil to read about the precedent case.

Should stir up a hornets nest of irate lawyers to act on behalf of OWS.
That swarm is gonna hurt these cops, but we need to help make this info go viral.

We are anonymous. You, me, millions of us. And we have had enough .

[FogerRox]

14. Clear violation of 4th amendment rights Pike will be sued.

KNR

[PETRUS]

17. I had forgotten about that.

[Fire Walk With Me]

18. Kick for truth.

[Fire Walk With Me]

19. Kicky-kick.