California protesters win pepper spray lawsuit

Yahoo News/AP ^ | 04/29/05 | Justin M. Noton

[Sterm26]

SAN FRANCISCO - Law enforcement officers from two northern California counties were found liable Thursday for using excessive force by swabbing pepper spray in the eyes of logging protesters in 1997. A jury awarded eight plaintiffs $1 each.

It was the third trial in the case; the first two ended in deadlocked juries in 1998 and 2004.

The plaintiffs laughed and hugged outside the courtroom — and applauded when jurors left their chambers.

"They did the right thing," said Terri Slanetz, a 42-year-old naturalist from Oakland. "We've been trying all along to get a statement that this was illegal. It's a positive step toward people treating each other decently."

The protesters claim their civil rights were violated when Humboldt County sheriff's deputies and Eureka police officers swabbed pepper spray directly in their eyes during the 1997 protest.

The protesters argued the pepper spray was used to illegally punish and intimidate them for chaining themselves together and making it difficult for authorities to arrest them.

Attorneys said the verdict would prevent the use of pepper spray on nonviolent protesters.

"The plaintiffs were never in it for the money. They were in it for the principle," attorney Tony Serra said.

The defendants in the case were Humboldt County, the city of Eureka, retired county Sheriff Dennis Lewis and current Sheriff Gary Philp, who was chief deputy sheriff at the time of the protest.

"It's nice to have someone come in with some kind of resolution of the case," Philp said. "The nominal damages show that the jury thought no one got hurt."

The protests took place at the Eureka office of then-Rep. Frank Riggs, and at the Scotia headquarters of the Pacific Lumber Co.

[Sterm26]

Note the large award. That's not even enough to buy a good stick of deodorant.

[dirtboy]

A jury awarded eight plaintiffs $1 each.

That's the jury's way of saying that what law enforcement did may have been illegal, but the jury was glad it happened anyway.

[Spok]

"We've been trying all along to get a statement that this was illegal. It's a positive step toward people treating each other decently."

Does that mean the enviro-whacko's will quit spiking trees and starting fires?

[Sterm26]

I'd gladly pay a dollar to spray some of the dirtbag protesters we have around here.....

[dead]

I have no idea what the point of walking up to protestors and dabbing their eyes with pepper spray was. Sounds like the cops just had some pepper spray and didn't know what else to do with it.

I think they each deserved a dollar in compensation. In fact, I would have given them five dollars each, so they could each get a sandwich for their troubles.

[lunarville]

You get paid what you're worth...

[Rodney King]

I would have given them more than a dollar each. I would have ordered that the police departments pay for a nice bath and a haircut for each of them.

[dirtboy]

I think they each deserved a dollar in compensation. In fact, I would have given them five dollars each, so they could each get a sandwich for their troubles.

Hey, I've been around some of these enviro-whackos, and the smell from them made my eyes irritated and red and watery. Maybe I can win a free lunch, too.

[lunarville]

If pepper spray is out, can you still use mace and tear gas?

[lepton]

"They did the right thing," said Terri Slanetz, a 42-year-old naturalist from Oakland. "We've been trying all along to get a statement that this was illegal. It's a positive step toward people treating each other decently."

[...]

The protesters argued the pepper spray was used to illegally punish and intimidate them for chaining themselves together and making it difficult for authorities to arrest them.

Too bad they don't try to reconcile those two statements.

[muir_redwoods]

More fair would be to have the cops pay the dollar. And then have the cops eyes daubed with pepper spray. Fair is fair, the cops broke the law too.

[Darksheare]

I know a bad idea when I see one, and THAT is a bad idea..

*chuckle*

Think we could get sued for pinning them down and spraying them with deodorant?

[TXBSAFH]

Put me down for $20.

[TXBSAFH]

Put me down for $20.

[dfwgator]

I would have given them enough money for them all to buy one-way plane tickets to Havana.

[SkyDancer]

I don't see how someone would just sit still while pepper spray is daubed in their eyes with a Q-tip? I've seen the pictures of the so-call application. I did appear that the eyes were most likely being daubed with an antidote for the stinging produced by the spray. They were just sitting there with their heads raised as someone wearing surgical gloves (EMT?) was applying something to the eye.

[Sterm26]

I'll send them the $8 myself and give them (the cops) a pat on the back for their restraint.

[jtminton]

I may be wrong, but I think that if ANY money is awarded, the plaintiffs can sue for attorney's fees. If that's the case, it will still cost the cops $$.

[yarddog]

I despise these eco-trash nuts as much, in fact more than just about anyone, but if they were not fighting or forcefully resisting, then I would have awarded them maybe $100 each for actual damages, and a lot more for punitive.

Police do not have the right to torture non-violent protestors, and never should have that authority.

[tumblindice]

Mmmmmmmm, pepper-spray . . . .