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California protesters win pepper spray lawsuit
Yahoo News/AP ^ | 04/29/05 | Justin M. Noton

Posted on 04/29/2005 1:47:41 PM PDT by 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.


TOPICS: Culture/Society; Government; Miscellaneous; News/Current Events
KEYWORDS: lawsuit; pepperspray; protester
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To: Sterm26

IOW do not swab, use a large hose to spray with intense force.


41 posted on 04/29/2005 4:06:10 PM PDT by longtermmemmory (VOTE!)
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To: dead
Attorneys said the verdict would prevent the use of pepper spray on nonviolent protesters.

Not too many years ago LAPD used a technique of intentionally BREAKING ARMS of anti-abortion protesters peacfully blocking the doors to an abortion "clinic". It pretty much ended the non-violent protests in the L.A. area.

Wonder if LAPD will do that again -- and if not . . .

42 posted on 04/29/2005 4:37:01 PM PDT by BenLurkin (O beautiful for patriot dream - that sees beyond the years)
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To: Alia
"You have no idea what happened in Frank Riggs' office that day."

You weren't there either dude. The jury heard the case and they found the police at fault. Those are the facts that matter.

43 posted on 04/29/2005 6:21:38 PM PDT by muir_redwoods (Free Sirhan Sirhan, after all, the bastard who killed Mary Jo Kopeckne is walking around free)
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To: yarddog; muir_redwoods
To both: I was shocked at the facts NOT presented in the article. No, I wasn't in the room that day; I know people who were; and the bay area was plastered with the accounts via newspaper and newsies, at the time. These protestors were not peaceful. Their very behavior boded "violence". Just prior to this "protest" a few loggers had been badly hurt by not only rigged trees, but open shots. The police had cause to be on alert. The protestors did an effective "taunt". "I'm getting in your face and you can't do anything about it!".

But yes, the facts "that mattered" were only that some protestors who stormed an office of a Rep, screaming, chaining themselves, got subdued, and the police are found "at fault".

Yarddog - thanks for handling my and disgust (over the lack of facts) so gently.

Frank Riggs was just the kind of Republican many in this forum are hoping to see more of. Straight ahead guy, called 'em as he saw 'em.

44 posted on 04/30/2005 4:57:54 AM PDT by Alia
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To: Sterm26

Next time the cops should use the old stand-by of a couple of tube socks & a bar of soap . Then they can claim they were only trying to improve the standard of hygiene amongst the cretin's


45 posted on 04/30/2005 7:01:15 AM PDT by Nebr FAL owner (.308 reach out & thump someone .50 cal.Browning Machine gun reach out & crush someone)
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