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Logging protesters win pepper spray case ---- Jury awards $1 each after third trial
San Francisco Chronicle ^ | April 29, 2005 | Stacy Finz

Posted on 04/29/2005 7:43:10 PM PDT by kingattax

After eight years and three trials, a group of protesters whose eyes were swabbed with pepper spray during a series of anti-logging demonstrations finally won their case Thursday against Humboldt County sheriff's deputies and Eureka police -- but were awarded only $1 each in damages.

A federal jury deliberated for about 12 hours starting Tuesday before returning its verdict, finding that law enforcement had used excessive force while trying to break up three different protests in the fall of 1997, including one at then-Rep. Frank Riggs' Eureka office and another at the Scotia headquarters of the Pacific Lumber Co.

It was the third time the civil case has gone to trial in U.S. District Court in San Francisco. The first two trials -- one in 1998 and the other in 2004 -- ended in deadlocked juries.

This time, Attorney Dennis Cunningham asked the jurors to award Spring Lundberg, who was 17 at the time of the protests, and the other seven plaintiffs in the case between $10,000 and $100,000 for pain and suffering. Despite the jury's paltry award, he said his clients feel vindicated.

"It was never about the money," Cunningham said. "It was always about the principle."

(Excerpt) Read more at sfgate.com ...


TOPICS: News/Current Events
KEYWORDS: brownshirts; environment; justice; lawsuit; loggingprotestors; pacificlumber; pepperspray; ruling
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If an anti-logging protestor gets pepper-sprayed and falls down in the woods, do they make a sound ?
1 posted on 04/29/2005 7:43:11 PM PDT by kingattax
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To: kingattax

As long as we have a value established, police department can now budget for this expense.


2 posted on 04/29/2005 7:46:09 PM PDT by SmithL (Proud Submariner)
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To: kingattax
If an anti-logging protestor gets pepper-sprayed and falls down in the woods, do they make a sound ?

Yes, ka-chink!

3 posted on 04/29/2005 7:47:15 PM PDT by starfish923 (Iohannas Paulus II, Requiescat in Pacem)
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To: kingattax
"It was never about the money," Cunningham said. "It was always about the principle."

After three trials and innumerable hearings, this poor bastard is crying in his beer because 70% of a $1 award really sucks from the vapiric blood-sucking trial attorney perspective.

4 posted on 04/29/2005 7:49:14 PM PDT by No Longer Free State (Standing in the way of progress is not a party platform)
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To: kingattax

Message from the jury: "You were right, and we don't care."


5 posted on 04/29/2005 7:53:22 PM PDT by Socratic (Ignorant and free? It's not to be. - T. Jefferson (paraphrase))
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To: No Longer Free State; Congressman Billybob

I don't know, but the federal judge can also award attorney fees which will run into the millions?


6 posted on 04/29/2005 7:54:07 PM PDT by investigateworld ( God bless Poland for giving the world JP II & a Protestant bump for his Sainthood!)
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To: Socratic
Here ya go, don't spend it all in one place....


7 posted on 04/29/2005 8:01:32 PM PDT by kingattax
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To: kingattax

That's one helluva lawyer. He really earned his fee.


8 posted on 04/29/2005 8:05:02 PM PDT by REDWOOD99
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To: kingattax

Only ONE DOLLAR? I would give each one a dollar just to have the privelege of spraying each one in the eyes with some DAVE'S INSANITY SAUCE!


9 posted on 04/29/2005 8:17:12 PM PDT by Ruy Dias de Bivar
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To: kingattax
"It was never about the money," Cunningham said

Riiiiiiiight, if that's your story you stick to it. lol

10 posted on 04/29/2005 8:18:49 PM PDT by SouthernFreebird
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To: kingattax
although the protesters did not suffer long-term injuries from the pepper spray, it was a "profound experience that will stay with them for the rest of their lives."

Let's hope so.

11 posted on 04/29/2005 8:21:13 PM PDT by knuthom
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To: knuthom
although the protesters did not suffer long-term injuries from the pepper spray, it was a "profound experience that will stay with them for the rest of their lives."

Good! It's called a life-lesson. Everybody gets them. They're what keep us from putting our hands on the fireplace glass a second time, they're what remind us to drive slower in the snow, they're what keep most of us from dumping on other people.

Good for the jury - they will never work again (as jurors).

12 posted on 04/29/2005 8:30:08 PM PDT by Sgt_Schultze
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To: kingattax

Hey! I would pay $1 to pepper spray a protester! This sounds like great fun!


13 posted on 04/29/2005 8:30:10 PM PDT by Syntyr
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To: kingattax

If an anti-logging protestor gets pepper-sprayed and falls down in the woods, do they make a sound?

I would ask "If an anti-logging protestor gets pepper-sprayed and falls down in the woods, does anyone care?


14 posted on 04/29/2005 8:34:18 PM PDT by Tomalama
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To: kingattax

The dim witted protesters are too stupid to see that with an award of one dollar each to the the pepper sprayees, the jury was giving them the finger as they so rightfully deserve. Had the Jury merely found the Pepper sprayers not guilty, they would have had no way to express their contempt for the sprayees.


15 posted on 04/29/2005 8:42:44 PM PDT by F.J. Mitchell ( Nuke the energy crisis-conserve the sun,wind and tides, for future generations.)
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To: kingattax

Definite improper use of pepper spray. But the reward is justified. All the officers deserve is a reprimand. The hippies were breaking the law. They deserve one dollar and not a cent more.


16 posted on 04/29/2005 8:47:14 PM PDT by Killborn (Cardnal Joseph Ratzinger --> Pope Benedict XVI: God bless and keep him. May he reign in greatness.)
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To: Syntyr
Hey! I would pay $1 to pepper spray a protester! This sounds like great fun!

Yes, yes it does, I may have been tempted to spray em myself... They were breaking the law and deserved to be arrested. I think there would have been no lawsuit at all except that they used the pepper spray inappropriately. If they'd of just blasted em in the face with it instead of actually rubbing it in there eyes. I like how Homer Simpson while chained to a tree cut it down by running around the tree to avoid the police and the spinning of the chain cut it down. :)

17 posted on 04/29/2005 8:48:17 PM PDT by CMOTB (-------- Warning Humor May Be Found In Some Messages --------)
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To: F.J. Mitchell
Yeah, it's like leaving a penny tip for a bad waitress. Much more insulting than leaving nothing.
18 posted on 04/29/2005 8:50:55 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: Tomalama
I would ask "If an anti-logging protestor gets pepper-sprayed and falls down in the woods, does anyone care?

Or... "If an anti-logging protester gets pepper-sprayed and falls down in the woods, they will be low enough to the ground that the loggers can then cut down the tree"

19 posted on 04/29/2005 8:55:32 PM PDT by CMOTB (-------- Warning Humor May Be Found In Some Messages --------)
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To: FreedomCalls

Exactly.


20 posted on 04/29/2005 9:01:13 PM PDT by F.J. Mitchell ( Nuke the energy crisis-conserve the sun,wind and tides, for future generations.)
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