Monday, November 21, 2011

42 US Code: Pepper Sprayers Can Be Sued

This includes police officers.  Specifically, the use of pepper spay by law enforcement against non-violent protestors has been found to be a violation of of the 4th amendment rights of the protesters in the case of Lundberg v. Humboldt, which is the controlling precedent in the 9th Circuit, which has jurisdiction over any cases brought against the police for their actions in Seattle and Oakland.
In its 2001 opinion regarding the Lundberg case,  the 9th Circuit held that non-violent protestors who did not present a threat to the safety of the public or to law enforcement officials, even though they had committed the misdemeanor offense of trespass, could sue the governmental authorities and law enforcement officials who had pepper sprayed them, reversing the trial court's decision to dismiss the case on the basis that the authorities had "limited immunity" to violate the civil rights of individuals engaged in non-violent civil disobedience.
The incidents that led to this decision occurred in 1997 and involved protests by environmental activists in which they occupied a logging company engaged in cutting down redwood trees in Northern California.  Several of the activists had use metal locking devices known as "black bears" to link themselves to one another thus making the local sheriffs employ a tool known as a "grinder" to cut them apart in order to arrest the activists.  Apparently, the Sheriff' Department s felt this was a lot of bother so they asked the county's risk manager and district attorney to determine if they could use pepper spray instead to force the activists to release themselves.  The County;s risk manager and the district attorney were only too happy to oblige:

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