SF Bay Area Indymedia indymedia
About Contact Subscribe Calendar Publish Print Donate

East Bay | Education & Student Activism | Indymedia | Police State and Prisons | Front Page

Mon Jul 9 2012 Lawsuit Settles with UC Regents Over 2009 Improper Arrest, Jailing, & Seizure of Photos
David Morse, a veteran independent journalist and long-time member of the San Francisco Bay Area Independent Media Center (Indybay) has settled his lawsuit over the University of California - Berkeley Police Department’s (UCBPD’s) improper arrest, imprisonment, and seizure of journalistic materials during a student demonstration he was covering as a journalist. In exchange for Mr. Morse’s agreement to dismiss the lawsuit, the University of California Regents have paid $162,500 and have agreed to modify UCBPD policies and procedures regarding acceptable means of seeking materials from a journalist or anyone possessing materials with an intent to disseminate to the public and have also agreed to conduct extensive training sessions for UCBPD officers regarding protections for journalists under federal and state law.

UCBPD officers arrested Mr. Morse while he was covering a demonstration on the UC-Berkeley campus on December 11, 2009. Mr. Morse was making news photographs of a march on the UC-Berkeley campus, in which some participants caused damage to the exterior of the Chancellor’s house and other property, when UCBPD officers arrived at the scene. Mr. Morse identified himself as a journalist, and offered to show the officers his press credentials. UCBPD officers instead immediately detained and then arrested Mr. Morse and seized his camera, telling Mr. Morse that they wanted his camera because they believed it contained evidence of a crime. Mr. Morse was charged with attempted arson of an inhabited structure, vandalism, participation in a riot, attempted burglary, threatening a university official, and two counts of assault with a deadly weapon against a police officer. His bail was set at $132,500.

As part of this settlement, the UC Regents agreed:
  • To revise and update its policies and procedures concerning protections for journalists mandated by the federal Privacy Protection Act (“PPA”), California Penal Code § 1524(g), and California Evidence Code § 1070, including:
    • Acknowledging that the PPA’s protections apply to both traditional media outlets and new technologies such as the internet, and protects individuals even if not associated with a media outlet;
    • Acknowledging that the PPA requires the use of a subpoena, rather than a search warrant, to obtain unpublished journalistic materials;
  • To mandate that all UCBPD officers – current and future – undergo training on the revised and updated policies and procedures regarding journalistic protections;
  • To pay a total of $162,500 to Mr. Morse and his attorneys.
pdfRead More | Californian Journalist Wins $162,500 Settlement For Unlawful Arrest | Previous Coverage: Indybay Reporter Files Federal Civil Rights Lawsuit Against UC Police | Indybay Reporter Succeeds in Quashing UCPD Search Warrant | Eight Arrested at UC Berkeley After Concert and March

10/23/14 EastWest Newspaper Warns of Development Coming in Oakland's Coliseum Area Specific Plan   Health, Housing, and Public Services | Global Justice and Anti-Capitalism | Government & Elections
10/22/14 Rojava Revolution & the Kurdish Resistance in Kobane Fighting Off Brutal Siege by ISIS   Anti-War | Global Justice and Anti-Capitalism | International | Iraq
10/21/14 SCPD Officers Beat and Tase Man Exhibiting Erratic Behavior Near Court House   Police State and Prisons | Santa Cruz Indymedia
10/15/14 Massive Pollution of Water Supply Shows Big Oil's Power in California   Environment & Forest Defense | Central Valley
10/15/14 UCSC Student Withdraws from University Citing UC's Connection to War Profiteering   Education & Student Activism | Santa Cruz Indymedia
10/14/14 Petition Initiated at UCSC Due to Inadequate Housing Also Opposes Upper Campus Expansion   Education & Student Activism | Santa Cruz Indymedia
10/07/14 Community Members Oppose Construction of New McDonald's in Downtown Watsonville   Health, Housing, and Public Services | Santa Cruz Indymedia
10/07/14 Legal Settlement Allows Park Service Marine Wilderness Restoration to Begin at Point Reyes   Environment & Forest Defense | North Bay / Marin
10/06/14 Pomo Leaders, AIM Elders and Environmental Activists Shut Down Caltrans Construction   Environment & Forest Defense | Racial Justice | North Coast | California
10/06/14 Movement to End Capital Punishment Growing   Police State and Prisons | Peninsula
10/05/14 Police Brutality Victims Demand San Francisco Giants Take Stand on Cultural Appropriation   Police State and Prisons | Racial Justice