top
North Coast
North Coast
Indybay
Indybay
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature

PEPPER SPRAY Q-TIP SWABBING CASE HEADS TO COURT

by press release
Headwaters Forest Defense vs. County of Humboldt et al. Pepper spray plaintiffs represented by the civil rights legal team from the successful 2002 Earth First! (Judi Bari) vs. FBI and Oakland Police civil case.
holding_springs_head.gif
MEDIA ADVISORY
For immediate
release
August 18, 2004

PEPPER SPRAY Q-TIP SWABBING CASE HEADS TO COURT

Pre-trial Hearing: Tuesday August 24, San Francisco

Trial Starts September 7

Contact: Karen Pickett, Bay Area Coalition for Headwaters, 510-548-3113
Video images/FAQ available at http://www.nopepperspray.org

WHO:
Headwaters Forest Defense vs. County of Humboldt et al.
Pepper spray plaintiffs represented by the civil rights legal team
from the successful 2002 Earth First! (Judi Bari and Darryl Cherney)
vs. FBI and Oakland Police civil case.

Plaintiffs - The "Pepper Spray 8":
Spring Lundberg, Terri Compost, Mike McCurdy, Sam Neuwirth, Maya
Portugal, Lisa Sanderson-Fox, Jennifer Banka Schneider, and Noel
Tendick.

WHAT:
Pre-trial hearing to consider admissibility of trial evidence. The
trial, set to proceed September 7, will put the question to a jury
whether direct application to the eye by Q-tip of the chemical agent
pepper spray is excessive force when the recipients of the tactic are
immobile and passive.

WHERE:
Federal Building, 450 Golden Gate Ave., San Francisco, Calif.
Judge Susan Illston's court: 19th floor, room 10.

WHEN:
Tuesday, August 24, 3:30 pm. Plaintiffs and attorneys will be
available for media questions at the hearing. Trial starts September
7, same location.

WHY:
"Power concedes nothing without a demand." --Frederick Douglas,
Slavery Abolitionist

Background:
The public was shocked when footage of Humboldt County police forcing
pepper-spray soaked Q-tips into the eyes of young non-violent
activists was aired on national TV in 1997. The swabbing happened at
sit-in protests calling for the protection of the ancient redwoods of
Headwaters Forest in northern California. The American Civil
Liberties Union called the officers' actions "tantamount to torture."
The activists sued.

Although the incidents drew international outrage and condemnation,
state officials have codified the police tactic by incorporating
these practices into guidelines for dealing with civil disobedience
in California.

After a 1998 trial ended without a verdict, higher court victories
for the plaintiffs sent the case back to San Francisco, after
findings of bias on the part of the first judge had him removed from
the case. ###
Add Your Comments
Listed below are the latest comments about this post.
These comments are submitted anonymously by website visitors.
TITLE
AUTHOR
DATE
reposted, still thinks he was bias Federal ju
Mon, Sep 6, 2004 2:44AM
look for yourself
Mon, Sep 6, 2004 2:39AM
Dancing Fire Hedron
Fri, Sep 3, 2004 5:53PM
sf legal watcher
Fri, Aug 27, 2004 4:36PM
by any other name
Wed, Aug 25, 2004 11:58AM
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

$255.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network