Round Two Begins in the Tree-sitter Lawsuit Against Pacific Lumber

Eureka, CA - Following a judge’s orders, seven tree-sitters filed amended cross-complaints Tuesday to bolster their allegations that climbers hired to eject them were acting under “color of law” when they forcibly removed activists from old-growth redwoods targeted for logging by Maxxam/Pacific Lumber (PL).

The seven tree-sitters, who were yanked from their perches above the logging-impaired Freshwater Creek in 2003 are pressing counter-suits to the lawsuit filed against them by PL that alleges trespass and conspiracy. The tree-sitters allege assault, battery, infliction of emotional distress and other wrongs in addition to the “color of law” claim.

The activists allege law enforcement worked in concert with PL and the extractors when they forcibly lowered tree-sitters. Humboldt County sheriffs enforced an unauthorized road closure on March 17, 2003 to assist in the removal of marathon treesitters Jeny Card and Amy Gershman, while activists and innocent bystanders were hit with pepper spray and police batons during the forced removals. Tree-sitter Anna Farnam alleges she was restrained with sheriff’s handcuffs given to PL climber Eric Schatz to restrain her more than 100 feet above the ground.

None of the law enforcement agencies that took part in the extractions are named in the lawsuit.

The amended cross-complaints were ordered by Judge Quentin Kopp, who recently took on the two-year old lawsuit. His first hearing in the case in front of a well-attended courtroom saw a 90% win according to the activists, whose counter-suits remained largely intact despite motions by PL and the Extractors to have them thrown out of court.

Attorneys for PL and the extractors have until June 22, 2005 to respond to the amended cross-complaints.

The seven cross-complaints were brought by Card, Gershman, Farnam, Lindsey Holm, Kristi Sanchez, Scott Petersen, and Jamie Kohler. Sanchez and Petersen are represented by attorney Daniel Kosmal. The other five are representing themselves.

Pacific Lumber and Maxxam are represented by the lawfirm Mitchell, Brisso, Delaney, & Vrieze.

Schatz Tree Service and the six extractors are represented by Ukiah lawfirm Carter, Behnke, Oglesby & Bacik, who also assist PL the timber Fraud lawsuit brought against them by Humboldt County District Attorney Paul Gallegos.

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