top
East Bay
East Bay
Newswire
Calendar
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Mon Jul 9 2012
Indybay Journalist Wins Payment and UCB Agreement to Change Policies, Train Officers
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.
pdf Read 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
04/12/19 Two-Week Celebration of Resistance Marks 50th Anniversary of People's Park Front Page | Police State & Prisons | Environment & Forest Defense | Health, Housing & Public Services | Education & Student Activism | East Bay04/01/19 Lawsuit Seeks Records on Trump's Oil and Gas Leasing Plans for California Front Page | Environment & Forest Defense | Central Valley | South Bay | East Bay | Peninsula | California | Santa Cruz Indymedia04/01/19 Following MLK March, SCPD Officer Chris Galli Uses Racist Term on Social Media Front Page | Police State & Prisons | Racial Justice | Santa Cruz Indymedia03/16/19 Chelsea Manning Jailed for Refusing to Testify to Grand Jury Investigating WikiLeaks Front Page | Police State & Prisons | Anti-War | LGBTI / Queer | U.S. | Iraq03/15/19 Town Hall Exposes Risks of Rodeo Refinery Expansion to Local Health, Climate and SF Bay Front Page | Environment & Forest Defense | Health, Housing & Public Services | East Bay | Government & Elections03/14/19 Bolivarian Rallies, Marches, and Forums in U.S. Lead Up to National March in D.C. Front Page | Anti-War | Labor & Workers | Global Justice & Anti-Capitalism | San Francisco | East Bay | U.S. | Government & Elections | Americas03/13/19 Climate Demonstration at Wells Fargo HQ Stops Cable Cars, Autos in SF Financial District Front Page | Environment & Forest Defense | Peninsula | California03/11/19 Despite Removal of Closure Date, Fate of Heroes Camp Residents Remains Uncertain Front Page | Police State & Prisons | Health, Housing & Public Services | Santa Cruz Indymedia03/11/19 "Big Joe" Netro and TBSC's Steve Schlicht Partner Up for Hate Front Page | Police State & Prisons | Racial Justice | Health, Housing & Public Services | Santa Cruz Indymedia03/11/19 Students Say Study Abroad Programs in Israel are Complicit in Oppression of Palestinians Front Page | Education & Student Activism | Palestine | Santa Cruz Indymedia03/11/19 Sherry Conable's Deepest Passion was for Homeless Vets and Speaking Out Against War Front Page | Health, Housing & Public Services | Anti-War | Santa Cruz Indymedia

We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

donate now

$ 95.00 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