Sunday, November 20, 2011
Non-Violent Protests: "And they are met with fear..." - The Atlantic Senior Political Editor On #Occupy-Related Police Violence
By Garance Franke-Ruta
Senior Politics editor
The Atlantic
Nov 19 2011, 6:58 PM ET
The dousing of seated, non-violent students with a chemical agent at U.C. Davis should provoke a call for restraint. These images show their experience is not unique.
[Pepper Spray in use @ #OccupySeattle]
Police dressed in riot gear at U.C. Davis on Friday afternoon used pepper spray to clear seated protesters from the university quad where they had set up a small Occupy encampment, pro-actively and repeatedly dousing the passively-resisting students with a chemical agent designed to cause pain and suffering in order to make it easier to remove them.
[UC Davis Police Lt. John Pike from the RECORDS DEPARTMENT gets his chance to 'kill commies']
It is hard to look at this kind of attack and think this is how we do things in America.
And yet it is all too American.
America has a very long history of protests that meet with excessive or violent response, most vividly recorded in the second half of the 20th century. It is a common fantasy among people born in the years since the great protests movements -- and even some not so great ones -- that they would have stood on the bold side of history had they been alive at the time and been called to make a choice. But the truth is that American protest movements in real time -- and especially in their early days -- often appear controversial, politically difficult, out-of-the-mainstream, and dangerous. And they are met with fear...
A profile of one of the perpetrators here:
D0Xing the Abusers: Introducing Lt. John Pike, UC Davis Pepper Spraying "officer"
«o» Pertinent California Codes & Rulings in re the official use of Pepper Spray:
United States Court of Appeals,Ninth Circuit
HEADWATERS FOREST DEFENSE v. COUNTY OF HUMBOLDT
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"Viewing the facts in the light most favorable to the protestors, we conclude that Philip and Lewis are not entitled to qualified immunity because the use of pepper spray on the protestors' eyes and faces was plainly in excess of the force necessary under the circumstances, and no reasonable officer could have concluded otherwise." (source)
California Penal Code Section 12403.7(a)(8)(g):The code goes on to add further sanctions if, lets say someone knowingly pepper sprays a police officer etc, but the above, based on the 9th Circuit Court's ruling in a civil case ought to go a long way towards convicting ANY official in California who commits, or perhaps even authorizes such an act.
"Any person who uses tear gas or tear gas weapons except in self-defense is guilty of a public offense and is punishable by imprisonment in a state prison for 16 months, or two or three years or in a county jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment,"
To show us how out of touch with law the average police officer is (and to add to the extensive list of why one should NEVER ask a law enforcement official for legal advice), simply read the words of UC police Capt. Margo Bennett who said:
"The individuals who linked arms and actively resisted, that in itself is an act of violence,"
Saturday, November 19, 2011
D0Xing the Abusers: Introducing Lt. John Pike, UC Davis Pepper Spraying "officer"
United States Court of Appeals,Ninth Circuit
[Source, Findlaw Cases & Codes]
HEADWATERS FOREST DEFENSE v. COUNTY OF HUMBOLDT
HEADWATERS FOREST DEFENSE, Plaintiff, Molly Burton; Vernell “Spring” M. Lundberg; Michael McCurdy; Eric Samuel Neuwirth; Maya Portugal; Lisa Marie Sanderson-Fox; Jennifer Schneider; Terri Slanetz; Noel Tendick, Plaintiffs-Appellants, v. The COUNTY OF HUMBOLDT, a political subdivision of the State of California; Humboldt County Sheriff's Department; Dennis Lewis, Sheriff; Gary Philip, Chief Deputy; Marvin Kirkpatrick, Deputy; John Sylvia, Deputy; Ciarbellini, Sgt.; City of Eureka, a political division of the State of California; Eureka Police Dept; Bill Honsal, Captain; James Manos, Sgt., Defendants-Appellees.
No. 98-17250.
-- January 11, 2002
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Moreover, in requiring that the law put a government officer “on notice that his conduct would be clearly unlawful” before he could be held liable for violating the Constitution, the Supreme Court emphasized that it was not insisting that “courts must have agreed upon the precise formulation of the standard.” Id. As we recently noted, a law can be violated “notwithstanding the absence of direct precedent . [o]therwise, officers would escape responsibility for the most egregious forms of conduct simply because there was no case on all fours prohibiting that particular manifestation of unconstitutional conduct.” Deorle v. Rutherford, 272 F.3d 1272, 1274-75 (9th Cir.2001) (citation omitted).
Viewing the facts in the light most favorable to the protestors, we conclude that Philip and Lewis are not entitled to qualified immunity because the use of pepper spray on the protestors' eyes and faces was plainly in excess of the force necessary under the circumstances, and no reasonable officer could have concluded otherwise.
Source: D0X: UC Davis Pepper Spraying officer, Lt. John Pike
D0X: UC Davis Pepper Spraying officer, Lt. John Pike.
Please be respectful in your condemnation of this act of brutality.
Records Unit Manager
Phone: 530-752-3989
Cell: 530-979-0184
japikeiii@ucdavis.edu
Address: 4005 Cowell Blvd, Apt 616. Davis, CA 95618-6017
Skype: japike3
LinkedIn: http://www.linkedin.com/pub/john-pike/18/a76/879
Pike has received 2 Meritorious Service Awards from UC Davis
File formal complaint against UC Davis police officer here: (pdf)
UC Davis Support Services Division
Contact Information:
Captain Joyce Souza
530-752-6202
Monday - Friday
8:00 AM to 5:00 PM
jxsouza@ucdavis.edu
Reporting a Crime or Accident
UC Davis Police Non-Emergency Service
(530) 752-1727
UC Office of the President
Mark G. Yudof
University of California
1111 Franklin St., 12th Floor
Oakland, CA 94607
Email: president@ucop.edu
Professor at the university, Nathan Brown, wrote an “open letter” calling on Chancellor Linda P.B. Katehi to resign. The entire letter boldly condemns the Chancellor for permitting riot police to handle students as police did. (source)
UC Chancellor Linda P.B. Katehi
Her response to the brutality
Offices of the Chancellor and Provost
Fifth floor, Mrak Hall
University of California, Davis
One Shields Avenue
Davis, CA 95616
(530) 752-2065
Contact form: http://chancellor.ucdavis.edu/contact.php
Katehi’s Facebook page: https://www.facebook.com/home.php#!/pages/Linda-PB-Katehi/147754228574654
UC Davis FB Page: https://www.facebook.com/UCDavis
His boss, UCD Police Chief Annette Spicuzza, told the Davis Enterprise that she’s “very proud” of her officers. “I don’t believe any of our officers were hurt,” she says, “and I hope none of the students were injured.” (source)
UCD Police Chief Annette Spicuzza
(530) 752-3113
Salary: $125,000/yr
Linked in: http://www.linkedin.com/pub/annette-spicuzza/18/435/772
UC Davis Police Department
One Shields Ave.
Davis, CA 95616
(530) 752-6823
FAX: (530) 752-3216
John Pike’s Education
California State University-Hayward (BS)
Activities and Societies: Theta Chi Fraternity
Submit a story to Theta Chi Fraternity
International Headquarters: 317-824-1881
http://www.thetachi.org
Theta Chi UC Davis Chapter: Zeta XI
California Penal Code Section 12403.7 (a) (8)
(g) Any person who uses tear gas or tear gas weapons except in self-defense is guilty of a public offense and is punishable by imprisonment in a state prison for 16 months, or two or three years or in a county jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment, except that, if the use is against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, engaged in the performance of his or her official duties and the person committing the offense knows or reasonably should know that the victim is a peace officer, the offense is punishable by imprisonment in a state prison for 16 months or two or three years or by a fine of one thousand dollars ($1,000), or by both the fine and imprisonment.
Monday, October 31, 2011
#Occupy PSA - $5,000 Reward Offered For Identification Of The Police Officer Who Assaulted USMC Veteran Scott Olsen
Due to difficulties identifying the police officer who shot USMC Marine Veteran Scott Olsen in the face at point blank range with a tear gas canister at the #OccupyOakland Police Riot last week there is a $5,000 dollar reward being offered to anyone who can identify the assailant.
Some of Scott's 'brothers' want to speak with the 'gentleman'
[Disclaimer: It is unknown whether the Brother above is one of the people making that offer.]
Wednesday, February 23, 2011
In The "No Food For You, Fascist" Department:: Seattle-Area Restaurant Refuses To Serve TSA Agents
And since we're on the topic of abuse of authority by various police state apparatchik:Seattle-Area Restaurant Refuses To Serve TSA Agents
By Chris Morran
February 22, 2011
Fed up with what he views as crappy treatment from the TSA, the owner of a restaurant near Seattle-Tacoma International Airport has decided to put all TSA agents on his No-Eat List.
"We have posted signs on our doors basically saying that they aren't allowed to come into our business," one employee tells travel journalist Christopher Elliott. "We have the right to refuse service to anyone."
She says that whenever a TSA agent attempts to dine at the restaurant, "we turn our backs and completely ignore them, and tell them to leave... Their kind aren't welcomed in our establishment."
The restaurant claims that 90% of its patrons are in agreement with their stance and that the local police have actually helped escort TSA workers of the premises... [Source]
New York Judge Orders City to Release Reports on Shots Fired by Police at Civilians Since 1997
Separately, the civil liberties group has requested statistical information about the disciplining of officers involved in civilian shootings. Mr. Dunn said the police had said they would respond by the end of this month.
By AL BAKER
February 22, 2011
A Manhattan judge has moved to shine more light on New York Police Department shootings, ruling that departmental reports generated whenever an officer fired at a civilian in the last 13 years be turned over to the New York Civil Liberties Union.
The decision, by Justice Emily Jane Goodman of State Supreme Court, means that a trove of internal police documents could soon be thrust into public view. The decision, dated Feb. 14, gives police officials 60 days to turn over two sets of the documents for each shooting dating back to 1997 — a period covering roughly 850 shootings. The city has not decided whether to appeal.
One of the documents Justice Goodman ordered to be released is an investigatory report done within 24 hours of each shooting. The other report, completed within 90 days, is more extensive.
The ruling, affecting about 1,700 reports and thousands of pages, could provide the public new details about such recent police scandals as the 2006 shooting death of Sean Bell in Queens and the 1999 killing of Amadou Diallo in the Bronx.
“There are going to be a lot of big cases in these reports,” said Christopher T. Dunn, the associate legal director of the civil liberties group, who said he would make the reports public. “There will also be a lot of cases nobody ever heard of.”
Asked about the decision at a news conference on Tuesday, Police Commissioner Raymond W. Kelly said... [More @ The NY Times]
Monday, May 24, 2010
Action Alert: Federally Funded Drug Squad Seizes Petition For Pot Legalization In Washington State
I KNEW you could!
An Alert, from Firedoglake:
Sensible Washington is the group whose marijuana legalization petitions were seized by the federally funded agents. The group is well on its way to let Washington State residents vote on legalization on the November ballot, but this raid can put it in jeopardy.
The intended effect of this raid is to put a chill on other citizens from signing the petition, who will fear having their names and addresses exposed to a drug task force. It's intimidation, pure and simple. And your tax dollars are paying for it.
Drug agents handcuffed a 14-year-old boy and pointed a gun at his head. Then they took $80 from a 9-year-old girl's Minnie Mouse wallet that she earned for straight A's on her report card.
Now the drug agents - funded by the US Department of Justice - say they can only find two pages of the petition. But they had time to make photocopies of the petition, keeping the names and addresses of residents who signed.
We started our own petition demanding the release of the seized signatures that we'll deliver to the task force headquarters next week.
Ironically, it's this kind of reckless waste of time and money that makes marijuana legalization a safer, smarter alternative than the failed war on drugs.
Sensible Washington is the group whose marijuana legalization petitions were seized by the federally funded agents. The group is well on its way to let Washington State residents vote on legalization on the November ballot, but this raid can put it in jeopardy.
The intended effect of this raid is to put a chill on other citizens from signing the petition, who will fear having their names and addresses exposed to a drug task force. It's intimidation, pure and simple. And your tax dollars are paying for it.
That's why it's important we speak out about this gross violation of first amendment rights. We need to make sure that not only is every petition signature returned, but any other copies must be destroyed.
The only thing these petition signatures are evidence of is an exercise in democracy.
Sign the petition HERE
Thanks for standing with us,
Jane Hamsher
Firedoglake.com
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