Pepper Spray Case Plaintiffs Update

by Noel Hewitt
March 1, 2003


After appeals victories all the way to the Supreme Court, the Headwaters "Pepper Spray by-Q-Tip" civil rights lawsuit is headed for another jury trial, this time to be held in Eureka, CA, beginning May 12, 2003. We hope for a large turn-out for what promises to be an exciting political trial, brought to you by the attorneys who just last year won the $4.4 million verdict against the FBI and Oakland Police Department for civil rights violations against Earth First activists, Judi Bari and Darryl Cherney.

Meanwhile, in response to an order by the judge, we plaintiffs have submitted a letter to Humboldt County asking for a mediated settlement discussion about stopping the use of chemical weapons on peaceful demonstrators. Attorney Nancy Delaney, who represents Humboldt County, said that the county was determined to go to trial. They want to reserve the right to swab activists with pepper spray in the future–even though the 9th Circuit Court of Appeals has ruled the practice "excessive force" and denied former sheriff Dennis Lewis, and current sheriff Gary Philp, "qualified immunity" protection, exposing the officers to punitive damages.

This marks the second time plaintiffs have attempted to resolve the case with an agreement by the county not to use pepper spray, the first time in 1998 before the case went to trial. Today, many costly court proceedings later, the defendants continue using tax-payer money to defend the police actions, seen around the world in video images which gained Humboldt County infamy and horrified the public.
What You Can Do

The Humboldt County Board of Supervisors and the other defendants have until the end of February to make their initial response to our offer of mediation. However, even if they reject our letter, public pressure will be important all the way to our May trial. People are encouraged to write letters to the editor and contact the Humboldt County Board of Supervisors and other defendants directly, asking them to stop wasting taxpayers’ money defending police torture and to settle this case. The Appeals Court ruling already makes it clear that they are in the wrong under the law, creating strong case law that will bear on other civil rights cases.

You can read our actual settlement letter and find more points you can make in calls and letters, at our new website: www.nopepperspray.org. You can also write to us c/o Trees Foundation. Thanks for your help!
•Eureka Times-Standard
www.times-standard.com
•Humboldt County Board of Supervisors
707-476-2384
930 6th St. Eureka, CA 95501
•Humboldt County Sheriff's Office
707-445-7251
•Eureka Mayor and City Council office
707-441-4172
toll free - 800-564-5630
•Eureka Police Department
707-441-4044


This article can be found online at www.treesfoundation.org/publications/article-119

Forest & River News is produced by Trees Foundation.