Pepper Spraying Peaceful Protesters IS Illegal Excessive Force So Says US Federal Appeals Court
Posted by pwl on November 21, 2011
US Federal Appeals Courts ten years ago declared pepper spraying peaceful protesters to be an illegal violation of their 4th amendment rights to be free from excessive force and that officers who cause such felony assault are liable for their actions and do not receive protection of sovereign immunity as their actions are excessive use of force which the 4th amendment prohibits.
US FEDERAL APPEALS COURT Legal Precedence:
“We concluded in our prior opinion that, viewing the evidence in the light most favorable to the protestors, a rational juror could conclude that the use of pepper spray against the protestors constituted excessive force and that [officers] Lewis and Philip were liable for the protestors’ unconstitutional injury. 240 F.3d at 1199-1209. This analysis is consistent with Saucier’s first inquiry viewing the facts in the light most favorable to the protestors, [officers] Lewis and Philip violated the protestors’ Fourth Amendment right to be free from excessive force.” – US Federal Appeals Court, 9th Circuit, Jan 11, 2002, http://caselaw.findlaw.com/us-9th-circuit/1332957.html
So sue the officers involved, charge them with felony assault, arrest them using Citizens Arrest if necessary, charge and arrest their fellow officers who aided and abetted or who failed to stop them, their commanders, their political leaders (in this case the chancellor and others in her office or whom see sought advice from), and even the prosecutor if they fail to prosecute to the fullest extent of the law. If anyone (of those listed or at the police or in the government) attempts to prevent justice being done in these cases arrest them and charge them with Obstruction of Justice.
DO NOT USE FORCE TO ARREST ANYONE, USE THE LAW, GET A LAWYER, if necessary place these people under Citizens Arrest for Felony Assault and Conspiracy. Also note that in California the the Three Strikes Law could put Pike and the other officer who sprayed (yes two sprayed) into prison for life since each person counts as a separate Felony Assault charge and all it takes is THREE.
LEARN ABOUT YOUR LEGAL POWERS of CITIZENS ARREST. CONSULT A LAWYER before hand. If the Government won’t act YOU CAN.
The police will mount a defense no matter how pathetic it is.
Lt. John Pike is now infamous as the meme of him using excessive force pepper spraying innocent peaceful people spreads. The collection of these images expands. He is now the poster boy of police using excessive force and police brutality.