California Police Brutality Lawyer Blog

Last week, twenty-four University of California, Berkeley students and other community members filed a lawsuit against campus officials, campus police, and employees of the Oakland police department and the Alameda County Sheriff's Office over two separate instances of alleged police violence against Occupy Cal demonstrators on November 9th. In its complaint, pro-affirmative action activist group Coalition to Defend Affirmative Action, Integration, and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN) alleges U.C. Berkeley Chancellor Robert Birgeneau used members of law enforcement to stop demonstrators from voicing disfavor over a plan he put forth to increase tuition and fees.

According to the complaint, members of law enforcement dressed in riot gear tore down tents and beat protesters in order to break up peaceful Occupy Cal Day of Action protests. Police are also alleged to have continued beating protesters as they lay on the ground after their tents were dismantled. At least one plaintiff claims she is still experiencing pain from being beaten with batons. She also stated police violence resulted in fear of further police brutality which prevented students from becoming involved in later protests. The lawsuit seeks unspecified monetary damages for violations of protesters' First, Fourth, and Fourteenth Amendment constitutional rights. Protesters are also asking that any charges against them be dropped and seeking Chancellor Birgeneau's resignation.

The Occupy Wall Street movement has recently been fraught with allegations of police violence, especially on University of California campuses. On the U.C. Berkeley campus, video footage of multiple instances of alleged brutality against demonstrators, including violent behavior in connection with the BAMN lawsuit, was filmed and posted online. Video footage of members of the U.C. Davis police force dressed in full riot gear using pepper spray on peaceful Occupy protesters also made headlines last month.

In November, photos of injured protesters and allegations of police brutality accompanied many news stories about Occupy demonstrations and encampment evictions across the nation. Police violence in response to peaceful protests merely serves as a deterrent to other would be protesters. As one plaintiff in the BAMN lawsuit has alleged, such scare tactics appear to have worked at Occupy Cal. This illegal behavior on the part of law enforcement is not only wholly unwarranted, but also threatens your constitutional rights.