California Police Brutality Lawyer Blog

This week, the San Francisco Chronicle published an article by Ron Cottingham, President of the Peace Officers Research Association of California, addressing recent allegations of police misconduct and abuse committed against Occupy Oakland protesters. Occupy Oakland is a part of the Occupy Wall Street protest movement. The movement began last fall as an attempt to highlight and bring more attention to the vast wealth divide among citizens in the United States. In recent months, Occupy Oakland demonstrators have clashed repeatedly with local police.

In his Open Forum article, Cottingham described his disappointment in the conduct of Oakland police officers and discussed what he argues are acts of senseless violence between police and protesters. According to Cottingham, an Oakland law enforcement officer was recently punished for attempting to conceal his name badge using tape while responding to an Occupy Oakland protest. Although his superior officer removed the tape prior to his arrival on the scene, a federal judge is weighing whether to sanction the officer.

Cottingham, a peace officer for almost 40 years, stated he has been tasked with maintaining safety during a variety of protests throughout his tenure. According to Cottingham, maintaining safety is the chief goal of any police presence during a protest. Cottingham also argued the rights of protesters should always be both respected and protected by police.

Despite his belief in the rights of protesters, Cottingham condemned the actions of hackers who publicly posted the names, telephone numbers, addresses, and even social security numbers of some police officers online. According to Cottingham, in a time when everything is photographed, videotaped, and immediately posted online, law enforcement officers are experiencing a new level of vulnerability. In his article, he discussed his belief that some Occupy Oakland protesters are not actually seeking to find solutions or be heard, but are instead seeking to widen the divide between police officers and demonstrators.

Cottingham closed his article by cautioning against further anger and violence. He stated that all citizens have the right to make their voices heard through protest and engage in honest discourse. Cottingham also argued this cannot always be accomplished without a certain degree of chaos. Finally, despite calling for more accountability on both sides, he stated "an officer's badge should not be used as the next calling card for an act that is criminal."

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More than 400 Occupy Oakland demonstrators were taken into custody this weekend in one of the largest mass arrests since the Occupy Wall Street movement began last fall. On Saturday, police officers dressed in riot gear fired tear gas, smoke grenades, and bean bags at protesters as they attempted to occupy the abandoned Henry Kaiser Convention Center in downtown Oakland. Three members of the Oakland police force and at least one protester were reportedly injured during the exchange.

The Occupy Wall Street movement began in New York City last fall in an effort to showcase the vast wealth divide currently in existence in the United States. The movement quickly spread to several cities across the nation. Despite that many of the largely peaceful Occupy protests lost momentum after demonstrator encampments were forcibly emptied by local police, Occupy Oakland has seen increased activity and violence.

More than 1,000 Occupy Oakland demonstrators assembled outside of City Hall Saturday afternoon before marching through the streets to the vacant convention center. Oakland police allege a dispersal order was issued before officers took action against demonstrators who purportedly forced their way into City Hall, removed fencing, and burned American flags taken from the building. Demonstrators allege the day began as a calm act of civil disobedience which escalated only after police began using force on protesters.

Occupy Oakland protesters have accused the Oakland police Department of using unnecessarily heavy-handed tactics and overreacting to largely peaceful demonstrations. City officials claims "extremists" are using the city as a playground to advance the Occupy movement. The police department has stated officers responded with force on Saturday only after being attacked with a variety of items including bottles, metal pipes, rocks, and burning flares.

Oakland was not the only city to witness Occupy tensions this weekend. Police also allegedly clashed with protesters in Brooklyn on Saturday evening. Four demonstrators were charged with inciting a riot and other crimes. Meanwhile, in Washington, D.C. the National Park Service has threatened to remove protesters from two parks in which they have been camped out since October before the month of January ends.

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Six Occupy Wall Street protesters were arrested by police officers outfitted in riot helmets and other gear in Oakland on Saturday night. The protesters were taken into custody during a march organized to protest alleged police abuse and mistreatment of Occupy demonstrators on October 25, 2011. Protest organizers claim the march was created to draw attention to police abuse, oppression, and harassment against Occupy Wall Street protesters in the city.

Saturday's march began outside of Oakland's City Hall building and was slated to end at the Oakland Police Department. According to reports, rows of officers in riot gear blocked the route to the police station and stopped demonstrators from continuing the march. At that point, the previously peaceful protest reportedly began to change as demonstrators allegedly lit a bonfire, committed vandalism, and threw bottles at police.

Oakland police purportedly chased some demonstrators down the street before making arrests. Other protesters were reportedly corralled on the street by officers who then declared an unlawful assembly. After that, the remaining demonstrators dispersed. Occupy Oakland protesters claim police officers failed to issue a dispersal order prior to chasing down and allegedly beating some demonstrators.

According to an Oakland Police Department spokesperson, the six arrests made by police on Saturday were for alleged officer assault, resisting arrest, vandalism, and possession of an explosive device. Meanwhile, organizers claim those arrested were merely sitting peacefully in a public space.

Oakland police have engaged in confrontations with Occupy Wall Street demonstrators repeatedly over the past week. Last Wednesday, 12 protesters were arrested at almost midnight outside of the Oakland City Hall on suspicion of resisting police officers. On Thursday, two demonstrators were arrested and the doors to City Hall were locked by police in a purported effort to keep protesters from entering the building to speak with the Mayor. On Friday, 13 additional protesters were arrested after they failed comply with the Oakland Police Chief's order to disperse.

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Outrage over alleged abuses of Occupy Wall Street protesters by police officers has inspired artists to act. 46 artists contributed 48 pages of black and white images to collectively publish the Police Brutality Coloring Book. Joe "Heaps" Nelson created the book after an acquaintance, Chelsea Elliott, was filmed being penned in and pepper sprayed by New York police officers during an Occupy Wall Street march through Union Square in September. Nelson stated he was always sympathetic to the movement, but police misconduct across the nation sparked his outrage. According to Nelson, video footage of a University of California, Davis police officer pepper spraying seated students made it clear he wanted to become more involved.

Nelson began contacting artists he knew were sympathetic to the Occupy Wall Street movement. Eventually, a network of artists with their own police abuse stories to tell arose. The coloring book took off from there.

The Police Brutality Coloring Book was created to raise awareness regarding police violence against Occupy Wall Street protesters. Shepard Fairey, a graphic designer best known for creating President Obama's "Hope" poster, is another coloring book contributor. He was arrested by police at Occupy protests a total of 16 times. Fairey has stated the group chose to create a coloring book due to the stark contrast of a normally child friendly medium with the seriousness of the subject matter. According to Fairey, the artists chose to select the medium in order to heighten the effect of the artwork and truly showcase the various instances of police brutality against Occupy protesters.

Fairey believes police regularly commit abuses against citizens because they rarely have to answer for it. Because of this, police brutality is becoming increasingly common. He also believes a large part of the problem is a lack of perspective on the part of police.

Victims of police abuse may file a civil tort claim to seek monetary damages for a wrong that is not criminal in nature such as assault, battery, wrongful death, false arrest or negligence. Additionally, Section 42 U.S.C. 1983 allows victims of police brutality to bring a claim against police for constitutional rights violations. Under California law, an officer who unnecessarily uses excessive force on an individual may also be fined, imprisoned or both.

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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.

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Approximately 1,400 police officers removed Occupy Los Angeles protesters from a park near City Hall early this morning. Almost 300 people were arrested for failing to disperse. After officers dismantled the protesters' camp, city employees installed concrete barriers and chain link fences to wall off the park.

Citing health and safety concerns, Los Angeles Mayor Antonio Villaraigosa announced last week all Occupy Los Angeles protesters would be evicted from the park by 12:01 am Monday. The deadline was extended by 48 hours in the hope that protesters would disperse. Police, many dressed in riot gear or biohazard suits, surrounded the park in the early morning hours and began arresting protesters in teams after an unlawful assembly was declared.

Bean bags were fired from shotguns at three protesters who refused to leave a makeshift tree house and officers used a platform lift to remove several men from trees. Los Angeles police officers are accused of tackling and wrestling a man with a camera to the ground on the steps of City Hall and at least one Occupy protester has alleged police beat protesters as they ran away from the encampment.

The Los Angeles eviction was largely non-violent when compared with other Occupy evictions across the country. Earlier this month, police wearing riot gear and wielding batons removed protesters from Occupy Wall Street encampments in New York City. In Oakland, police purportedly beat protesters with batons and put two different Iraq war veterans in the hospital on two separate occasions. One veteran suffered a fractured skull and another was placed in intensive care due to injuries to his spleen. In Seattle, police are alleged to have used pepper spray on a crowd of largely peaceful protesters including a pregnant teenager, a priest, and an 84-year-old woman who was hit in the face.

University police forces are also accused of using violence against Occupy protesters. Video footage shows police at the University of California, Berkeley campus hitting student protesters with batons as they attempted to set up an Occupy encampment. At U.C. Davis, several videos show university police nonchalantly spraying seated protesters in the face with pepper spray. Two officers and the university police chief were placed on paid administrative leave following the U.C. Davis incident.

Police violence and crowd control tactics being used against Occupy protesters across the country are meant to deter protesters from engaging in their constitutional rights. By controlling crowds with violence, police are effectively telling protesters to stay away or you too could be hit with a baton, pepper sprayed in the face or worse. This is an excessive, chilling use of force and it has no place in a free society.

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University of California, Davis police used pepper spray on students who refused to move during a peaceful protest on campus last Friday. The students were seated on the U.C. Davis quad as part of the Occupy Wall Street movement which has swept across the nation in recent months. University police were on the quad after Chancellor Linda Katehi ordered the removal of tents erected by protesters in violation of university policy. After students refused to move, Officer John Pike began spraying them with pepper spray. Video footage of the incident quickly hit the internet.

According to Chancellor Katehi, police were instructed to remove the tents but not to forcibly remove protesters. She also stated university police were asked not to use force or make arrests. Instead, ten people were arrested and nine students hit with pepper spray were treated by medical staff on the scene. Two others were taken to a local hospital before being released.

Officer Pike allegedly claimed he sprayed students in an effort to make their protest disperse. Tear gas, however, is the generally recognized method for dispersing crowds because it is considered to be a non-debilitating irritant. Unlike tear gas, pepper spray includes a resin which will stick to eyes and other membranes. In fact, it is one of the most painful chemicals a person can come into contact with. Pepper spray causes difficulty breathing and makes it almost impossible to open your eyes. It can also cause permanent damage and even death.

Because pepper spray disorients and debilitates by making it impossible to see or move, it should not be used on peaceful protesters and should only be used to stop an attack. In 2006, Officer Pike was honored for tackling a hospital patient who threatened other officers with a pair of scissors. Ironically, he later stated he chose not to use pepper spray on the patient out of concern it might harm other patients or his fellow officers.

Why would a trained police officer choose to use a potentially harmful weapon to incapacitate protestors if he really only wanted them to move? If the goal of university police was to make the students move, tear gas would have been employed. It appears Officer Pike instead chose to hurt protesters for merely exercising their constitutional rights.

This was a case of university police operating on a university campus in response to a request to remove a few tents erected in the quad. None of the usual excuses for police misconduct were alleged to exist here. Police were not operating in a high crime area. No known gang members were involved. No shots were fired. It appears no one was even yelling at police. None of the officers were in fear for their lives. Video footage of the incident shows Officer Pike nonchalantly spraying students sitting with their heads down then attempting to move several protesters while they were incapacitated. Doing so meant that although incapacitated, protesters could still be charged with resisting arrest. There is simply no place for such abuse in any civilized society.

Following the incident, Pike and two other campus police officers, including the campus police chief, were placed on paid administrative leave and U.C. President Mark G. Yudof ordered a review of all university police training. Unfortunately, the police response to abuses such as this is generally "we are going to do retraining." Is retraining going to stop such misconduct in the future? Would the perpetrator of any other violent assault, such as domestic violence, merely be retrained?

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