Pepper Spray In the Eyes of the Court

Forest activists suing the government whose eyes were swabbed with pepper spray by police during protests in 1997 are finally scheduled for trial on May 12 in the Federal Court of Judge Von Walker. This is the same judge that threw the case out of court saying that no reasonable juror would think that the swabbing of pepper spray with Q-tips directly into the eyes of non-violent protesters would constitute unreasonable force. He has since been overruled strongly by the Ninth Circuit Court of Appeals claiming “It would be clear to a reasonable officer that using pepper spray against the protesters was excessive under the circumstances.”

Judge Vo Walker has moved the trial from the Federal Building in San Francisco to Eureka, California.

The activist plaintiffs have offered to settle this case by mediating an agreement with law enforcement to desist using chemical agents on non-violent protesters,

The legal team that helped win the Judi Bari case against the FBI and Oakland Police has agreed to work on the trial. Stay tuned for details about court dates and support needed. Your tax deductable donations are also greatly appreciated and can be sent to the Pepper Spray Fund c/o Trees Foundation, PO Box 2202, Redway, CA 95560.