U.C. Davis Pepper Spraying Incident May Have Violated Recent Ninth Circuit Court Decision

In the wake of the pepper spray incident involving occupy Wall Street protestors at U.C. Davis, two U.C. Davis officers remain on leave as an investigation is underway into police use of pepper spray.   Previously, the United States Appeals Court in California, the Ninth Circuit Court of Appeals had ruled that police justification for the use of pepper spray required a heightened standard, similar to the use of tazers. 

The requirement is that police must face an imminent danger before they can utilize pepper spray on a suspect.  (Young v. County of Los Angeles,  No. 09-56372 (9th Cir. August 26, 2011; Headwaters Forest Defense v. County of Humboldt, 276 F.3d 1125, 1129-30 (9th Cir. 2002).)  Due to the complexity of law in the area of excessive force and civil rights violations, it is imperative to contact a knowledgeable Fresno Accident Lawyer to assist you.

In this case, the protesters did not appear to pose a threat to the officers.  In addition, warnings to move or to leave the vicinity were already deemed to not be sufficient to employ pepper spray based upon the decision in Headwaters Forest Defense v. County of Humboldt.  Based upon the recent decision in Young v. County of Los Angeles, it appears the officers were clearly not following the law.  Accordingly, it is important contact a Fresno Injury Attorney immediately if you suspect that you have been the victim of excessive force or police brutality.