UC Davis PEPPER SPRAY Students Win $1Million Lawsuit

[presence]

University Will Formally Apologize and Implement Reforms

In the right light, study becomes insight
But the system that dissed us
Teaches us to read and right

SOUNDTRACK: Take the Power Back, Rage (http://www.youtube.com/watch?v=ihto81cBmqU)

http://static7.businessinsider.com/image/4ec78eececad04c71c000016/uc-davis-pepper-spray.jpg

The teacher stands in front of the class
But the lesson plan he can't recall
The student's eyes don't perceive the lies
Bouncing off every fucking wall
His composure is well kept
I guess he fears playing the fool
The complacent students sit and listen to some of that
Bullshit that he learned in school


http://www.aclu.org/free-speech/uc-davis-students-reach-1-million-settlement-university-over-pepper-spraying-incident (http://www.aclu.org/free-speech/uc-davis-students-reach-1-million-settlement-university-over-pepper-spraying-incident)

September 26, 2012




Today attorneys for 21 UC Davis students and recent alumni announced the details of their settlement of the federal class-action lawsuit against UC Davis over the shocking incident in which


campus police
repeatedly doused
seated,
non-violent
student demonstrators
with military grade pepper spray
at close range.



The lawsuit charged that the police violated state and federal constitutional protections, including the First Amendment to the U.S. Constitution, when they arrested and used excessive force against these non-violent demonstrators.


The terms of the settlement include:

UC Davis Chancellor Linda Katehi will issue a formal written apology to each of the students and recent alumni who was pepper sprayed or arrested.
The University will pay $1 million as part of the settlement. This includes a total of $730,000 to the named plaintiffs and others who were arrested or pepper-sprayed on November 18. It will also include up to $250,000 in costs and attorney fees.
The University will work with the ACLU as it develops new policies on student demonstrations, crowd management, and use of force to prevent anything like the November 18 pepper spray incident from ever happening again. $20,000 of the settlement will go to the ACLU for its future work with the University on these policies to protect free speech and free expression on campus.
The case has been expanded to a class action lawsuit to make sure that anyone who was pepper-sprayed or arrested that day can be part of the settlement, even if they are not a named plaintiff. $100,000 of the total award will be set aside to compensate other individuals who were pepper-sprayed or wrongfully arrested on November 18, 2011.
The University will also assist students whose academic performance was adversely affected by the incident in applying for academic records adjustment.




“If the First Amendment means anything,
it’s that you should be able to demonstrate without being afraid of police violence.

Well if that doesn't bring a tear to your eye I don't know what would.

May more lawsuits against police injustice rain! I would have pushed for a 10 year 25% garnishing of wages for the officer involved to repay the university.

Here's video of the PEPPER SPRAY incident in question:

http://www.youtube.com/watch?v=6AdDLhPwpp4


We need a movement with a quickness
You are the witness of change
And to counteract
We gotta take the power back




This lawsuit sets a new precedent. YOU CAN STAND YOUR GROUND AND PROTEST PEACEFULLY.

No more lies!

presence

[Danke]

"Lee was less than two months into college when he was pepper-sprayed last year. “I was demonstrating because of rising tuition hikes..."

I guess Lee should be able to afford the hikes now:


The University will pay $1 million as part of the settlement. This includes a total of $730,000 to the named plaintiffs and others who were arrested or pepper-sprayed on November 18. It will also include up to $250,000 in costs and attorney fees.
The University will work with the ACLU as it develops new policies on student demonstrations, crowd management, and use of force to prevent anything like the November 18 pepper spray incident from ever happening again. $20,000 of the settlement will go to the ACLU for its future work with the University on these policies to protect free speech and free expression on campus.

[HOLLYWOOD]

Attorneys get 25%

Peppersprayed get $31K each


Would of been better off having 2,000 students each filing $5000 in damages in small claims court for a $25 fee.

Then:
$20,000 of the settlement will go to the ACLU for its future work with the University on these policies to protect free speech and free expression on campus.AH, how about instead, the ACLU sues anyone that violates an unabridged part of the US Constitution called, The 1st Amendment.

[muzzled dogg]

shouldnt have settled

[GuerrillaXXI]

What gets me about settlements like this is that the pigs don't get held accountable. They don't go to jail, and they don't have to pay anything out of pocket. Only the taxpayers get punished. So how is justice being done here?

[thoughtomator]

This is not "settled" until the cop gets the same exact punishment a student would have gotten if the student had engaged in an unprovoked, cold-blooded, extended pepper spray assault on the uniformed police. Otherwise all that's been done is people are getting paid off to accept their status as inferior to the agents of the state.

[presence]

What gets me about settlements like this is that the pigs don't get held accountable. They don't go to jail, and they don't have to pay anything out of pocket. Only the taxpayers get punished. So how is justice being done here?

In large respect I do agree. However we have to chalk this up as a win on the grounds that 1) The settlement sets precedent that use of violence against non voilent protesters, including "non-lethal force", is unacceptable 2) There will be consequences to doing so.

Perhaps, next time, restitution will be taken to the next level. At some point we have to remove the legal protections set up to protect law enforcement when they are clearly in the wrong. I, like you, would like to see the officer charged and punished.

[FrancisMarion]

What gets me about settlements like this is that the pigs don't get held accountable. They don't go to jail, and they don't have to pay anything out of pocket. Only the taxpayers get punished. So how is justice being done here?


thoughtomator

This is not "settled" until the cop gets the same exact punishment a student would have gotten if the student had engaged in an unprovoked, cold-blooded, extended pepper spray assault on the uniformed police. Otherwise all that's been done is people are getting paid off to accept their status as inferior to the agents of the state.



Damn right. I could see two solutions: One, take the settlement costs out of these cops pensions. Or two, have the settlement costs pro-rated say over 10 years deducted directly from this divisions budget.

There has to be consequences.

De Rocha, you've been reported for a long time. Bless you. Turn the music up.

[presence]

Damn right. I could see two solutions: One, take the settlement costs out of these cops pensions. Or two, have the settlement costs pro-rated say over 10 years deducted directly from this divisions budget.

There has to be consequences.


They'll loophole the hell out of #2.

Every man is morally responsible for his own damn actions.

[FrancisMarion]

They'll loophole the hell out of #2.

Every man is morally responsible for his own damn actions.

You are absolutely right.

Where is this one million coming from? I'm assuming that UC Davis is a public school. The first post says that "the University will pay the settlement". In other words, the taxpayer.

If I was in control of the school finances, I would make it my moral responsibility to make sure that these monies are funded by reducing the dept's budget that was negligent and criminal. Or clean house and find it elsewhere, not going to rely on the taxpayer for the settlement.

[DamianTV]

http://blogs.sacbee.com/crime/archives/2012/09/pepper-spray-settlement-about-1-million.html


The University of California regents have agreed to pay out roughly $1 million to end a lawsuit over last November's pepper spraying of UC-Davis students, part of a deal that also calls for a personal written apology from Chancellor Linda Katehi to each person hit with the spray.
The details of the settlement, approved in secret earlier this month by the regents, are contained in documents filed in federal court in Sacramento this morning.
The deal, hammered out in mediation sessions after 21 students and former students sued last February, still must be approved by a federal judge.


It calls for each of the 21 plaintiffs to receive $30,000 for a total payout of $630,000. The agreement also transforms the suit into a class action, which will allow others who were hit with pepper spray during the Nov. 18 protest to submit claims for payments of up to $20,000.
That part of the deal envisions five to 10 additional claimants coming forward, with a sliding scale that reduces the payout for each of those depending on the final tally. Those claimants wil be paid from a pool of money limited to $100,000.
In addition, the settlement calls for the payment of $250,000 in legal fees and costs to the lawyers who filed the suit.


The settlement fees will be paid out of UC's self-insurance fund.

...

Story continues on link.

---

That last part is important. The students were protesting increased tuition costs, which is probably exactly how UC Davis is going to pay for all of this, by further raising tuition costs to afford the lawsuit. Oh the irony...

---

Edit: My bad. I didnt see that this story had already been posted.

[tod evans]

Some lawfirm gets 250k while those who were sprayed get 30k and the "cops" don't pay squat...

Sounds about right :(