Judge Bars UC From Releasing Pepper-Spray Report

DAVIS (CBS13/AP) — A judge has temporarily barred the University of California from releasing a report about the pepper-spraying of student protesters by police officers at UC Davis.

Alameda County Superior Court Judge Evelio Grillo on Tuesday issued a temporary restraining order requested by the union representing officers involved in the Nov. 18 incident.

A task force investigating the encounter was scheduled to release its findings and recommendations Tuesday. But it delayed its publication online after learning the officers’ union planned to seek a restraining order. The judge ordered UC to allow the union attorney to see the report. Grillo set another court hearing on March 16.

Fatimah Sbeih was there on Nov. 18 when her fellow students were doused with pepper spray by campus police. CBS13’s exclusive video shows Fatimah wiping the spray out of another student’s eyes.

“You saw him in pain and he’s screaming, ‘My eyes, my eyes,'” she recalled.

Tuesday Fatimah was hoping to finally see the independent investigation’s report on what happened that day.

“It’s closure, it’s a whole lot of things, it’s been so long,” she said. “It’s disappointing. There so many people who are waiting for this.”

The judge has scheduled the next hearing on the matter for march 16.

UC Davis Chancellor Linda Katehi, whom some have called on to resign after the incident, released a statement saying she was disappointed by the delay. But for students, the delay only adds to the frustration that has been building since November.

“Not very happy at all about any of it,” one student said. “I don’t think it’s been handled well at all.”

Union attorney John Bakhit says the officers want to make sure the report doesn’t include names and confidential personnel information that should not be made public.

“Our concern is not just the names, but any types of conclusions that relate to discipline of any alleged misconduct that they would be released to the public, and that is a violation of the law,” he said.

Comments

One Comment

  1. Mark says:

    Students fault – They got what they deserved if you watch the full video

    1. swim says:

      If it’s the students fault why is the POLICE UNION blocking the reports release?

      1. Mark says:

        Ummm Fear of backlash and death threats from the international community with personal information being released.

    2. Dan says:

      I’m a retired Stanislaus county Sheriff’s deputy. I spent 10 years on the Swat team and I did watch the entire video. All I can say is that the quality, integrity and ethics of the people employed as LEO today is questionable at best. I doubt seriously that 30 years ago any of these “officers” would have passed the psych exam let alone made it through the academy without being washed out. There is no doubt in my mind that these so called peace officers crossed the line by resorting to excessive and unessisary use of force.

      The officers dubious claim that the students were blocking their path back to the patrol cars doesn’t wash..!! These officers have no grounds to claim that they were prevented from returning to their vehicles.

      The quad that the incident took place in was designed to accommodate rallies in excess of 10,000 students. This is a huge area and there is no way that mere 30 students or so sitting on a side walk could have inpeaded anyone path. They might have slightly inconvenienced them by forcing them to walk a few feet around them but they sure as heck weren’t impeding anyone’s path.

      1. Dan says:

        “words like … “and if it means taking a little wannabe punk like you out when you try and interfere then that’s exactly what I will do, YOU CAN BANK ON IT..!!””

        Actually that was the Marine from my younger years coming out..

        Unfortunately your attempt at Internet lawyaring is a complete failure.. There’s no such thing as a credible threat in a hypothetical situation.

        The simple fact that I preference that statement with “If you attempted to violently interfere” (With a Peaceful protest) makes it a warning not a threat.. After all he clearly stated that he would have stomped these protesters so I told him if I was there I would have stopped him. that’s not a threat it was a response to a hypothetical scenario.. But again nice try at Internet lawyaring

        Hey but nice try…

      2. Dan says:

        “but use violence against someone who speaks in opposition to that position … shows may you are not as sincere about free speech as you claim to be,”

        Specificity
        ” speaks in opposition to that position”.???

        What he actually said and what I was responding to was…

        “What would I have done? I would have walked right thru those pious little punks stepping on them as I went. ”

        Obviously his claim that he would have committed a violent act against peaceful protesters sitting on the ground goes way beyond simple free speech in opposition.

        Anyhow this is all a moot point because it’s all based on a hypothetical situation therefore no credible or implied threat could be claimed or construed..

    3. Cowboy says:

      1. The officer’s have already received threats at their homes.
      2. Whether you agree with what the officers did or not, the students aren’t the only ones with “rights”.
      3. The commission was created to do two things, absolve the university and condemn the officers.
      4, Dan – liar … you’ve never worn a badge and have no freakin’ clue about what you are talking about. And before you open your trap again … remember you have the right to remain silent, use it.

      1. Dan says:

        “Dan – liar … you’ve never worn a badge and have no freakin’ clue about what you are talking about. And before you open your trap again.”

        Yet another perfect example of the lack of integrity I spoke of. Resorting to personal attacks instead of addressing the facts as I presented them.. What’s wrong Mr. “COWBOY” did I offend you..!!

        “And before you open your trap again … remember you have the right to remain silent, use it.”

        WOW ..!! am I supposed to be impressed ..!! Hate to tell you this pal. but BIG FAIL at trying to sound authoritative..!! Actually you come off sounding more like a rent-a-cop whacker then anything else. You know what a whackers is don’t you..?? It’s a wannabe cop who could never pass psych test and ended up taking a job as a rent-a-cop.. Here’s a clue for ya “COWBOY” Real LEO’s hate whackers and all the brown nosing in the world wont help ya.

        “The commission was created to do two things, absolve the university and condemn the officers.”

        Just a slightly biased opinion don’t ya think “COWBOY” LOL…!!! By the way “COWBOY” they didn’t need a commission to confirm the officers crossed the line. Anyone with any integrity and half a brain in their head could have figured it out.

        Remember there’s that whole “lawful order” thing, Or how about responding with a level of force appropriate to the situation at hand. Hmm.. Maybe they just don’t teach those things at the academy any more… Nowadays it’s all about ‘Respect My Authoritah…!!! ”

        “Cowboy” LOL I think “Cartman” would be more appropriate……
        ‘Respect My Authoritah…!!! Right “Cowboy” that’s the way it’s supposed to be…!!
        “http://www.youtube.com/watch?v=5c11Z-33PSU

      2. Bill says:

        Dan, Can you be civil or just walk around with a CORN COB shoved up your A** all day.

        Learn to be civil and not attack mode.

      3. Cowboy says:

        Dan … the bias was yours …and you failed to hide it with your weak attempt to pretend to be an ex-cop. You couldn’t handle the acamemy today, much less twenty years ago. the incident in teh quad was a planned setup. The students in the path aren’t the only ones there … did you ever pull your head out of your @$$ long enough to ask … why so many people are recording the whole incident on camera and cell phones … yet only one video ever emerges that shows more than just the officer using the pepper spray … a non-lethal form of crowd control … students were already under arrest an in cuffs … students not only blocked the sidewalk but crowded around the officers … the students in locked arms failed to obey the order to dispurse … yes dumb @$$ a lawful order … they failed to respond … do I think the peper spray was the right choice? No. Do I think it was violent or illegal? No. What would I have done? I would have walked right thru those pious little punks stepping on them as I went. Am I a cop? Nope? Too many rules. But I am a student of the law and not afraid to kick @$$ when needed … or to call out little pieces of lying puke like you. News flash Danny boy … watching reruns of Adam-12 on TV LAnd doesn’t make you a cop … anymore than your morning run to the donut shop.

      4. Dan says:

        “a non-lethal form of crowd control … ”

        Actually it’s illegal in California to use pepper spray on non-violent resisting protesters. (See Humboldt County case from 1997.)

        “a non-lethal form of crowd control … ”

        Now it’s perfectly obvious that you’ve never been involved in LE..!! No trained LEO would ever refer to “pepper spray’ as “non-lethal” ..!!!!

        The proper term is “less then “lethal” and less then lethal doesn’t imply non-lethal by any stretch of the imagination. There are 1000’s of confirmed cases world wide of lethal reactions due to respiratory and allergic complications to what you call “Pepper spray”

        There is a proper order to follow when determining the appropriate level of force that should be used and “Pepper spray” is the second to last…

        Perhaps the officers involved in this brutal attack should take a look at the technique the officers used at the BoA lobby in SF to quietly, methodically, and non-violently removed 80+ protesters without incident just a day prior…

        In any case, it was an act of brutality, What I saw in that video could only be described as NAZI style authoritarian control. What next Tanks..!! It was a disproportionate use of force compared to the students who were non-violently sitting on the ground with their heads bowed. When I was on the force I would have never followed an order to douse non violent protesters at point blank range with “Pepper Spray”

        “students were already under arrest an in cuffs … students not only blocked the sidewalk but crowded around the officers … the students in locked arms failed to obey the order to dispurse … yes dumb @$$ a lawful order … they failed to respond … ”

        I hate to break the news to ya “CowBoy but not every order given by an LEO is a Lawfull order matter how much they want you to Respect their Authoritahbut..

        In this case not only was it an unnecessary use of force to use , but there is still the issue of whether Katehi and the police had the legal right to remove the students at all, using any method.

        Katehi’s insistence that she informed students they needed to disperse, not only lacks any shred of credibility, It counters statements made by other members of the administration as well as her own earlier approval of the assembly.

        Furthermore the only notes that were posted simply asked the students to remove the tents (which they did prior to the pepper spraying indecent) Unfortunately for the School and the Officers involved the these notes weren’t binding nor where they official because they weren’t printed on official letterhead and weren’t signed by any member of the administration.

        Even if she did ask them to disperse (which of course there is no official record of) , You can’t just wave a magic wand and make people go away. You first have to claim it is an “unlawful assembly” (Which would be hard to do considering they had prior approval) Furthermore if you’re going to make the claim that its an unlawful assembly then there has to be a reasonable claim made that people’s safety is at risk, *and* you must by law provide them another location, time or form of redress.

        “What would I have done? I would have walked right thru those pious little punks stepping on them as I went”

        Sounds to me like you need to move to Russia, China, Iran maybe even Afghanistan I hear they let the cops over there use automatic weapons and tanks on non violent political protesters, sounds like you would fit right in..!! Unfortunately for you we live in a country whose constitution protects it’s citizens from NAZI style authoritarian government control..

        I might not agree with everything these protesters had to say but I will defend their constitutional right to say it and if it means taking a little wannabe punk like you out when you try and interfere then that’s exactly what I will do, YOU CAN BANK ON IT..!! “COWBOY…!!

      5. Uncle Bob says:

        @Dan … another sign that your job history is not what you claim to be … words like … “and if it means taking a little wannabe punk like you out when you try and interfere then that’s exactly what I will do, YOU CAN BANK ON IT..!!” … is a threat and therefore illegal … if the site lets threats against someone stand they expose themselves to liability … though since you don’t appear to be too smart, unless you already know this “Cowboy” … you words here echo as hollow as the rest what you have said … for to state that you would stand up and defend the students position, but use violence against someone who speaks in opposition to that position … shows may you are not as sincere about free speech as you claim to be, unless of course they happen to only agree with you. And a little more legal facts, “non-violent” protest ends when the protestor uses physical force to resist or fight back against the officers. When officers initially tried to pull the protestors apart, the pulled back from the officers and locked arms tighter … that’s physical resistance, no longer “non-violent” – because if physical force is continuted to be used and fought against, then someone gets hurt. Point 2, Pepper spray is a non-lethal instrument and is much higher on the list than second to last … last in the book is the use of a firearm … and I can think of several options between pepper spray and a firearm … also, the rights of the protestors to protest do not override the rights of others to pass … yes, they have the right to protest, they do not have the right to stop me or Cowboy, or the police officers transporting suspects under arrest from going where we or they want to go … all of us have rights … they don’t get to take away my rights or anyone else’s rights just because they want to protest … just like Occupy Oakland had a right to march and protest … but did not have a right to destroy public and private property and assault citizens and police. One more fact to consider against your biased opinion. UCD is a California School. The Penal Code has very specific laws governing the behavior and actions on school grounds that exceeds that of other public spaces like 241.2 & 241.6 PC … and that whole “letterhead” nonsense is pretty out there, a verbal command from an identified police or school offical is all that is necessary. Again stop confusing opinion with fact.

  2. Chloe79 says:

    They are only blocking the release temporarily to ensure officer’s private information is not released, either on purpose or inadvertently. Here in CA peace officers information (mainly addresses) is allowed to remain confidential. Once that’s determined the report likely will be released.

  3. Caveman says:

    Dan: Great post and you are 100%v right.

    Cowboy: ST..FU

  4. Uncle Bob says:

    What seems clear is that the men & women who are currently serving as Police Officers at UCD … should be ready to quit and find work somewhere else. The UCD Administration has absolutely abandoned them and are setting them up to take the fall. Get ready for teh next cost cutting measure at UCD … replacing the Police Officers with unarmed security officers.

    And @Dan … your liberal bias shows … and like Cowboy, I don’t believe your stated credentials.
    @Cowboy … way too harsh dude … mostly right … but it gets lost in the harshness of your words.
    @Caveman … do you kiss your mother with that mouth?

    Stop confusing opinions with facts … did the officers have better choices that day? Yes they did. Was the pepper spray use illegal? No it was not. Were the students going to let the officers go with those already arrested? No they were not. If the officers had tried to walk around the existing sitting protestors, others would have blocked their path. The protestors wanted a confrontation, and they got one. And for all the whiners who say that being pepper sprayed was the worst experience in their life … wow … what a privlileged & sheltered life they have lived … whimps one and all.

    1. Dan says:

      “And @Dan … your liberal bias shows … and like Cowboy, I don’t believe your stated credentials.”

      Off course you don’t … you probably also don’t believe Obamas a US Citizen.. How about the moon landing was it a conspiracy as well ..??

      It seems as though the republican party which I used to so proudly belong to has been completely taken over by extremists and anyone who doesn’t agree with their extremism is automatically labelled a liberal, socialists, communists,child molester, evil, godless ….. ( as though these were actually all synonyms)

      A perfect example of this mentality is what the the right wing nut jobs did to Clint Eastwood. These conservatives whack jobs actually labelled Clint Eastwood a liberal socialists simply because they disagreed with his Super Bowl commercial..

      Unfortunately today’s Republicans seem to have lost their integrity and sense of decency. As can be seen by the various posts in this thread attacking me. They further demonstrate their complete lack of intellect by basing the credibility of other peoples opinions and statements on how closely that persons opinions agree with their own personal opinion..

      Since I don’t agree with and since you lack the ability to refute arguments I posed you simply resorted to labelling me a liar. Yup .. what a perfect way to demonstrate your complete lack of integrity, ethics and intellect.

      Now if I would have stated the opinion that these officers were 100 percent “in the right” for “pepper spraying” these socialist liberals not only would you have accepted my stated credentials you would have fallen all over yourself kissing my a$$

      Oh and by the way, Not only am I a retired Stanislaus county Sheriff’s deputy I also served in the USMC so put that in your friggen pipe and smoke it..!! Oh no ..!! it cant be ..! a Marine who actually disagrees with the right wing nut jobs, say it isn’t so..!!

      1. Cowboy says:

        Dan, more lies, USMC now? Really? You didn’t even read Uncle Bob’s comments. He didn’t agree with the use of the pepper spray but you teed off on him anyway with your whining liberal blind reteric. If you really want to pick a fight, look up the definiiton of Semper Fi, and try and grasp it’s meaning. Wait, let me guess, you’re also a former Governor of California, and in another life was a Prince of Egypt!

  5. erick says:

    @ cowbay keep on trolling you do a good job

  6. cocosnestescapey says:

    If you remove my post one more time I will file discrimination charges jerks , “you” need to respect these sacrifices, many of us had a child come home in a box from Vietnam you on the other hand do not want any opposition to your line of thought, ya we all have rights all right unless we disagree with you, you don’t mind taking away MY rights now do you? I have genuine devotion to my country but cannot tolerate ficticious loyalty. These young people had every right to protest just like the press has rights. Also I thought this was a news forum not a Dan and Cowboy chat room why don’t you get on your horse and ride off into the sunset wanna-be cowboy and take your sidekick Dan with ya.

  7. Bill says:

    If they are guilty of using unjustified force there nmaes should be published. That is part of being a civil servant and yes a little ridicule would prevent them from being stupid again. Pepper spraying should be used if there is a struggle not on pecaeful demonstrators, this is something that I would expect to see in another country like Communist China or Russia or some other third world country..

    The officers should be punished and sued in civil court for their actions and that is why they do not want their neames to be used.

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