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| Victory in Pepper Spray Trial 4-28-05 For Immediate Release - Contact: Heidi Terbrack, (707) 496-7645 Media Office: (510) 548-3113 Jury Finds Sheriffs Use Of Pepper Spray Unconstitutional PRESS CONFERENCE AT NOON FRIDAY, APRIL 29, 2005 OUTSIDE FEDERAL COURTHOUSE 450 GOLDEN GATE AVE San Francisco San Francisco-After only twelve hours of deliberation, the Federal jury returned a unanimous verdict finding that Humboldt County Sheriffs used excessive force when they swabbed pepper spray into the eyes of forest activists. The jurors found that former Sheriff Dennis Lewis and current Sheriff Gary Philp approved illegal use of force on passive protestors. The jury also held the City and County liable for its officers' unconstitutional actions. Plaintiff Spring Lundberg was thrilled by the decision. "We won a unanimous YES! This was excessive force and the decision will reverberate to law enforcement across the country. This is a hard-won victory for preserving all our civil liberties." The jury awarded nominal damages to each plaintiff. Elated activist Sam Neuwirth said, "This is what I wanted. This case has never been about money. It's about the jury saying they respect people who stand up for their beliefs and that the police can't do whatever they want." Plaintiffs' attorney Tony Serra agreed, "We were always in it for the principle and not for the money. The police's application of pepper spray to the eyes of non-violent activists was akin to torture and today's verdict should help to keep it from ever happening again." The activists injured by the sheriffs' applications of pepper spray sued the Humboldt County Sheriffs' Dept. and Eureka Police in fall of 1997, arriving at the current trial in federal court in San Francisco after two previous trials that ended without verdict. " Brutalizing peaceful protesters will not be tolerated," said plaintiff Noel Tendick. "This victory rings in the hearts of any who would peacefully stand up for their beliefs. Onward!" Background and legal documents available at http://www.nopepperspray.org  << Back to Press Release Archive | Latest Press Release | Newsroom | | 
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