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Author: Yulia   February 27, 2013 at 04:41:10  from   in reply to: 21Gaz.com - ะบ posted by DoxFlumpDom on February 3, 2013 at 12:17:34

Pretty blatantly a viaotoiln of the case law precedent on use of Pepper Spray. See Headwaters Forest v. Humboldt County (US 9th Circuit Court of Appeals)Some choice quotes from that decisions: [13] The protestors were nonviolent and unarmed. None were physically menacing. [14] They posed no danger to themselves. A reasonable factfinder could have concluded that using pepper spray bore no reasonable relation to the need for force.[15] That the defendants were frustrated by the protestors was irrelevant. [16] The reasonableness of a use of force must be judged from the perspective of a reasonable officer on the scene. The use of pepper spray is not reasonable simply because police have the legitimate objective of making an arrest. A rational juror could have concluded that the nonviolent trespass did not render pepper spray necessary to effect the arrests.

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