Opinion

Headwaters Forest Defense v. County of Humboldt

  • 211 F.3d 1121
  • 2000 WL 531004
Court
Court of Appeals for the Ninth Circuit
Filed
May 4, 2000
Status
Published
Author
Bright
On the bench
Bright, Fletcher, Pregerson
Cited by
16 cases

County amenable to suit under § 1983 for excessive force claim

How later courts described this case

  • County amenable to suit under § 1983 for excessive force claim

Written by the judges who cited it.

The opinion

BRIGHT, Circuit Judge,

concurring separately:

I concur but add these comments.

Now that this court has established that the use of pepper spray in the eyes and on the faces of nonviolent, passive protestors may amount to an unreasonable use of force in violation of the Fourth Amendment of the United States Constitution, *1144 the most important issue in the case has been resolved.

This is a close case. I would urge the parties to compromise the respective positions of each and settle this case rather than hazard a second trial that may well result in another tie. If retried, this judge entertains great doubt that a second jury will be any more successful than the hung jury in the first case. The protestors suffered no permanent injury. Whether the protestors, as a matter of fact, can recover damages against defendants is highly uncertain.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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