# Headwaters Forest Defense v. County of Humboldt

> Court of Appeals for the Ninth Circuit · May 4, 2000 · 211 F.3d 1121

URL: https://www.frixlaw.com/law-library/cases/6985565

## Case

- **Full name:** HEADWATERS FOREST DEFENSE, and Molly Burton Yernell "Spring" M. Lundberg Michael McCurdy Eric Samuel Neuwirth Maya Portugal Lisa Marie Sanderson-Fox Jennifer Schneider Terri Slanetz Noel Tendick v. THE COUNTY OF HUMBOLDT, a political subdivision of the State of California Humboldt County Sheriff's Department Dennis Lewis, Sheriff Gary Philp, Chief Deputy Marvin Kirkpatrick, Deputy John Sylvia, Deputy Ciarbellini, Sgt. City of Eureka, a political division of the State of California Eureka Police Dept Bill Honsal, Captain James Manos, Sgt.
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** May 4, 2000
- **Citations:** 211 F.3d 1121; 2000 WL 531004
- **Precedential status:** Published
- **Opinion:** Concurrence by Bright
- **Judges:** Bright, Fletcher, Pregerson
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6985565

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6985565. Public record. Not legal advice.