Saturday, November 19, 2011
D0Xing the Abusers: Introducing Lt. John Pike, UC Davis Pepper Spraying "officer"
United States Court of Appeals,Ninth Circuit
[Source, Findlaw Cases & Codes]
HEADWATERS FOREST DEFENSE v. COUNTY OF HUMBOLDT
HEADWATERS FOREST DEFENSE, Plaintiff, Molly Burton; Vernell “Spring” M. Lundberg; Michael McCurdy; Eric Samuel Neuwirth; Maya Portugal; Lisa Marie Sanderson-Fox; Jennifer Schneider; Terri Slanetz; Noel Tendick, Plaintiffs-Appellants, v. The COUNTY OF HUMBOLDT, a political subdivision of the State of California; Humboldt County Sheriff's Department; Dennis Lewis, Sheriff; Gary Philip, 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., Defendants-Appellees.
No. 98-17250.
-- January 11, 2002
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Moreover, in requiring that the law put a government officer “on notice that his conduct would be clearly unlawful” before he could be held liable for violating the Constitution, the Supreme Court emphasized that it was not insisting that “courts must have agreed upon the precise formulation of the standard.” Id. As we recently noted, a law can be violated “notwithstanding the absence of direct precedent . [o]therwise, officers would escape responsibility for the most egregious forms of conduct simply because there was no case on all fours prohibiting that particular manifestation of unconstitutional conduct.” Deorle v. Rutherford, 272 F.3d 1272, 1274-75 (9th Cir.2001) (citation omitted).
Viewing the facts in the light most favorable to the protestors, we conclude that Philip and Lewis are not entitled to qualified immunity because the use of pepper spray on the protestors' eyes and faces was plainly in excess of the force necessary under the circumstances, and no reasonable officer could have concluded otherwise.
California Penal Code Section 12403.7(a)(8)(g): Any person who uses tear gas or tear gas weapons except in self-defense is guilty of a public offense and is punishable by imprisonment in a state prison for 16 months, or two or three years or in a county jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment, except that, if the use is against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, engaged in the performance of his or her official duties and the person committing the offense knows or reasonably should know that the victim is a peace officer...Source: D0X: UC Davis Pepper Spraying officer, Lt. John Pike
D0X: UC Davis Pepper Spraying officer, Lt. John Pike.
Please be respectful in your condemnation of this act of brutality.
Lieutenant John PikeRecords Unit Manager
Phone: 530-752-3989
Cell: 530-979-0184
japikeiii@ucdavis.edu
Address: 4005 Cowell Blvd, Apt 616. Davis, CA 95618-6017
Skype: japike3
LinkedIn: http://www.linkedin.com/pub/john-pike/18/a76/879
Pike has received 2 Meritorious Service Awards from UC Davis
File formal complaint against UC Davis police officer here: (pdf)
UC Davis Support Services Division
Contact Information:
Captain Joyce Souza
530-752-6202
Monday - Friday
8:00 AM to 5:00 PM
jxsouza@ucdavis.edu
Reporting a Crime or Accident
UC Davis Police Non-Emergency Service
(530) 752-1727
UC Office of the President
Mark G. Yudof
University of California
1111 Franklin St., 12th Floor
Oakland, CA 94607
Email: president@ucop.edu
Professor at the university, Nathan Brown, wrote an “open letter” calling on Chancellor Linda P.B. Katehi to resign. The entire letter boldly condemns the Chancellor for permitting riot police to handle students as police did. (source)
UC Chancellor Linda P.B. Katehi
Her response to the brutality
Offices of the Chancellor and Provost
Fifth floor, Mrak Hall
University of California, Davis
One Shields Avenue
Davis, CA 95616
(530) 752-2065
Contact form: http://chancellor.ucdavis.edu/contact.php
Katehi’s Facebook page: https://www.facebook.com/home.php#!/pages/Linda-PB-Katehi/147754228574654
UC Davis FB Page: https://www.facebook.com/UCDavis
His boss, UCD Police Chief Annette Spicuzza, told the Davis Enterprise that she’s “very proud” of her officers. “I don’t believe any of our officers were hurt,” she says, “and I hope none of the students were injured.” (source)
UCD Police Chief Annette Spicuzza
(530) 752-3113
Salary: $125,000/yr
Linked in: http://www.linkedin.com/pub/annette-spicuzza/18/435/772
UC Davis Police Department
One Shields Ave.
Davis, CA 95616
(530) 752-6823
FAX: (530) 752-3216
John Pike’s Education
California State University-Hayward (BS)
Activities and Societies: Theta Chi Fraternity
Submit a story to Theta Chi Fraternity
International Headquarters: 317-824-1881
http://www.thetachi.org
Theta Chi UC Davis Chapter: Zeta XI
California Penal Code Section 12403.7 (a) (8)
(g) Any person who uses tear gas or tear gas weapons except in self-defense is guilty of a public offense and is punishable by imprisonment in a state prison for 16 months, or two or three years or in a county jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment, except that, if the use is against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, engaged in the performance of his or her official duties and the person committing the offense knows or reasonably should know that the victim is a peace officer, the offense is punishable by imprisonment in a state prison for 16 months or two or three years or by a fine of one thousand dollars ($1,000), or by both the fine and imprisonment.
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