Blog on the Run: Reloaded

Thursday, April 19, 2012 8:29 pm

Pepper-spraying: OK, we waited for the facts to come out …

Filed under: Evil — Lex @ 8:29 pm
Tags: , , , ,

… and they are even worse than it appeared.  The section headings alone are brutal:

Section I – Deficiencies in the Decision- Making
Process and Substantive Mistakes at the
Administrative Level ………………………………………………………………. 10

A. There Was a Failure to Investigate Whether or Not
“Non- Affiliates” in the UC Davis Occupy
Encampment Were Present ………………………………………….. 10

B. The Administration Decided to Deploy Police to
Remove the Tents on Nov. 18 before Considering
Other Reasonable Alternatives…………………………………….. 11

C. The Scope of the Police Operation to Remove the Tents
Was Ineffectively Communicated, Not Clearly
Understood by Key Decision- Makers, and,
Accordingly, Could Not Be Adequately Evaluated as
to Its Costs and Consequences ……………………………………. 12

D. There Were No Clear Lines Delineating the
Responsibility for Decision- Making between
Civilian Administrators and Police……………………………….. 14

E. There Was Confusion as to the Legal Basis for the
Police Operation ………………………………………………………… 14

F. The Leadership Team’s Informal, Consensus- Based
Decision- Making Process Was Ineffective for
Supporting a Major Extraordinary Event……………………….. 15

Section II – The Conduct of the Police Operation………………. 17

A. The UCDPD Failed to Plan for the Intended Action
According to Standard Operating Procedures ……………….. 17

B. Notwithstanding the Deficiencies in the Operations

Plan, the Incident Was Not Managed According to
the Plan …………………………………………………………………….. 18

C. The Decision to Use Pepper Spray Was Not
Supported by Objective Evidence and Was Not
Authorized by Policy…………………………………………………… 18

D. The Pepper Spray Used, the MK- 9, First Aerosol
Projector, Was Not an Authorized Weapon for Use
by the UCDPD ……………………………………………………………. 19

E. There is a Breakdown of Leadership in the UCDPD………… 19

F. Other Police Procedural and Tactical Irregularities………… 19

Section III – Individual Responsibility…………………………………. 21

A. The Chancellor Bears Primary Responsibility for
the Decision to Deploy the Police at 3 p.m. Rather
than During the Night or Early Morning, Which is a
Tactical Decision Properly Reserved for Police
Authorities ………………………………………………………………… 21

B. The Chancellor Bears Primary Responsibility for
the Failure to Communicate Her Position that the
Police Operation Should Avoid Physical Force……………….. 21

C. Many Members of the Leadership Team, Including
the Chancellor, Vice Chancellor Meyer, and Vice
Chancellor Wood, Share Responsibility for the
Decision to Remove the Tents on Friday and, as a
Result, the Subsequent Police Action Against
Protesters………………………………………………………………….. 22

D. Chief Spicuzza Bears Individual Responsibility for
Failing to Challenge the Leadership Team’s
Decision on the Time of the Police Operation and
for Not Clarifying the Role the Police Were
Expected to Play During the Operation. She is also
Responsible for Numerous Deviations from Best Police Practices Both Before and During the
Operation as Detailed in the Kroll Report……………………… 23

E. Officer P Bears Individual Responsibility for
Abdicating his Duties as Incident Commander………………. 24

F. Lt. Pike Bears Primary Responsibility for the
Objectively Unreasonable Decision to Use Pepper
Spray on the Students Sitting in a Line and for the
Manner in Which the Pepper Spray Was Used………………… 24

And that’s not even the whole table of contents. (Also, via Balloon Juice, this commentary by Brad Hicks is illuminating.) This was an administrative and legal clusterfail of galactic dimensions.

At least the campus police chief is no longer in denial. She quit yesterday. Unfortunately, the best-known pepper sprayer, Lt. John Pike, remains on paid leave, and UC Davis Chancellor Linda Katehi, whose nod-and-a-wink instructions to the campus police in direct contravention of the advice of the university’s legal department allowed this to happen, is still on the job. She should have been fired when the incident happened. She definitely should be fired now, and I hope she gets the crap sued out of her.

So all you fascists who were so unhappy because I concluded that the actions of the university and its law enforcement were objectively wrong, screw you. The only thing this report makes clear is that multiple indictments of state employees should have occurred over this. And screw anyone else who thinks pepper-spraying nonviolently resisting protesters in the United States of America should draw any response other than termination and a criminal assault charge.

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2 Comments »

  1. Memo from “facists” to the communist rabble and the leftists who suport those scum who begged to be pepper sprayed , ( since open season for name calling has been declared .)

    Srew the dirt bags.

    Mind numbing protests meet pepper spray

    “You have to really work at it to get arrested at a University of California campus protest. University administrators look at protest as part of the education process — and they frequently issue memos stating how much they agree with
    left-wing causes. Administrators don’t want campus police to arrest students — especially students who attend demonstrations against state cuts to higher education.

    Thus, students have had to ramp up dissident behavior if they want to be handcuffed and detained. Campus activists have begun to follow Occupy Wall Street’s lead and set up tents to create illegal encampments. When campus police have threatened to take away the tents, protesters have engaged in what some police departments call “active resistance” — such as linking arms to prevent police from doing their jobs.

    On Nov. 18, 2011, a group of demonstrators won a great victory for their cause. In flagrant violation of campus rules, they set up tents in the UC Davis quad. Police were sent to disperse the encampment. As officers began to arrest protesters, students surrounded police as they chanted, “If you let them go, we will let you leave.” They linked arms and eventually goaded two campus cops to use pepper spray.

    ………………………………………………….

    The Reynoso report has a great deal to say about the department’s unnecessary use of pepper spray Nov.
    18, but it barely deals with the need to educate students about the difference between free speech and civil disobedience. That is, other than recommending that UC consistently support free speech and protest while communicating “the consequences for breaches of the rules and policies,” it doesn’t sufficiently address the issue of student ignorance. It doesn’t plainly recommend that know-it-all students be told that they can be jailed — and police are authorized to use force — when they break laws against trespassing and illegal encampment.”

    Comment by Fred Gregory — Friday, April 20, 2012 12:35 am @ 12:35 am | Reply

  2. Sorry, Fred, but the report says you’re wrong. The students consulted with university legal officials. They knew what they were doing, and they knew that they were liable to be arrested and were willing to be. And if that had been all that had happened, I would have had no problem with it. But the cops, in extremely disorganized fashion, started improvising, in significant part because the chancellor made it pretty damn clear she didn’t really care what happened. It’s in the report. It’s against policy to use pepper spray against nonviolent protesters, period, end of story, and all your whining and all Saunders’s whining don’t change the facts. Because all other things being equal, I’ll take the word of a retired associate justice of the California Supreme Court over right-wing-tool-with-occasional-moments-of-lucidity Debra Saunders every damn time.

    Comment by Lex — Friday, April 20, 2012 8:23 am @ 8:23 am | Reply


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