University of California to pay nearly $1M to pepper-sprayed Occupy protesters

A video still from the viral video "Police pepper spraying and arresting students at UC Davis." / YouTube/terrydatiger

(AP) SAN FRANCISCO - The University of California has agreed to pay $1 million to settle a lawsuit filed by demonstrators who were pepper-sprayed during an Occupy protest at UC Davis last fall, according to a preliminary settlement filed Wednesday.

The Nov. 18, 2011, incident prompted national outrage, angry campus protests and calls for the resignation of Chancellor Linda Katehi after online videos shot by witnesses went viral.

Images of a police officer casually spraying orange pepper-spray in the faces of nonviolent protesters became a rallying symbol for the Occupy Wall Street movement. The demonstrators had been protesting steep tuition hikes and police brutality.

Under the proposed settlement, UC would pay $30,000 to each of 21 plaintiffs named in the complaint and an additional $250,000 for their attorneys to split.

Katehi, who has publicly apologized for the incident, would be required to issue a formal written apology to each of the plaintiffs, who are current students or recent alumni

One year later: Occupy in disarray but spirit lives on
UC Davis officer who pepper-sprayed students at "Occupy" rally, no longer works at the university
Annette Spicuzza, UC Davis police chief, resigning after pepper spray controversy

UC and plaintiffs represented by the American Civil Liberties Union filed the preliminary settlement in U.S. District Court in Sacramento. The agreement, which was approved by the UC Board of Regents in mid-September, is subject to the approval of a federal judge, and parties have the right to appeal.

The settlement also calls for UC to set aside $100,000 to pay other individuals who can prove they were arrested or pepper-sprayed. The university would give the ACLU up to $20,000 for its work reviewing free speech and protest policies at UC Davis.

"It was felt that the proposed settlement was in the best interest of the university," said UC spokesman Steve Montiel.

UC officials believe the cost of going to trial would be more expensive than the cost of settling the lawsuit, Montiel said.

Plaintiff Fatima Sbeih, who recently graduated with an international studies degree, said she suffered panic attacks and nightmares after she was pepper-sprayed on the UC Davis Quad.

"I want to make sure that nothing like this happens again," Sbeih said in a statement. "The university still needs to work to rebuild students' trust and this settlement is a step in the right direction."

A task force report released in April blamed the incident on poor communication and planning throughout the campus chain of command, from the chancellor to the pepper-spraying officers, and concluded the situation could have been prevented.

"The settlement should be a wake-up call for other universities and police departments," said Michael Risher, staff attorney with the ACLU of Northern California. "If the First Amendment means anything, it's that you should be able to demonstrate without being afraid of police violence."

Last week, Yolo County prosecutors said the UC Davis officers who fired the pepper-spray won't face criminal charges because there is not enough evidence to prove the use of force was illegal.

[Moravecglobal]

Over one million dollars in adm, consultant, legal expenses incurred by University of California senior management for the $1 million pepper spray settlement.. Californians shell out $2 million for incompetent University of California senior management. Two million dollars that could be used for in-state California students.
Prop 30, 38 funding will be spent by incompetent University of California senior management

[Whereistruth]

The UC system is wise in making a settlement. A court trial would be very expensive financially and otherwise. They realize that there is no excuse for their stupid decisions. The question is, will they change? Keep in mind that our nation was founded by people who defied conventional thinking and built something better than what King George had to offer.

[gordonhilgers]

So. Basically you're saying that, because the mainstream commercial media isn't reporting on Occupy, this means Occupy is in disarray? We've seen this technique used before. I remember. After the 1968 Democratic Convention's police riot, people in high places decided it would be best not to show citizens using their right to protest the government (or in this case the corporatism we've become) on television. I didn't know that entailed that Occupy no longer exists.

[Geomike99]

Eh, pepper spray is nonviolent (just like the protesters), and it is not nearly as bad as OC spray or CS gas. My unit routinely trains by being exposed to CS gas and $30k is more than I make in a year. It sounds like soldiers and Marines should all quit serving in the armed forces and just go provoke police officers instead- we would make a much better living.

[lesliep4819]

And, guess what? No force is to be used that is not necessary to effect an arrest, or protect an officer. The pepper spraying of these protesters, sitting down on a sidewalk, was necessary for neither. It was just a jerk with a control issue showing what a big 'can' he had. He's not the kind of person we need in uniform, and if you think inflicting pain (and possible serious injury) on peaceful protesters is the right thing for a public servant to do, you may not be either.

[JustSayin123]

Because California has so much money to give away...

[jasoncsaki]

Now, the victems should be allowed to spray pepper spray in that disgusting pig's face.

[GhostCoyote]

When I attended UC Davis there were protests for something new every week, but it was always the same old people with new signs (sometimes not even new signs. I saw the same guy with the same Palestinian flag on multiple occasions.) While the officer was in the wrong, obviously, for using the OC fogger on the students, I have no sympathy for the students who were told to desperse and did not do so. When students disrupt classes or traffic, all they did was alienate me from their cause and push me farther away.