Law enforcement and the Occupy movement explained

The Occupy movement has been met with a variety of responses from local police departments since its beginning in 2011.According to documents obtained by the Partnership for Civil Justice Fund,[1] the FBI, state and local law enforcement officials treated the movement as a potential criminal and terrorist threat[2] and used fusion centers[3] and counterterrorism agents to investigate and monitor the Occupy movement.[4]

Pepperspraying at Occupy Wall Street - September 24

At least 80 arrests were made on September 24,[5] Videos which showed several penned-in female demonstrators being hit with pepper spray by a police official were widely disseminated, sparking controversy.[6] That police official was identified as Deputy Inspector Anthony Bologna. After an investigation, Deputy Inspector Bologna, who makes an annual salary of $154,000, was transferred to a different station, and lost two weeks vacation time over the incident.[7]

Public attention to the pepper-sprayings resulted in a spike of news media coverage, a pattern that was to be repeated in the coming weeks following confrontations with police.[8] Clyde Haberman described the resultant public attention as a "big boost" that was "vital" for the still nascent Occupy movement.[9] [10]

Wounded veteran at Occupy Oakland - October 25

On October 25, 2011, Scott Olsen, a 24-year-old Iraq War veteran suffered a skull fracture caused by a projectile that witnesses believed was a tear gas or smoke canister fired by the police.[11] [12] A video by protesters shows the explosion of what appears to be a flash-bang device thrown by one officer near protesters attempting to aid Olsen.[13] The Associated Press later reported that it was not known exactly what kind of object had struck Olsen or who had thrown or fired it, but that protesters had been throwing rocks and bottles.[14] Olsen was rushed to the hospital by other protesters, who were fired upon with unknown police projectiles while attempting to aid him.[15] Doctors said that he was in critical condition. Scott Olsen has since undergone brain surgery. At least two other protesters were injured. No officers have been disciplined over the incident.[16]

The American Civil Liberties Union and National Lawyers Guild called for an investigation into the use of excessive force.[17]

Multiple incidents at Occupy Oakland - Nov 2/3

Videographer shooting

See main article: Campbell v. City of Oakland. Shortly before 1 am on November 3, Oakland resident Scott Campbell was shot by police using a less-lethal round while he was filming a stationary line of police in riot gear, hours after the 2011 Oakland general strike. The apparently unprovoked shooting was documented by the resulting point-of-view video from Campbell's own camera.[18]

Veteran beaten

Kayvan Sabeghi, a 32-year-old local business owner and former U.S. Army Ranger, was hit with a baton numerous times by a police officer then arrested on the evening of November 2, 2011.[19] While in police custody, he complained of severe pain and asked for medical treatment but was transferred to a hospital only after 14–18 hours of imprisonment. Sabeghi underwent emergency surgery for a ruptured spleen and remained in the intensive care unit.[20]

Journalist Arrested

Susie Cagle, a journalist, was arrested while wearing an Alternet press badge at the protests and was detained for 14 hours.[21]

Badge covered

On the November 2 protests, Officer John Hargraves was filmed having placed black tape over his name on his police uniform. When questioned by a civilian, Officer Hargraves refused to respond. The civilian then spoke with Lt. Clifford Wong, one of several nearby officers. Lt. Wong approached Officer Hargraves and silently removed the tape from the officer's uniform.

Internal Affairs Division learned of the events on November 4 and began an investigation."Deliberate concealment of a badge or name plate" is a Class I offense, the most serious classification. As a result, Officer Hargraves was ordered suspended for 30 days, but has remained on the job pending a disciplinary appeal. "Failure to report others who commit any Class I offense" is also a Class I Offense. Lt. Wong was demoted to the rank of Sergeant.[22]

In January 2012, a US District Court described the events as "the most serious level of misconduct" and noted that it is a crime for officers to conceal their names or badge numbers.[23] [24] The District Court is considering further sanctions against the involved officers.

Additionally, the District Court has stripped the Oakland Police Department of some of its independence, with a potential eye towards placing the Oakland Police under the control of a federal receivership.[25]

Incident at UC Berkeley - Nov 9

See main article: Occupy Cal.

On November 9, 2011, students and professors at UC Berkeley participated in a series of "teach-outs" around campus, a noon rally and march. Approximately 1,500 demonstrators attended the days' events.[26] The march route included a Bank of America location adjacent to campus. Not long after demonstrators set up seven tents in front of Upper Sproul Plaza in the mid-afternoon, law enforcement officials from UC Berkeley Police, the Alameda County Sheriff's Office and other UC Police officers in riot gear arrived to remove the tents.[27] [28] Protesters linked arms to form a human chain in front of the tents to prevent officers from dismantling the encampment. Police used 36-inch riot batons to "jab" and push back the protesters and to break the human chain.

Video footage of the afternoon confrontation shows police using batons and dragging two protesters by the hair, one of whom was UC Berkeley English professor Celeste Langan.[29] [30] 39 protesters, including Professor Langan, were arrested for charges including "resisting and delaying a police officer in the performance of their duties and failure to disperse when given a dispersal order."[31] Robert Hass, a UC Berkeley professor of poetry and former United States Poet Laureate, wrote about the police response in a November 19 New York Times opinion piece entitled "Poet-Bashing Police":

the deputies in the cordon surged forward and, using their clubs as battering rams, began to hammer at the bodies of the line of students. It was stunning to see. They swung hard into their chests and bellies. Particularly shocking to me — it must be a generational reaction — was that they assaulted both the young men and the young women with the same indiscriminate force. If the students turned away, they pounded their ribs. If they turned further away to escape, they hit them on their spines.[32]

Hass himself was hit in the ribs by a police officer wielding a baton. His wife Brenda Hillman was shoved to the ground by a police officer.

Pepperspraying at Occupy Seattle - November 15

On November 15, a march commenced from the Seattle Central Community College campus to Belltown. At one point during the march, a 17-year-old female swung a stick at an officer. After officers moved in to arrest the female the officers were hindered in their efforts, after issuing an order to disperse the officers deployed pepper spray to move subjects away from them so they could arrest the female suspect.[33] Police were filmed spraying the crowd of people with pepper spray. It was reported that the victims included "a 4-foot 10-inch, 84-year-old woman, a priest and a woman, Jennifer Fox, who claimed the pepper spray led to a miscarriage."[34] The 84-year-old woman, Dorli Rainey, is a former mayoral candidate and retired school teacher who has been active in City government on education and transportation issues since the 1960s. That night, Rainey was en route to City Hall to attend a scheduled meeting of the Seattle City Council's Transportation Committee.[35] Rainey had served on the school board, and in the 1970s ran for a seat on King County Council. In 2009, Rainey, then 82 years old, made a brief run for Seattle Mayor before withdrawing from the race citing her age: "I am old and should learn to be old, stay home, watch TV and sit still." However, regarding the possible miscarriage by Jennifer Fox, doubts have been cast on the truth of her claim.[36] [37]

Dorli Rainey was notably photographed as she was being carried away by friends after having been hit with the police's chemical spray.[38]

Pepperspraying at Occupy UC Davis - November 18

On November 18, UC Davis Police arrived wearing riot gear at 3:30 pm and began removing tents and arresting demonstrators obstructing the removal of tents. A group of demonstrators staged a sit-in on the walkway in the quad, linking arms together and refusing to move.[39] Students began surrounding campus police officers and demanded release of the detained protesters in return for letting the officers leave.[40] Campus police officers asked the demonstrators to move several times, but the students refused.[41]

Sometime around 4:00 pm, two officers began spraying pepper spray directly in the faces of the sitting students.[42] Bystanders recorded the incident with cell phone cameras, while members of the crowd chanted "Shame on you" and "Let them go" at the police officers.[43] Eleven protesters received medical treatment; two were hospitalized.[44] [45] [46]

According to university officials, the officers felt like they were surrounded by the demonstrators. One of the officers who used pepper spray on the students was identified as Lieutenant John Pike.[47] Ten arrests were made.[48] Arrestees were "cited and released on misdemeanor charges of unlawful assembly and failure to disperse". Police began to leave the area around 4:10 pm as more students began to arrive.[49]

Lieutenant John Pike and another unnamed UC Davis Police officer were placed on administrative leave shortly after the incident.[50] UC Davis Police Chief Annette Spicuzza was later placed on leave as well.[51]

Mass Arrest at Oakland - January 28

On January 28, 2012, Oakland Police arrested over 400 people, including at least six journalists.[52] [53] One of the imprisoned journalist emerged after 20 hours of imprisonment and reported witnessing police brutality and cruel treatment.[54] charges were dropped for virtually all of the 400 arrested individuals.[55]

The National Lawyers Guild of Northern California alleges a number of human rights abuses, including hundreds of unlawful arrests, physical assaults. The guild claims that many imprisoned protestors were being denied counsel or being denied medical care or medications.[56]

Stun gun use at Occupy DC - January 30

See main article: Occupy D.C.. On January 30, US Park Police were filmed using a stun gun several times during an arrest at Occupy DC. The man had been arrested for removing eviction notices, and tazed after resisting arrest.

Police Raid at Occupy Buffer Zone in Cyprus - April 6, 2012

See main article: Occupy Buffer Zone.

On April 6, 2012, strong police force from the Republic of Cyprus gathered in the area occupied by the activists and raided the occupied buildings at around 10:15pm. The operation included the anti-terrorist department and the anti-drug department of the police force.[57] Policemen, equipped with guns, helmets and batons smashed the door and entered the building.[58] A sequence of screaming and sounds of smashing and breaking followed.[59] The police reported that it made 28 arrests, including 11 minors and that it had confiscated 1 gram of cannabis.[59]

The police was reported to have used excessive and unjustified violence in the operation.[57] Eyewitnesses reported that the police repeatedly hit a 24-year-old woman, "causing a massive bump to her forehead, as well as multiple cuts and bruises".[57] Reports were also made of sexual assault on a 19-year-old woman,[57] the beating of two activists that were arrested in the building,[60]

Notes and References

  1. News: Naomi Wolf. Revealed: how the FBI coordinated the crackdown on Occupy. . December 29, 2012. August 26, 2013.
  2. News: Hines . Alice . FBI Investigated 'Occupy' As Possible 'Terrorism' Threat, Internal Documents Show . blogpost . . December 23, 2012 . December 26, 2012 . In certain documents, divisions of the FBI refer to the Occupy Wall Street protests as a "criminal activity" or even "domestic terrorism.".
  3. Web site: Surveillance of Occupy groups (PDF).
  4. News: Schmidt. Michael S.. Moynihan. Colin. F.B.I. Counterterrorism Agents Monitored Occupy Movement, Records Show . . December 24, 2012. December 26, 2012. Since the Sept. 11, 2001, attacks, the F.B.I. has come under criticism for deploying counterterrorism agents to conduct surveillance and gather intelligence on organizations active in environmental, animal-cruelty and poverty issues..
  5. Web site: Smith. Candice. Occupy Wall Street Movement Reports 80 Arrested Today in Protests. abc. September 25, 2011.
  6. News: Christina Boyle and John Doyle. Pepper-spray videos spark furor as NYPD launches probe of Wall Street protest incidents. The Daily News. January 8, 2012. New York. September 29, 2011.
  7. News: Pepper-Spray Cop Is Punished, Sort Of . Huffington Post . Inae . Oh . October 26, 2011.
  8. News: Nate Silver. Police Clashes Spur Coverage of Wall Street Protests. The New York Times. October 11, 2011. October 7, 2011. Nate Silver.
  9. News: Clyde Haberman. A New Generation of Dissenters. The New York Times. October 11, 2011. October 10, 2011.
  10. http://cityroom.blogs.nytimes.com/2011/10/13/overtime-solidarity-and-complaints-in-wall-st-protests// Overtime, Solidarity and Complaints in Wall St. Protests
  11. News: Henderson . Peter . Randewich . Noel . Oakland protesters plan march, mayor apologizes . Reuters . October 29, 2011 . October 29, 2011 . Olsen, 24, [ ... ], was struck in the head by a tear gas canister fired on Tuesday by police, protest organizers said..
  12. News: Flock . Elizabeth . Iraq veteran Scott Olsen now in 'fair' condition . blogPOST . . October 27, 2011 . October 29, 2011.
  13. News: Gabbatt . Adam . Scott Olsen injuries prompt review as Occupy Oakland protests continue . . United Kingdom . October 26, 2011 . October 29, 2011.
  14. News: Iraq war vet injured during Oakland protests . Boston.com . October 26, 2011 .
  15. News: Adam Gabbatt . Occupy Oakland: Iraq war veteran in critical condition after police clashes . The Guardian . October 26, 2011. October 29, 2011 . London.
  16. News: Occupy Oakland: police to be investigated over Scott Olsen injury . London . The Guardian . Adam . Gabbatt . November 1, 2011.
  17. News: Bender . Kristen . Occupy Oakland protesters return downtown to claim Frank Ogawa Plaza . October 27, 2011 . Oakland Tribune . October 26, 2011.
  18. Web site: Experts: "Occupy" video shows excessive force.
  19. News: Gabbatt. Adam. Occupy Oakland: footage shows police beating 'peaceful' Iraq war veteran. November 21, 2011. The Guardian. November 18, 2011. London.
  20. News: Randewich. Noel. Army veteran injured in Oakland clashes with police. November 6, 2011. Reuters. November 4, 2011.
  21. News: Daetz. Ama. Journalist arrested while covering Oakland protest. November 21, 2011. KGO-TV. November 3, 2011. https://web.archive.org/web/20111204133129/http://abclocal.go.com/kgo/story?section=news%2Flocal%2Feast_bay&id=8418546. December 4, 2011. live.
  22. Web site: Oakland cops disciplined for name-covering episode. Henry K.. Lee.
  23. Web site: Judge rules covered police badge serious violation. Bob. Egelko.
  24. http://docs.justia.com/cases/federal/district-courts/california/candce/3:2000cv04599/41858/676/ Ruling
  25. See below, also Allen v. City of Oakland.
  26. News: Hollyfield. Amy. Occupy Cal calm, but ready for showdown. November 13, 2011. KGO-TV. November 10, 2011.
  27. News: Asimov. Nanette. Occupy Cal protesters vote to strike on Tuesday. November 13, 2011. San Francisco Chronicle. November 11, 2011.
  28. News: Asimov. Nanette. UC campus police move in on student protesters. November 13, 2011. San Francisco Chronicle. November 10, 2011.
  29. News: Gollan. Jennifer. UC Berkeley Pledges to Investigate Police Response to Occupy Cal Protest. November 13, 2011. The Bay Citizen. November 11, 2011. https://web.archive.org/web/20111113072040/http://www.baycitizen.org/occupy-movement/story/uc-berkeley-pledges-investigate-police/. November 13, 2011. dead. mdy-all.
  30. News: UC Berkeley Investigating Police Tactics. November 14, 2011. Jennifer Gollan. The Bay Citizen. November 22, 2011. https://web.archive.org/web/20111118013325/http://www.baycitizen.org/education/story/uc-berkeley-investigate-allegations/. November 18, 2011. dead. mdy-all.
  31. News: Bowe. Rebecca. Occupy Cal makes its dramatic entrance. November 13, 2011. San Francisco Bay Guardian. November 10, 2011.
  32. News: Hass. Robert. Poet-Bashing Police. November 27, 2011. The New York Times. November 19, 2011.
  33. Web site: Demonstration downtown, six arrested. Detective Jeff. Kappel. November 16, 2011. SPD Blotter.
  34. http://www.huffingtonpost.com/2011/11/16/pregnant-teen-elderly-wom_n_1096895.html "Huffington Post November 16th 2011"
  35. http://slog.thestranger.com/slog/archives/2011/11/15/dorli-rainey-84-pepper-sprayed-by-spd-at-occupy-seattle-protest "The Stranger Slog November 15th 2011"
  36. Web site: The Seattle Times | Local news, sports, business, politics, entertainment, travel, restaurants and opinion for Seattle and the Pacific Northwest.. www.seattletimes.com.
  37. Web site: Stranger Slog "November 22nd 2011" . May 9, 2012 . March 29, 2012 . https://web.archive.org/web/20120329230718/http://slog.thestranger.com/slog/archives/2011/11/22/questioning-the-accuracy-of-jennifer-foxs-miscarriage-claim . dead .
  38. Web site: "The Atlantic Wire November 2011" . May 9, 2012 . February 28, 2012 . https://web.archive.org/web/20120228115313/http://www.theatlanticwire.com/national/2011/11/84-year-old-woman-becomes-pepper-sprayed-face-occupy-seattle/45035/ . dead .
  39. Memmott, M. (November 21, 2011). UC Davis Pepper-Spraying: Police Chief Put On Leave, Chancellor Speaks. National Public Radio.
  40. News: Castle. Adam. What Really Happened At The "Occupy" UC Davis Confrontation. December 12, 2011. Pipeline News. December 12, 2011.
  41. Burr, E. (November 30, 2011). Los Altos native pepper-sprayed at UC Davis protests. Los Altos Town Crier.
  42. News: California university launches inquiry into pepper spray of protesters. CNN. November 20, 2011. November 21, 2011.
  43. CBS Sacramento. (November 18, 2011). Police Defend Use Of Force On ‘Occupy UC Davis’. CBS.
  44. Web site: UCD to review pepper-spraying, clearing of protesters. Davis Enterprise. November 19, 2011.
  45. News: . UC Davis Police Brutally Pepper Spray OWS Protesters Sitting Peacefully on Campus . Julie . Kent . November 19, 2011 . November 21, 2011 . dead . https://web.archive.org/web/20111122031552/http://www.clevelandleader.com/node/17846 . November 22, 2011 . mdy-all .
  46. Guy Adams, Outcry over 'chilling' campus pepper spray use, The Independent, November 20, 2011
  47. Web site: Video: In Pepper Spray Aftermath UC Davis Professor Demands Chancellor's Resignation - Huliq. November 22, 2011. huliq.com.
  48. Web site: UC Davis pepper spray incident goes viral. Christian Science Monitor.
  49. CBS Sacramento. (November 18, 2011). ‘Occupy UC Davis’ Protesters Vow To Stay Despite Police Raid. CBS.
  50. News: Wells. Matt. UC Davis police placed on leave after pepper spray video outrage. November 22, 2011. The Guardian. November 20, 2011. London.
  51. Web site: UC Davis police chief put on leave as tensions continue to rise after pepper spray incident.
  52. Washington Post - OCCUPY OAKLAND: After 2nd arrest, comics journalist Susie Cagle shares her on-the-ground experience
  53. News: Aronsen. Gavin. Journalists—Myself Included—Swept Up in Mass Arrest at Occupy Oakland. January 31, 2012. Mother Jones. January 29, 2012.
  54. Yael Chanoff - Occupy Oakland inmates at Santa Rita attacked- developing story
  55. SFist - Charges dropped against all but a dozen Occupy Oakland folks
  56. National Lawyers Guild of San Francisco Police Violence Targets Occupy Oakland Demonstration
  57. Web site: Tensions high after police raid - Cyprus Mail . 2012-05-09 . dead . https://web.archive.org/web/20120409131952/http://www.cyprus-mail.com/cyprus/tensions-high-after-police-raid/20120408 . April 9, 2012 .
  58. Web site: Σκηνες ντροπης στο οδοφραγμα . he . Scenes of shame at the barricade . https://web.archive.org/web/20150924075336/http://www.politis-news.com/cgibin/hweb?-A=217887&-V=articles . 2015-09-24.
  59. Web site: Police raid on peace movement nets one gramme of cannabis - Cyprus Mail . 2012-05-09 . dead . https://web.archive.org/web/20120611044721/http://www.cyprus-mail.com/police-raid/police-raid-peace-movement-nets-one-gramme-cannabis/20120407 . June 11, 2012 .
  60. and for unjustified violence on the crowd of activists and passers by that had gathered outside the building.

    References