Occupy Portland Protester Files Excessive Force Suit

[Nate Dogg]

Talk about painful.

A woman who was pepper sprayed by Portland police during the Occupy protests nearly a year ago plans to file a civil suit on Friday, alleging excessive force.

The suit accuses two Portland police officers -- officers Doris Paisley and Jeffrey McDaniel -- of using excessive force against Liz Nichols, who was arrested on Nov. 17 outside Chase Bank on the corner of Southwest Yamhill and Sixth Avenue. The suit says that Paisley pushed her baton against Nichols' throat and shoved her backward, stopping Nichols' breathing. When Nichols shouted back, the suit says, McDaniel gave her a face-full of pepper spray.

The suit, announced by Nichols' attorney Kenneth Kreuscher, also accuses the city of Portland of adopting an unconstitutional policy of using pepper spray as a means of crowd control during demonstrations of what it categorized as peaceful protesters.

McDaniel sprayed several people during the anti-bank protests but the blast against Nichols was captured in a photograph by The Oregonian's Randy L. Rasmussen. The photograph was included in the New York Times Pictures of the Year in 2011 and earned first place for breaking news in the National Headliners awards.

Kreuscher, who announced the suit, said in a news release he will file it Friday in Multnomah County Courthouse. The two will also hold a news conference at 10 a.m. The suit will mark the latest action in the long-running litigation. Nichols' currently faces what amounts to a traffic violation in a trial scheduled for Oct. 8.

Source: http://www.oregonlive.com/portland/...ester_pepper_spraye.html#incart_river_default

 

[donkiez]

Im not sure who to be disgusted by more. The cop who probably was a jerk and went beyond what was necessary, or the protester who is obviously now just trying to get paid. Great picture of the girl getting a pepper spray facial though.

 

[Mediocre Man]

If the cops said disperse and she didn't disperse then it's her fault

 

[DaLincolnJones]

That whole "peacefull protest" thing made me laugh.

and

I cant help it, but the look on her face, would be classic in a 70s porno..

 

[TradeNurkicNow]

lol a peaceful protester was assaulted by the police

let's make fun of her

 

[Mediocre Man]

lol a peaceful protester was assaulted by the police

let's make fun of her

lol someone assuming she was acting peaceful

 

[DaLincolnJones]

lol a peaceful protester was assaulted by the police

let's make fun of her

yeah, if I have a thousand protesters, I usualy spray the quiet, compliant one....and if you dont think she looks like she jucst took a load in the face, well its cool, still want to send it to 4chan and turn the freaks loose on it.

and yeah, to have her file at this time...pfft, what happens if she wins? you think she joins the "one percent"? or does she hang out with the homeless again...should award her X amount, then charge her for "damages" or "security" in the exact amount.

 

[EL PRESIDENTE]

she wanted it. oh yeah. otherwise she wouldn't have swallowed.

 

[TradeNurkicNow]

lol someone assuming she was acting peaceful

She's in front of dozens of storm troopers. What's she going to do?

yeah, if I have a thousand protesters, I usualy spray the quiet, compliant one

A quiet, compliant protester is hardly a protester. Good to know that using our freedom of assembly AND having emotions = pepper spray to the face and then getting mocked on the internet. Though if the protester getting a face full of pepper spray was male, this thread probably never would have been started.

and yeah, to have her file at this time...pfft, what happens if she wins? you think she joins the "one percent"? or does she hang out with the homeless again...should award her X amount, then charge her for "damages" or "security" in the exact amount.

So, you're saying that people in the Occupy Wall Street movement with "hang out" with homeless people? Because that's bad, right?

she wanted it. oh yeah. otherwise she wouldn't have swallowed.

Which part of the Road to Serfdom involves getting pepper sprayed in the face?

 

[donkiez]

A quiet, compliant protester is hardly a protester. Good to know that using our freedom of assembly AND having emotions = pepper spray to the face and then getting mocked on the internet. Though if the protester getting a face full of pepper spray was male, this thread probably never would have been started.

We obviously dont know enough about the situation to say if she was compliant or if the cop was in line, my guess is neither. Based on what we do know, however that chick got straight up pepper spray bukkake and it looks funny as shit, so of course I am going to laugh at it. If was a guy with the same expression I would probably laugh harder.

 

[BLAZER PROPHET]

It's interesting one of the 99% is trying to become one of the 1% via suing. No surprise there.

 

[MARIS61]

The picture appears to show unprovoked assault by the cops while the girl stands with her hands down and behind her.

Portland cops have always been the lowest of the low.

 

[Denny Crane]

When I was growing up, protesters would get hit over the head with nightsticks. This pepper spray business is coddling them way too much.

The whole point of protesting is to take a nightstick over the head for a good cause. And to spend jail time if necessary. If this were not true, then nobody would protest for fear of the nightstick and jail.

 

[DaLincolnJones]

Hoojacks,

dumbass girl, funny pic

fuck occupy

who cares

what denny said

 

[TradeNurkicNow]

DaLincolnJones,

that's awfully dismissive to the larger issues apparent from the picture

how dare those millions of people use their constitutional right of assembly

lots of people

denny said that if you're not getting billy-clubbed, you're not a real protester. yeah okay

Glad you could make an intelligent showing.

 

[EL PRESIDENTE]

these protestors weren't there for a quiet protest. they are there to incite the police to start using force, get it on video and cry while getting dragged away. its the m.o. of these people. they are nothing more than attention whores and anarchists who want to play the role of victim.

 

[TradeNurkicNow]

said the person who feels threatened by millions of people protesting his career and lifestyle

 

[DaLincolnJones]

larger issues...hmm, the pic only gives a sliver of information, I would not dare to form a trun opinion ov the event based only that alone. what I enjoy is the humor of the shot. If you dont find it funny, thats ok.

I have no problem with protesting,I have done so myself. Occupy turned out to be a rabble and a joke in my opinion. I have zero respect for them.

and yeah, a few decades ago, that is what those who protested knew the had a chance of dealing with. Odd thing, the press was not on the side of those who held sit in etc, so when the cops got hard assed, well, they wher cheered, or even ignored by the media. Now days, the press tries its best to make these occupy fools to be heros, go figure.

 

[PtldPlatypus]

I think it important to define the concept of "peaceable assembly"--and understand the government's role in relation thereto--for the purposes of this discussion:

http://www.revolutionary-war-and-beyond.com/freedom-of-assembly-clause.html

The right to assemble is not an absolute right. There are some restrictions on this right as there are with other rights. The right to assemble is not as strongly protected by the government as other rights, such as the freedom of speech. This is because groups that assemble often do so, not with just speech, but with some type of conduct, such as picketing, protesting, marching or gathering in a park, which may disrupt the peace.

The courts have ruled that, while it is the responsibility of the government to protect the people's right to assemble, it is also the government's responsibility to keep the peace. Because of this, the courts have allowed governments to make reasonable restrictions on the time, place and manner of these assemblies. The government may place restrictions on the right to assemble that will maintain law and order, facilitate traffic, protect private property and reduce noise congestion.

 

[Denny Crane]

DaLincolnJones,

that's awfully dismissive to the larger issues apparent from the picture

how dare those millions of people use their constitutional right of assembly

lots of people

denny said that if you're not getting billy-clubbed, you're not a real protester. yeah okay

Glad you could make an intelligent showing.

My comment is that I think protesters have gotten soft. Of course the police shouldn't pepper spray or otherwise physically harm peaceful protesters. But I do think pepper spray is a temporary inconvenience and far less a threat to someone's long term health than a club over the head.

 

[BLAZINGGIANTS]

yeah, if I have a thousand protesters, I usualy spray the quiet, compliant one....and if you dont think she looks like she jucst took a load in the face, well its cool, still want to send it to 4chan and turn the freaks loose on it.

and yeah, to have her file at this time...pfft, what happens if she wins? you think she joins the "one percent"? or does she hang out with the homeless again...should award her X amount, then charge her for "damages" or "security" in the exact amount.

How ironic is it that she was protesting about the current system.... and here she is trying to take advantage of the current system. Many of the protestors were out there to bitch because they don't want to work hard and earn shit the proper way. But then, an opportunity comes along, she take advantage of the system in the name of injustice and abuse.

This is as pathetic as the couple that sued the local hospital over incorrect prenatal test results.

 

[Further]

I fully understand those who do not agree with the protesters or the "movement", but it's shameful and will be the downfall of our great nation that you do not see a problem with the police using force to hinder free speech. I don't care so much about girl getting peppersprayed as I do about the message that it sends to all the other observers. This is wrong, it is un-American, and those who do not stand up now may find there is nobody left to stand up for you when the government comes for something you care about.

 

[BlazerWookee]

So, protest the 1% by initiating conflict with the police in hopes of inciting one or more officers into overreacting, then hire a member of the 1% to sue the government on your behalf in hopes of joining the 1%?

Beats my "Heckle Artest until he punches me" retirement plan...

 

[BlazerWookee]

I fully understand those who do not agree with the protesters or the "movement", but it's shameful and will be the downfall of our great nation that you do not see a problem with the police using force to hinder free speech. I don't care so much about girl getting peppersprayed as I do about the message that it sends to all the other observers. This is wrong, it is un-American, and those who do not stand up now may find there is nobody left to stand up for you when the government comes for something you care about.

Thing is, she wasn't pepper sprayed to hinder her free speech. She was pepper sprayed for being an asshole. Should she have been pepper sprayed? I wasn't there, probably not, but who's to say. If the cop overreacted, he should be disciplined. I'd be interested in seeing video of the ten minutes or so leading up to the spraying...

 

[DaLincolnJones]

Thing is, she wasn't pepper sprayed to hinder her free speech. She was pepper sprayed for being an asshole. Should she have been pepper sprayed? I wasn't there, probably not, but who's to say. If the cop overreacted, he should be disciplined. I'd be interested in seeing video of the ten minutes or so leading up to the spraying...

well, you do realize that occupy is known for being a reasonable group of people..

 

[TradeNurkicNow]

How ironic is it that she was protesting about the current system.... and here she is trying to take advantage of the current system. Many of the protestors were out there to bitch because they don't want to work hard and earn shit the proper way. But then, an opportunity comes along, she take advantage of the system in the name of injustice and abuse.

Typical republican bullshit.

 

[DaLincolnJones]

Come on Hoo, you have to admit that party has zero to do with how most feel about occupy. Given that ther message was muddeled, and their demands were varied, there were those that felt that they should nothave to repay school loans to demanding free housing, to redivision of all the wealth in the US.

Sounds to me that it would be hard to argue with Blazinggiants post there..

 

[TradeNurkicNow]

Come on Hoo, you have to admit that party has zero to do with how most feel about occupy.

No. Republicans have been saying for years the exact same thing about anyone getting government handouts.

Given that ther message was muddeled, and their demands were varied, there were those that felt that they should nothave to repay school loans to demanding free housing, to redivision of all the wealth in the US.

The message and demands were varied because it was largely an organic movement without any clear leader. It was a collection of concerns, and of course the media chose to focus where they did, on the radicals, the homeless camps, and the folks getting pepper sprayed. The majority of Occupy protesters were there protesting against the rigged system of American capitalism, in which a handful of corporations have more say on what laws are passed than millions of ordinary people do.

Sounds to me that it would be hard to argue with Blazinggiants post there..

If we're talking about the woman taking advantage of the system to get a payday... sure. I can see how she should have taken the high road.

But, If we're talking about the protesters "not wanting to work hard" and "earn shit the proper way" (whatever that is), then no. That's tried and true bullshit of conservatives who use that argument against anyone who doesn't worship at the feet of the free market, or anyone who puts human dignity over corporate profits. Fuck. That. Shit.

 

[BLAZINGGIANTS]

Typical republican bullshit.

Typical ignorant democratic bullshit.

And I'm not republican. Love when people are bitching and moaning about shit like this and they just throw stereotypes out there. Have something real to say or STFU!! Don't respond with ignorant stereotypes.

 

[BLAZINGGIANTS]

If we're talking about the woman taking advantage of the system to get a payday... sure. I can see how she should have taken the high road.

But, If we're talking about the protesters "not wanting to work hard" and "earn shit the proper way" (whatever that is), then no. That's tried and true bullshit of conservatives who use that argument against anyone who doesn't worship at the feet of the free market, or anyone who puts human dignity over corporate profits. Fuck. That. Shit.

She's supposedly out there protesting the free handouts the banks received. Now, she's jumping at the chance to do the same. That was my main point of all this. I'm not trying to say everyone out there didn't want to work hard blah blah blah - sorry if my words made that confusing. But she put herself in with that crowd acting like she was a legit part of the movement, and then she jumped at a quick bailout. Makes her a hypocrite IMO. She's doing essentially the same thing that she's supposedly out there protesting.