(1) Police Brutality at UC Davis Watch the video for yourself. Watch to the end–there’s a happy ending!
Find another video of the same scene here.
Good coverage at the Davis Enterprise.
A useful primer on the legalities of pepper spray and excessive force. Here’s the money quote (this is from Vineyard v. Wilson and Stanfield, but the primer reviews several cases, including the 9th Circuit Court of Appeals case Headwaters v. County of Humboldt):
“To balance the necessity of the use of force used against the arrestee’s constitutional rights, a court must evaluate several factors, including ‘the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.’” The court continued: “In determining if the force was reasonable, courts must examine (1) the need for the application of force, (2) the relationship between the need and the amount of force used, and (3) the extent of the injury inflicted.” Graham dictates unambiguously that the force used by a police officer in carrying out an arrest must be reasonably proportionate to the need for that force, which is measured by the severity of the crime, the danger to the officer, and the risk of flight.”
And here’s a letter from a assistant professor of English at UC Davis, calling for the chancellor’s resignation (brave for a junior faculty member):
Open Letter to Chancellor Linda P.B. Katehi
18 November 2011
Open Letter to Chancellor Linda P.B. Katehi
Linda P.B. Katehi,
I am a junior faculty member at UC Davis. I am an Assistant Professor in the Department of English, and I teach in the Program in Critical Theory and in Science & Technology Studies. I have a strong record of research, teaching, and service. I am currently a Board Member of the Davis Faculty Association. I have also taken an active role in supporting the student movement to defend public education on our campus and throughout the UC system. In a word: I am the sort of young faculty member, like many of my colleagues, this campus needs. I am an asset to the University of California at Davis.
You are not.
I write to you and to my colleagues for three reasons:
1) to express my outrage at the police brutality which occurred against students engaged in peaceful protest on the UC Davis campus today
2) to hold you accountable for this police brutality
3) to demand your immediate resignation
Today you ordered police onto our campus to clear student protesters from the quad. These were protesters who participated in a rally speaking out against tuition increases and police brutality on UC campuses on Tuesday—a rally that I organized, and which was endorsed by the Davis Faculty Association. These students attended that rally in response to a call for solidarity from students and faculty who were bludgeoned with batons, hospitalized, and arrested at UC Berkeley last week. In the highest tradition of non-violent civil disobedience, those protesters had linked arms and held their ground in defense of tents they set up beside Sproul Hall. In a gesture of solidarity with those students and faculty, and in solidarity with the national Occupy movement, students at UC Davis set up tents on the main quad. When you ordered police outfitted with riot helmets, brandishing batons and teargas guns to remove their tents today, those students sat down on the ground in a circle and linked arms to protect them.
Without any provocation whatsoever, other than the bodies of these students sitting where they were on the ground, with their arms linked, police pepper-sprayed students. Students remained on the ground, now writhing in pain, with their arms linked.
What happened next?
Police used batons to try to push the students apart. Those they could separate, they arrested, kneeling on their bodies and pushing their heads into the ground. Those they could not separate, they pepper-sprayed directly in the face, holding these students as they did so. When students covered their eyes with their clothing, police forced open their mouths and pepper-sprayed down their throats. Several of these students were hospitalized. Others are seriously injured. One of them, forty-five minutes after being pepper-sprayed down his throat, was still coughing up blood.
This is what happened. You are responsible for it.
You are responsible for it because this is what happens when UC Chancellors order police onto our campuses to disperse peaceful protesters through the use of force: students get hurt. Faculty get hurt. One of the most inspiring things (inspiring for those of us who care about students who assert their rights to free speech and peaceful assembly) about the demonstration in Berkeley on November 9 is that UC Berkeley faculty stood together with students, their arms linked together. Associate Professor of English Celeste Langan was grabbed by her hair, thrown on the ground, and arrested. Associate Professor Geoffrey O’Brien was injured by baton blows. Professor Robert Hass, former Poet Laureate of the United States, National Book Award and Pulitzer Prize winner, was also struck with a baton. These faculty stood together with students in solidarity, and they too were beaten and arrested by the police. In writing this letter, I stand together with those faculty and with the students they supported.
One week after this happened at UC Berkeley, you ordered police to clear tents from the quad at UC Davis. When students responded in the same way—linking arms and holding their ground—police also responded in the same way: with violent force. The fact is: the administration of UC campuses systematically uses police brutality to terrorize students and faculty, to crush political dissent on our campuses, and to suppress free speech and peaceful assembly. Many people know this. Many more people are learning it very quickly.
You are responsible for the police violence directed against students on the UC Davis quad on November 18, 2011. As I said, I am writing to hold you responsible and to demand your immediate resignation on these grounds.
On Wednesday November 16, you issued a letter by email to the campus community. In this letter, you discussed a hate crime which occurred at UC Davis on Sunday November 13. In this letter, you express concern about the safety of our students. You write, “it is particularly disturbing that such an act of intolerance should occur at a time when the campus community is working to create a safe and inviting space for all our students.” You write, “while these are turbulent economic times, as a campus community, we must all be committed to a safe, welcoming environment that advances our efforts to diversity and excellence at UC Davis.”
I will leave it to my colleagues and every reader of this letter to decide what poses a greater threat to “a safe and inviting space for all our students” or “a safe, welcoming environment” at UC Davis: 1) Setting up tents on the quad in solidarity with faculty and students brutalized by police at UC Berkeley? or 2) Sending in riot police to disperse students with batons, pepper-spray, and tear-gas guns, while those students sit peacefully on the ground with their arms linked? Is this what you have in mind when you refer to creating “a safe and inviting space?” Is this what you have in mind when you express commitment to “a safe, welcoming environment?”
I am writing to tell you in no uncertain terms that there must be space for protest on our campus. There must be space for political dissent on our campus. There must be space for civil disobedience on our campus. There must be space for students to assert their right to decide on the form of their protest, their dissent, and their civil disobedience—including the simple act of setting up tents in solidarity with other students who have done so. There must be space for protest and dissent, especially, when the object of protest and dissent is police brutality itself. You may not order police to forcefully disperse student protesters peacefully protesting police brutality. You may not do so. It is not an option available to you as the Chancellor of a UC campus. That is why I am calling for your immediate resignation.
Your words express concern for the safety of our students. Your actions express no concern whatsoever for the safety of our students. I deduce from this discrepancy that you are not, in fact, concerned about the safety of our students. Your actions directly threaten the safety of our students. And I want you to know that this is clear. It is clear to anyone who reads your campus emails concerning our “Principles of Community” and who also takes the time to inform themselves about your actions. You should bear in mind that when you send emails to the UC Davis community, you address a body of faculty and students who are well trained to see through rhetoric that evinces care for students while implicitly threatening them. I see through your rhetoric very clearly. You also write to a campus community that knows how to speak truth to power. That is what I am doing.
I call for your resignation because you are unfit to do your job. You are unfit to ensure the safety of students at UC Davis. In fact: you are the primary threat to the safety of students at UC Davis. As such, I call upon you to resign immediately.
Department of English
Program in Critical Theory
University of California at Davis
(2) Funny Video of Nov. 19th Actions in NYC: You have probably heard about the ridiculous police response to the inspiring day of actions in NYC. Things were pretty exciting (though on a much smaller scale) in Boston. My sister has been visiting from West Virginia, and we emerged from the South Station T exit into Dewey Square (where the #OccupyBoston encampment is) just as the solidarity march for #OWS NYC was arriving back at the square, with maybe a thousand marchers, who sang “Happy Birthday” for the two-month anniversary of the movement. After taking a tour of the encampment, we managed to hear a great talk by left economist Rick Wolff–I’ll post the video of that talk once our comrades from the Zinn Memorial Lecture Series make it available. Meanwhile, enjoy this funny video celebrating #OWS’s 11/17 day of action and the NYPD:
Here’s the original link.
(Odors? Really? And the farmers market seemed to get along great with the protesters, from what I could see.) But luckily some great folks from the Legal Working Group of #OccupyBoston had the foresight to ask a court to issue an injunction preventing the city from evicting us, which they did. Here’s the Boston Globe piece about it; download a pdf of the injunction itself here.
(4) Matt Taibbi Comes Around. Here’s a great article by Matt Taibbi of Rolling Stone that I keep forgetting to post. The main point I liked was his explanation of the idea, which we’ve discussed here, that Occupy “prefigures” a better society:
There was a lot of snickering in media circles, even by me, when I heard the protesters talking about how Liberty Square was offering a model for a new society, with free food and health care and so on. Obviously, a bunch of kids taking donations and giving away free food is not a long-term model for a new economic system.
But now, I get it. People want to go someplace for at least five minutes where no one is trying to bleed you or sell you something. It may not be a real model for anything, but it’s at least a place where people are free to dream of some other way for human beings to get along, beyond auctioned “democracy,” tyrannical commerce and the bottom line.
But read the whole thing–it’s great.
(5) Glenn Greenwald on Apparent Attempt to Co-opt #OWS for Obama. I would like to hear more about this: Glenn Greenwald on SEIU president Mary Kay Henry apparently attempting to co-opt #OWS for Obama’s re-election (SEIU has already endorsed him). (Interestingly, she was arrested in NYC on Nov. 17th, I heard.) It definitely sounds creepy and Greenwald is right that it seems likely to backfire.
That’s it for now.