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US Air Force scrubs drone strike data from reports

RT | March 9, 2013

The US Air Force has stopped sharing information on the number of drone strikes in Afghanistan. Going one step further, it has removed those statistics from prior reports on its website.

The Air Force’s Central Command began keeping track of drone weapon releases in October 2012, according to the Air Force Times. The move was described at that time as a bid to “provide more detailed information on [drone] ops in Afghanistan,” said Central Command spokeswoman Capt. Kim Bender, the magazine reports.

Statistics were recorded as part of the policy for November, December and January. But when February’s numbers were published on March 7, there was only a blank space where the drone statistics were normally placed.

And beyond that, the monthly reports posted to the Air Force’s website had the drone data removed from them in recent weeks, with the data still being posted as late as February 16.

The data wipe comes as drone-use has fallen under close scrutiny in connection with the nomination of John Brennan to lead the CIA. Brennan faced fierce opposition in the Senate, though he was ultimately approved, because of his defense of drone use while acting as President Barack Obama’s national security adviser.

March 9, 2013 Posted by | Civil Liberties, Progressive Hypocrite, War Crimes | , | Leave a comment

John Brennan Sworn in as CIA Director Using Constitution Lacking Bill of Rights

Emptywheel | March 8, 2013

According to the White House, John Brennan was sworn in as CIA Director on a “first draft” of the Constitution including notations from George Washington, dating to 1787.

Vice President Joe Biden swears in CIA Director John Brennan in the Roosevelt Room of the White House, March 8, 2013. Members of Brennan’s family stand with him. Brennan was sworn in with his hand on an original draft of the Constitution, dating from 1787, which has George Washington’s personal handwriting and annotations on it.

That means, when Brennan vowed to protect and defend the Constitution, he was swearing on one that did not include the First, Fourth, Fifth, or Sixth Amendments — or any of the other Amendments now included in our Constitution. The Bill of Rights did not become part of our Constitution until 1791, 4 years after the Constitution that Brennan took his oath on.

I really don’t mean to be an asshole about this. But these vows always carry a great deal of symbolism. And whether he meant to invoke this symbolism or not, the moment at which Brennan took over the CIA happened to exclude (in symbolic form, though presumably not legally) the key limits on governmental power that protect American citizens.

Update: Olivier Knox describes how the White House pushed the symbolism of this.

Hours after CIA Director John Brennan took the oath of office – behind closed doors, far away from the press, perhaps befitting his status as America’s top spy – the White House took pains to emphasize the symbolism of the ceremony.

“There’s one piece of this that I wanted to note for you,” spokesman Josh Earnest told reporters gathered for their daily briefing. “Director Brennan was sworn in with his hand on an original draft of the Constitution that had George Washington’s personal handwriting and annotations on it, dating from 1787.”

Earnest said Brennan had asked for a document from the National Archives that would demonstrate the U.S. is a nation of laws.

“Director Brennan told the president that he made the request to the archives because he wanted to reaffirm his commitment to the rule of law as he took the oath of office as director of the CIA,” Earnest said.

Update: I’m assuming this copy of the Constitution is the one Brennan used.

March 9, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite | , , , , | Leave a comment

France to ban website documenting police violence against Muslims

PressTVGlobalNews | March 6, 2013

March 7, 2013 Posted by | Civil Liberties, Subjugation - Torture, Video | , | Leave a comment

Police militarization comes under nationwide investigation

RT | March 07, 2013

The American Civil Liberties Union has launched a campaign to investigate the growing trend of placing militarized police units in cities and towns across the country.

Doors busted down and windows smashed in. It’s becoming more of a regular occurrence each day in America as heavily-armed SWAT teams are being sent to the homes of suspects, often nonviolent ones, with enough firepower to take down a small army. In November, a botched raid ended with an 18-year-old girl in the hospital. Other incidents haven’t been exactly isolated either: guns get drawn on both grannies and grandkids alike, and equipping law enforcement officers with the means to make these nightmares become reality is easier by the day.

Police units across the US are becoming more like militaries than the serve-and-protect do-gooders that every young schoolboy once aspired to be. Not only are officers being trained to act with intensity as the number of these home invasions increase, but more and more police departments are being awarded arsenals of heavy-duty weaponry that are then being turned not onto members of al-Qaeda, but innocent children and unsuspecting house guests.

ACLU affiliates across the United States filed Freedom of Information Act requests with law enforcement agencies on Wednesday in hope of obtaining as much material as possible relevant to the ongoing expansion of small town police squads to heavily armed squadrons of soldiers.

“Federal funding in the billions of dollars has allowed state and local police departments to gain access to weapons and tactics created for overseas combat theaters – and yet very little is known about exactly how many police departments have military weapons and training, how militarized the police have become, and how extensively federal money is incentivizing this trend,” reads a statement released by the ACLU. “It’s time to understand the true scope of the militarization of policing in America and the impact it is having in our neighborhoods.”

On Wednesday, the ACLU issued a statement saying branches and affiliates in 23 states around the country filed over 255 public records requests only hours after the investigation was formally launched. The agencies hope that, by analyzing documents, can learn more about the extent that “federal funding and support has fueled the militarization of state and local police departments.”

“Equipping state and local law enforcement with military weapons and vehicles, military tactical training, and actual military assistance to conduct traditional law enforcement erodes civil liberties and encourages increasingly aggressive policing, particularly in poor neighborhoods and communities of color,” explains Kara Dansky, senior counsel for the ACLU’s Center for Justice. “We’ve seen examples of this in several localities, but we don’t know the dimensions of the problem.”

The ACLU says they want to know as much as possible about the type of training given to local SWAT officers, as well as information about the types of technology used by agencies around the country. Through the FOIA requests, the ACLU hopes to learn what types of weapons have been used, who they’ve been used on and what the end result has been. They also want documentation pertaining to the growing use of GPS technology, surveillance drones and any agreements between local police departments and the National Guard. The ACLU is also interested in any relationships between small law enforcement units and the US Departs of Defense and Homeland Security.

“The American people deserve to know how much our local police are using military weapons and tactics for everyday policing,” adds Allie Bohm, an advocacy and policy strategist for ACLU. “The militarization of local police is a threat to Americans’ right to live without fear of military-style intervention in their daily lives, and we need to make sure these resources and tactics are deployed only with rigorous oversight and strong legal protections.”

In 2011, the Department of Defense gave half-a-billion dollars’ worth of military machinery that would have been left otherwise unused to law enforcement agencies coast-to-coast. Among the items offered up to officers at no cost at all that year were grenade launchers, helicopters, military robots, M-16 assault rifles and armored vehicles. Before 2012 came to a close, figures for that year were expected to end with more than a 400 percent increase.

Peter Kraska, a criminologist at Eastern Kentucky University, tells journalist Radley Balko that while the militarization of police squads is indeed accelerating, it isn’t likely the ACLU will get all the answers they want.

“My experience is that they’ll have a very difficult time getting comprehensive, forthright information,” Kraska says. “If the goal here is to impose some transparency, you have to understand, that’s not what the SWAT industry wants.”

March 6, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture | , , , , , | Leave a comment

Historic ‘Plan Cóndor’ Trial Underway

By Sabrina Hummel | The Argentina Independent | March 6, 2013

Oral proceedings for the 24 suspects charged with crimes against humanity under the ‘Plan Cóndor’ trial began earlier this morning. The Federal Oral Court N° 1 will hear testimony from around 500 witnesses in a trial that is set to last for at least two years.

Operation Condor (as it is referred to in English) refers to a clandestine agreement between South American right wing dictatorships that sought to persecute and rid the Southern Cone of political dissidents, mainly leftists. Chile, Argentina, Bolivia, Brazil, Paraguay, and Uruguay were among the countries involved.

The plan allowed for political dissidents to be persecuted outside of their own countries. This was facilitated by the collaboration and exchange of information between the respective countries, the coordination of prisoner relocation, and the ‘disappearing’ of those who opposed them politically. Argentina’s ex dictator, Jorge Videla, is among those most heavily implicated in the plot.

The plan, referred to as an “annihilation device” by the federal prosecutor Miguel Angel Osorio, is responsible for 171 crimes committed in Argentina alone, most of which were carried out in the clandestine centre Automotores Orletti.

In an example of collaboration between the regimes, the daughter in law of Argentine poet Juan Gelman, María Claudia Irureta Goyena, was taken to a detention centre in Montevideo. She was killed after giving birth to her daughter, Macarena.

The human rights organisation Amnesty International said yesterday that, “the trial is a historic landmark in the fight against the impunity of crimes committed by authoritarian military governments during the 70s and 80s”.

Osorio has said that he is convinced of the existence of Operation Condor and that he believes its existence will be proved, above all, through “the actions of those implicated [in the plan] which prove that there was an illicit agreement to move people from one country to another”.

Videla, aged 87 and dressed in a blue suit and tie, listened to the opening accusations unperturbed. This is his fourth hearing related to crimes against humanity carried out under his dictatorship, when it is estimated that around 30000 people were ‘disappeared’.

March 6, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture, Timeless or most popular | , , , , , , , | Leave a comment

Israel’s ill treatment of Palestinian minor prisoners systematic: UN

Press TV – March 6, 2013

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The United Nations says the ill treatment of Palestinian minor inmates within the Israeli military detention system is “widespread, systematic and institutionalized.”

The UN children’s fund, UNICEF, said in a 22-page report on Wednesday that it has examined the Tel Aviv regime’s military court system for holding Palestinian children and found evidence of “cruel, inhuman and degrading treatment or punishment.”

Some 7,000 Palestinian children, aged between 12 and 17, have been arrested, interrogated and prosecuted by Israeli forces, the report said, adding that the majority of them were boys.

“In no other country are children systematically tried by juvenile military courts that, by definition, fall short of providing the necessary guarantees to ensure respect for their rights,” the report stated.

UNICEF analyzed the procedure employed by Israeli forces from arrest to trial of the children. It said many children were “aggressively awakened in the middle of the night by many armed soldiers and being forcibly brought to an interrogation centre tied and blindfolded, sleep deprived and in a state of extreme fear.”

Many of them faced mistreatment during the transfer process and forced to lie down on the floor of a vehicle for one day in some cases. They were also subjected to verbal or physical abuse, the report also noted.

“The interrogation mixes intimidation, threats and physical violence, with the clear purpose of forcing the child to confess,” the international body said, adding they were not accompanied by a lawyer or a family member during the interrogation.

“Children have been threatened with death, physical violence, solitary confinement and sexual assault, against themselves or a family member,” it said, adding that they were restrained during the questioning even for extended periods of time.

The maximum penalty for minor inmates, aged 12 to 13, is six months. However, it could be extended to 20 years for those who are over 14. The vast majority of Palestinian children have been arrested for throwing stones.

“The principal evidence against the child is the child’s own confession, in most cases extracted under duress during the interrogation,” the UNICEF report further said, saying they have to sign confession forms in Hebrew which they barely understand.

“Ultimately, almost all children plead guilty in order to reduce the length of their pretrial detention. Pleading guilty is the quickest way to be released. In short, the system does not allow children to defend themselves,” the report concluded.

March 6, 2013 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , , , | Leave a comment

US may use drone raids inside America: Attorney general

Press TV – March 6, 2013

The US attorney general has refused to rule out the possibility that drone strikes may be used inside the United States to kill an American citizen.

Eric Holder said a drone strike within the borders of the US and against an American citizen may be carried out in what he called an extraordinary circumstance.

He made the remarks in a statement in a response to an inquiry by Republican Senator Rand Paul, who had questioned the Justice Department on Tuesday if it believed that President Barack Obama had the legal authority to order an assassination drone strike on an American while present on US soil.

Paul said the administration’s “refusal to rule out the possibility of drone strikes on American citizens and on American soil is more than frightening — it is an affront the Constitutional due process rights of all Americans.”

At least three Americans have been reportedly killed by US drone strikes in Yemen, including Anwar al-Awlaki, his 16-year-old son Abdul-Rahman and Samir Khan.

Washington uses assassination drones in several countries, claiming that they target “terrorists.” According to witnesses, however, the attacks have mostly led to massive civilian casualties.

In September 2012, a report by the Stanford Law School and the New York University School of Law gave an alarming account of the effect that assassination drone strikes have on ordinary people in Pakistan’s tribal areas.

The report noted, “The number of ‘high-level’ targets killed as a percentage of total casualties is extremely low – estimated at just two percent.”

March 6, 2013 Posted by | Civil Liberties, Progressive Hypocrite, Timeless or most popular | , , , | Leave a comment

Intelligence Committees Get Additional Targeted Killing Memos, But Not the Public

ACLU | March 5, 2013

WASHINGTON – In a win for congressional oversight over the government’s vast killing program, the Obama administration has shown an additional but undisclosed number of Office of Legal Counsel memos justifying the program to the Senate and House Intelligence Committees, but has continued to withhold some of its legal opinions from the Intelligence Committees and has not provided any of the legal opinions to the rest of Congress or to the American public. The legal opinions focused on non-citizens continue to be hidden from the Intelligence Committees.

“This is an important first baby step towards restoring the checks and balances between Congress and the president, but it isn’t enough. Amazingly, the Obama administration continues to hide at least some of its legal opinions, even from the intelligence committees. The intelligence committees should have been given all of the legal opinions years ago, particularly when the Obama administration has claimed broad authority to kill people, including American citizens, far from any battlefield,” said Senior Legislative Counsel Christopher Anders. “The legal opinions also shouldn’t stay hidden with the few dozen members of the intelligence committees, but should be available to all members of Congress and minimally redacted copies should be made public. It makes a mockery of the rule of law when the government hides the rules, or makes them up as they go along. It is time to come clean with Congress and the American people.”

Previously, only four memos were briefly shown to the Senate and House Intelligence Committees, which prompted some Senate committee members to stall the confirmation of John Brennan—the architect of the targeted-killing program and President Obama’s choice to run the Central Intelligence Agency. In response, the government sent additional materials to the Intelligence Committees, but has not shown the committees all 11 legal opinions sought by several committee members, and also has not provided the legal opinions to other senators or made them public. This afternoon, the Senate Intelligence Committee will vote on whether to send John Brennan’s nomination to the full Senate.

More information on the ACLU’s work on targeted killing can be found here: www.aclu.org/national-security/targeted-killings

March 5, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite | , , , , , | Leave a comment

Oral Argument on DNA Searches Provides Scary Glimpse Into the Future of Privacy

By Hanni Fakhoury | EFF | March 4, 2013

The Supreme Court recently heard oral argument in Maryland v. King, a case considering the constitutionality of warrantless DNA collection from arrestees. We’ve long warned about the privacy problems with the rise of cheap, easy and fast blanket DNA collection, and filed an amicus brief with the Court urging it to hold the government can only obtain this sensitive genetic material with a search warrant. While it can be fruitless trying to read the tea leaves of oral argument, one specific idea — that technological advances making DNA analysis faster means warrantless collection may be OK — should leave you worried about the fate of privacy going forward in the digital age.

One of the main disagreements surrounding the issue of DNA collection is whether the state is collecting DNA from arrestees for immediate identification — to figure out if they’ve arrested the right person and learn who that person is for purposes of making a bail determination — or for past and future investigation — to solve cold cases and to store DNA for future searches. The state has long claimed they used DNA for both, while we’ve argued the government simply isn’t able to use DNA collection for immediate identification purposes since there’s currently a delay in analyzing DNA ranging from several days up to a few months. But with the rise of rapid DNA analyzers which can analyze DNA in 90 minutes, law enforcement is chomping at the bit to purchase and install these devices at police stations across the country. When the lawyer challenging the blanket DNA collection argued that law enforcement’s interest in using DNA for immediate identification was simply not possible because of the lengthy delays in DNA analysis, Chief Justice Roberts interrupted to note (PDF):

Now, your brief says, well, the only interest here is the law enforcement interest. And I found that persuasive because of the concern that it’s going to take months to get the DNA back anyway, so they are going to have to release him or not before they know it. But if we are in a position where it now takes 90 minutes or will soon take 90 minutes to get the information back, I think that’s entirely different…

Other members of the court echoed this idea, hinting that if DNA analysis was done faster, than there could be a legitimate identification — as opposed to investigative — need for the practice. And if that was the case, then DNA collection was no different than fingerprinting, and the police could swab and collect DNA without a search warrant. This would be a dangerous Fourth Amendment precedent.

The reasonableness of a search under the Fourth Amendment has always depended on whether the search is reasonably related in scope to the circumstances that justify the search in the first place. But that determination shouldn’t hinge on how long it takes to do the search, but rather what the search reveals. And with DNA searches, an enormous amount of sensitive information is being revealed to the government: a person’s entire genome. Ignoring the breadth of this intrusion by focusing on the ease of collection — implicitly believing the easier it is to intrude into a private place, the less protected it is — elevates form over substance to the detriment of the right of privacy enshrined in the Fourth Amendment.

This dangerous thinking extends beyond DNA collection. We’ve already warned about the problems with warrantless home video surveillance and stingrays, or fake cell phone towers which the government has been very secretive about. As technological advances like these allow the government to easily collect and catalog greater amounts of information, courts run the risk of allowing broader and more intrusive searches to pass Fourth Amendment scrutiny simply because of the possibility of exposure. Instead, courts should be focusing on the actual intrusion and people’s expectation that private information will not be exposed, regardless of how technological advances can make government access easier or faster.

The fact the government can do something now it couldn’t do before doesn’t make it constitutional. In fact, it should be the opposite. As it becomes easier for the government to seize and analyze, institutional checks — like a search warrant — on the government’s power is necessary to protect privacy before it becomes a casualty to technological advances.

March 5, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , | Leave a comment

DARPA scientists want to create database of all conversations

RT | March 4, 2013

Your digital footprint could be getting a whole lot bigger: Pentagon scientists are searching for a way to transcribe every real-world conversation that happens into computer-readable files.

Robert Beckhusen of Wired’s Danger Room says it wouldn’t be unlike a real-life Twitter feed or an “email archive for everyday speak.”

“Imagine living in a world where every errant utterance you make is preserved together,” Beckhusen writes in an article this week that explores a Defense Department project that’s been undertaken by its Darpa laboratories and is now in the hands of a University of Texas computer scientist named Matt Lease.

Least has received a few hundred thousand dollars from Darpa — the US military’s Defense Advanced Research Projects Agency — to help find a way to take cell phone conversations, board room meetings and every miniscule real world back-and-forth and have them digitized.

The project is being called “Blending Crowdsourcing with Automation for Fast, Cheap and Accurate Analysis of Spontaneous Speech,” and Lease will receive $300,000 in all from the government to work on it after winning a 2012 Young Faculty Award from Darpa last year.

Lease has previously worked with the Pentagon scientists on another project, Effective Affordable Reusable Speech-to-text, or EARS, which had him trying to find a better way to transcribe dialogue into text. Now after winning the respect of Darpa, he’s putting that research to work in hopes of finding a way to streamline all real world conversations into digital transcriptions. And by strategically crowd-sourcing the information, he thinks he might be able to do just that.

“Like other AI [artificial intelligence], it can only go so far, which is based on what the state-of-the-art methodology can do,” Lease tells Wired. “So what was exciting to me is thinking about going back to some of that work and now taking advantage of crowdsourcing and applying that into the mix.”

Lease says he saw both the “need and opportunity to really make conversational speech more accessible, more part of our permanent record instead of being so ephemeral, and really trying to imagine what this world would look like if we really could capture all these conversations and make use of them effectively going forward,” Lease adds.

Wired reports that the end result could mean that conversations and events could be transcribed and edited through crowdsourcing, then eventually and easily be shared with friends, family and colleagues. Once digitized, those dialogues could also be perused for general search purposes. By uploading everything, though, some concerns are quickly showing up. For one, there’s the matter of possible privacy violations brought on by the seemingly constant collection of data. Then, of course, there’s the matter of what is being done with it.

According to a 2003 memo from the Congressional Research Service, the EARS project that first got Lease involved in the Pentagon was being considered for a rather particular kind of use. That report said that dialogue could be inputted into the system by way of telephone conversations so that “the military, intelligence and law enforcement communities” could “extract clues about the identity of speakers.”

For now, Lease won’t even speculate as to why the Pentagon wants him to develop his crowdsourcing project. He agrees, however, that there is an issue with “respecting the privacy rights of multiple people involved.”

March 5, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , | Leave a comment

NYPD lied under oath to prosecute Occupy activist

RT | March 02, 2013

An Occupy Wall Street activist was acquitted of assaulting a police officer and other charges on Thursday after jurors were presented with video evidence that directly contradicted the NYPD’s story.

Michael Premo was found innocent of all charges this week in regards to a case that stems from a December 17, 2011 Occupy Wall Street demonstration in Lower Manhattan. For over a year, prosecutors working on behalf of the New York Police Department have insisted that Premo, a known artist and activist, tackled an NYPD officer during a protest and in doing so inflicted enough damage to break a bone.

During court proceedings this week, Premo’s attorney presented a video that showed officers charging into the defendant unprovoked. The Village Voice reports that jurors deliberated for several hours on Thursday and then elected to find Premo not guilty on all counts, which included a felony charge of assaulting an officer of the law.

Since his arrest, supporters of Premo have insisted on his innocence. “They’re trying to make something out of nothing and they’re trying to charge him with something that didn’t actually occur,” colleague Rachel Falcone told Free Speech Radio News this week.

After being arrested, the Manhattan District Attorney’s office presented Premo with a deal that would have let him off the hook by pleading guilty to lesser charges. Maintaining his innocence, however, he was determined to fight the case in court.

Premo was “facing serious charges and potential substantial jail sentence, even though he never should have been arrested at all,” his supporters claimed in a post published on The Laundromat Project website.

Nick Pinto of the Village Voice says he was nearby during the December 2011 rally and recalls watching Premo’s arrest from a distance. In his report from court this week, Pinto explains how the details provided by the NYPD in this trial have been fabricated to such a degree that the allegations presented by the cops turned out to be literally the opposite of what occurred.

“Premo charged the police like a linebacker, taking out a lieutenant and resisting arrest so forcefully that he fractured an officer’s bone. That’s the story prosecutors told in Premo’s trial, and it’s the general story his arresting officer testified to under oath as well,” Pinto writes. He adds that attorneys for the defendant underwent a lengthy search to try and find video that verified their own account yjpihj, and found one in the hands of Democracy Now. “Far from showing Premo tackling a police officer,” writes Pinto, that video “shows cops tackling him as he attempted to get back on his feet.”

The footage obtained from Democracy Now also showed that an NYPD officer was filming the arrest as well, but prosecutors told Premo’s attorney that no such footage existed.

“There is no justice in the American justice system, but you can sometimes find it in a jury,” Premo tweeted after he was acquitted this week.

In an interview given to NBC in 2012, Premo identified himself as a spokesperson for the Occupy Wall Street movement. He has also led an initiative in the New York area that has provided relief to those that endured last year’s Superstorm Sandy and has also advocated for fair housing.

“The biggest thing for me coming out of this,” he told the Voice, “is not being discouraged by the attempts of New York City to quell dissent and prevent us from expressing our constitutional rights.”

March 2, 2013 Posted by | Civil Liberties, Deception | , , , | Leave a comment

Cops May Be Liable for Felling Occupy Berkeley

By CHRIS MARSHALL | Courthouse News Service | March 1, 2013

OAKLAND, California – Police must face excessive-force claims related to an Occupy protest they dispersed at the University of California, Berkeley, a federal judge ruled.

The protesters claimed to have been engaged in a peaceful protest of tuition hikes and the privatization of public education when officers battered them and used excessive force.

After police raided their Sproul Hall encampment on Nov. 9, 2011, hundreds of protestors allegedly returned later that evening and erected more tents.
They said Vice Chancellor of Student Affairs Harry LeGrande warned them to remove their tents before the police arrived 10 p.m., at which time they would allegedly give a 10-minute warning and remove the tents by force. Officers actually arrived in riot gear at 9:30 and raided the encampment, according to the complaint.

The protestors allegedly linked arms to face the police, who again used their batons, “but this time with even more brutality, pushing and jabbing people and using overhand strokes on protestors’ heads,” according to the complaint.

“The officers grabbed and indiscriminately pulled some of the protestors out of the lines and placed them under arrest,” they added. Even after removing the tents, some officers allegedly continued to beat the protestors, who were reinforced with hundreds more concerned students, according to the complaint. At least 2,000 people allegedly amassed before the officers “ceased their attack on the protestors.”

A group of 29 then sued school police, the Alameda County Sheriff’s Office and the Oakland Police Department for excessive force, false arrest, retaliatory prosecution and abuse of process. They said university officials had set in motion or ignored the police action that caused their injuries.

U.S. District Judge Yvonne Gonzalez Rogers last week found the allegations sufficient against some officers who were directly involved in alleged beating of protestors, but she dismissed claims against supervisors and others not directly involved.

The Alameda County Sheriff’s Department failed to show that the claims against its officers were “unwarranted deductions of fact or unreasonable inferences,” according to the ruling.

She cited multiple specific allegations from the lawsuit, including a claim that Officer Obichere, “who appeared to weigh over 250 pounds, focused on [Plaintiff Christopher] Anderson and hit him with tremendous force about five times with increasing intensity. In addition to jabs, this officer used overhand swings and struck Mr. Anderson’s legs as well.”

Alleging that a police officer used excessive force is a legal conclusion, but “alleging that a police officer used overhand swings to strike the plaintiff is not,” Rogers wrote.

The protestors pleaded “factual content that allows the court to draw the reasonable inference that the defendant[s are] liable for the misconduct alleged,” she added.

Rogers upheld excessive-force allegations against Officers Chavez, Garcia, King and Obichere. Neither the complaint nor the ruling provides the first names of these individual police officers.

University of California Police Department Officer Samantha Lachler is similarly not entitled to immunity for claims that she purposely hit protestor Hayden Harrison in the groin with the edge of her baton.

“Viewing the facts in the light most favorable to the plaintiff, police officers, who were attempting to enforce a no-camping ordinance at 3:30 pm, made a dispersal announcement that protestors could not hear, and then the police officers began hitting protestors that were trapped in a crowd,” the ruling states. “The facts and circumstances confronting the officers, when viewed in the light most favorable to the plaintiffs, do not support an inference that Mr. Harrison posed a threat to the safety of officers or others, was disobeying police orders or camping. Rather, the well-plead facts support an inference that Officer Lachler hit a passive individual in the groin because, by linking arms with other protestors, he may have inhibited her progress.”

While Lachler challenges the truth of the allegations, she “does not assert that hitting a passive protestor is constitutional or that the law regarding the use of force against passive individuals was sufficiently unclear at the time of the events at issue that Officer Lachler made a reasonable mistake as to what the law requires,” Rogers wrote.

The court did toss excessive force claims against UC Police Detective Rick Florendo and UC Police Officer N. Hernandez, noting a lack of specific allegations against them.

Concession from the plaintiffs also led Rogers to dismiss all claims against Alameda County Sheriff Chief Gregory Ahern.

Allegations against university officials, however, were too generalized and unspecific, the court found, tossing all of them with leave to amend.

Lead plaintiff Yvette Felarca and the other plaintiffs are represented by Ronald Cruz of Scheff, Washington & Driver. J. Randall Andrada represents the defendants. 

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March 2, 2013 Posted by | Civil Liberties, Subjugation - Torture, Video | , , | Leave a comment