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HEADWATERS FOREST DEFENSE v. COUNTY OF HUMBOLDT

No. 98-17250.

211 F.3d 1121 (2000)

HEADWATERS FOREST DEFENSE, Plaintiff, and Molly Burton; Vernell "Spring" M. Lundberg; Michael McCurdy; Eric Samuel Neuwirth; Maya Portugal; Lisa Marie Sanderson-Fox; Jennifer Schneider; Terri Slanetz; Noel Tendick, Plaintiffs-Appellants, v. THE COUNTY OF HUMBOLDT, a political subdivision of the State of California; Humboldt County Sheriff's Department; Dennis Lewis, Sheriff; Gary Philp, Chief Deputy; Marvin Kirkpatrick, Deputy; John Sylvia, Deputy; Ciarbellini, Sgt.; City of Eureka, a political division of the State of California; Eureka Police Dept; Bill Honsal, Captain; James Manos, Sgt., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2000

Attorney(s) appearing for the Case

Mark Hughes, University of Denver, Denver, Colorado, for the plaintiffs-appellants.

Nancy K. Delaney, Mitchell, Dedekam & Angell, Eureka, California, for the defendants-appellees.

Margaret C. Crosby, American Civil Liberties Union Foundation of Northern California, San Francisco, California, for the amicus curiae.

Before: BRIGHT, PREGERSON, and W. FLETCHER, Circuit Judges.

Opinion by Judge PERGERSON; Concurrence by Judge BRIGHT.

PREGERSON, Circuit Judge:

Nine environmental activists, along with an entity called Headwaters Forest Defense, brought this action under 42 U.S.C. § 1983, alleging that the use of pepper spray on the activists during three protests in Humboldt County constituted excessive and unreasonable force in violation of their Fourth Amendment rights. The named defendants included Humboldt County and its Sheriff...

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