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HEADWATERS FOREST DEFENSE v. COUNTY OF HUMBOLDT

No. 98-17250.

276 F.3d 1125 (2002)

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 Philip, 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-Appellees.

United States Court of Appeals, Ninth Circuit.

Amended January 30, 2002.

Attorney(s) appearing for the Case

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

Nancy K. Delaney, Eureka, California, for the defendants-appellees.

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

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

PREGERSON, Circuit Judge:

Nine environmental activists and an environmental group brought this action, under 42 U.S.C. § 1983, against the County of Humboldt, the Humboldt County Sheriff's Department, Eureka City and its police department, and several individual officers, alleging that the officers' use of pepper spray on the activists' eyes and faces during three peaceful protests constituted an excessive use of force in violation of their Fourth Amendment rights...

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