Word just arrived at this tender hour that Liz Nichols, the young college student whose mouthful of pepper spray was immortalized by an Oregonian photographer during a chaotic anti-bank protest last November 17, will file an excessive force lawsuit against the Portland Police Bureau.
According to a release sent out by Nichols’ attorney, Ken Kreuscher, the suit will be filed at 10 am Friday after a short press conference. Nichols was sprayed by Sergeant Jeff McDaniel while shouting at another officer who, Kreuscher says, had driven a nightstick into Nichols’ neck. Nichols wound up facing charges after she was sprayed.
Kreuscher says the pepper spray was excessive because Nichols wasn’t actively threatening anyone, just shouting, when McDaniel blasted her. The use of less-lethal weapons (especially Tasers) on people who aren’t actively resisting or posing a threat earned the ire of the feds in their recent excoriation of the bureau. The bureau is looking to tighten its policies now. But, as we reported months ago, that suggestion, coming from several groups over the years is nothing new.
The altercation was among several that erupted after mounted cops showed up with horses to clear the entrance of an occupied Chase Bank branch at SW 6th and Yamhill, outside Pioneer Square. After protesters were forced onto the street and MAX tracks, riot cops showed up in a confusing, contradictory mass to try to get protesters back onto sidewalks.
Oddly enough, the O‘s photo, by Randy Rasmussen, just won another national award, the paper announced earlier Wednesday. We’ll have more on this in the morning. For now, Kreuscher’s release is after the jump.
An Occupy Portland Activist and current Portland State University student will file a civil rights lawsuit on Friday, October 5, 2012, accusing two Portland Police Bureau officers of using excessive force during an “Occupy the Banks” demonstration on November 17, 2011. The lawsuit also accuses the City of Portland of adopting an unconstitutional policy allowing the use of pepper spray on peaceful demonstrators as a means of crowd control when the demonstrators present no threat to the safety of others.
On November 17, 2011, Ms. Elizabeth (Liz) Evon Nichols was peacefully demonstrating for economic and social justice near the southwest corner of SW Yamhill and 6th Ave in downtown Portland. As seen on video, while Ms. Nichols stood in a crowd on the sidewalk, Officer Doris Paisley raised a nightstick to Ms. Nichols’ throat, and pushed her backward. The pressure interrupted Ms. Nichols’ breathing and caused her head to bend backward. People behind Ms. Nichols prevented her from falling backward.
As seen on video, after she regained her balance, Ms. Nichols shouted at Officer Paisley that she thought the officer’s conduct was inappropriate. Ms. Nichols did not advance toward Officer Paisley nor did she make any threatening gestures or statements.
As seen on video, while Ms. Nichols was shouting at Officer Paisley, Officer Jeffrey McDaniel sprayed Ms. Nichols directly in the face with a blast of pepper spray. The pepper spray covered Ms. Nichols’ face, filled her eyes, went up her nose, and went into her mouth and throat.
As seen on video, after being pepper sprayed, Ms. Nichols fell to the ground. Officer Paisley dragged Ms. Nichols by her hair through the police line where she was arrested for three misdemeanors offenses. Those charges later were reduced to violations by the Multnomah County Prosecutor’s Office and eventually were dismissed by the prosecutor’s office. In their place, the prosecutor’s office filed new traffic violation charges, asserting that Ms. Nichols violated traffic laws.
Ms. Nichols’ traffic violation trial is currently scheduled to begin on October 8, 2012, in the Multnomah County Courthouse; however, the defense anticipates that the trial will be set-over to determine whether Ms. Nichols has the right to a jury trial and other constitutional protections in light of a recent Oregon Court of Appeals case.
Sorry….
Just have to….
http://i814.photobucket.com/albums/zz68/Paulyski/Funny%20stuff/Moregovernment.jpg
:p
She might be facing an uphill battle seeing as how she has gone on record multiple times stating that her goal was to get attacked by the police. She even moved here from the Midwest to join our occupy protest as a means to achieve this. Plus, on the 90 day anniversary of the incident she held a vigil in the park, then lamented on Facebook over her disappointment that the police never came to cause problems at the event. Whatever, best of luck to her, I guess.
What an entitled bitch.
I think that she is a hero, You nay sayers should stand up for something other thatn greed and facisisim
That is one helluva money shot. Maybe she should do porn.
I’m going to bet that 100% of you naysayers have never done shit in your life when it comes to political advocacy. None of you have stood in the street as horse cops charge you, or bike cops beat your friends.
I don’t go to protests like this anymore, because the violence by the police is legitimately out of control, and the next time a cop tries to use unnecessary violence on me or one of my friends, is the last time they’re going to use violence on anyone. Seriously: I don’t go to protests like this anymore because I will kill someone. Who did the cops decide to pepper spray first? The 5’ tall girl? Personally, I never shot at women, I’ve shot at people who are legitimately threatening me. Why pepper spray the young small girl? Because they’re dicks. That’s why.
That’s how legitimately out of control the violence is at these events. I’ve been punched, hit, threatened, and beaten by the cops for doing perfectly legal activities, numerous times. You assclown posers are just pretending everything is fine in our world, and mocking the people trying to change it. Thankfully I’m quite sure that this same violence will be used against you someday, too.
Best of luck lady. Hopefully you get millions out of these fucking animals.
So in addition to voting, I’m required to get my ass beat by roided up cops to show I care? Sorry, idiot, I have a kid.
Well, @Calm Down, you keep voting. I’m sure that will fix everything someday.
Fidelity:
Most of the “protests” were not peaceable. Their intention was to disrupt transportation (e.g., car, truck, shipping, MAX).
It’s also very evident that goading the police to use force is a tactic used by many.
I’ve been following the news in Syria, and when someone complains about excessive police force in Portland, or someone who wines about police being rough when they’re trying to clear the streets from anarchy, I am only reminded of how good we have it.
@WS – You think things are fine and dandy because you’ve never had a loaded shotgun or pistol pointed at your face, or pinned by a riot horse and beaten with a baton. You also have no concept of how a protest actually works, because you’ve clearly never advocated for shit. Standing on street corners with signs doesn’t get anything done, it’s how you get ignored. The way people *actually* protest, all throughout the world, and all throughout the ages, is by disrupting civil society. How the fuck else is it supposed to work, ya’ donk? Go read some Dr. King letters and get back to me, OK?
What’s happening in Syria can happen in the streets of Portland. We do have it really good right now, but that doesn’t make unnecessary violence excusable.
FA
Can you try posting something that doesn’t drip with paranoia and hyperbole? I’m still not convinced that throwing a chair through the window of my neighbor’s business will accomplish anything.
Your neighbor owns Wells Fargo or Bank of America? It seems more likely that your neighbor’s home was foreclosed upon by Wells Fargo or BoA, and I can’t think of legitimate reason not to throw something through their window, or hang their executives from the gallows. I don’t mean that as a hyperbole, and that’s not manifesting out of paranoia.
I assume that you’re the same person who commented anonymously about having a kid. Tell you what: in ten years, no matter what condition this country is in, look your kid square in the eyes and tell them, “I tried to fix things when I could: I did vote and write my congressmen, after all, like I was told to. Everything else was either inconvenient or illegal.” I’m sure that will suffice as an apology to your child, and you and your kid will sleep well that night, knowing that you did what you needed to do to secure a better future for your child.
“I can’t think of legitimate reason not to throw something through their window, or hang their executives from the gallows.”
OK, have fun being 20. It doesn’t last forever.
These Occupy protesters antagonized the police and you want to act like they are victims? That’s like blaming a dog biting incident on a dog instead of the kid poking a fucking stick at him. I’m glad the dog bites the kid. That kid needs to learn not to poke the dog.
In Portland, it’s common to try to put the dog down. Look at the mayor’s crusade against reinstating Frashour. What a bunch of useless grandstanding that only incites more anger toward the PPB. They’re trying to put the dog down instead of understanding that the kid, in this case Aaron Campbell, was the kid poking the stick at them.
This sets up the PPB to make a tough choice. Yet you make Aaron Campbell a victim? He brought the police to HIMSELF. The cops didn’t just show up and say “How’s it goin’, man. Why you actin’ all crazay?” The cops didn’t harass him. They were called to the scene of incident which has been well documented and some idiots think that is akin to murder?
What the FUCK is wrong with you people?
Quote;
“I’m going to bet that 100% of you naysayers have never done shit in your life when it comes to political advocacy. None of you have stood in the street as horse cops charge you, or bike cops beat your friends.” – fidelity_axiom
———————-
Why yes… As a matter of fact I have.
I was a skater in the 90’s and I swear to God, horse-cops would just materialize out of the brickwork around old-town.
Can’t run from a Horse cop. 🙁