tazzygirl
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The federal courts have ruled on such cases. At the 9th U.S. Circuit Court of Appeals, which covers courts in nine Western states, the cases have centered on whether or not the protesters were involved in what is called “active resistance”.
The court used the term in considering a case about another highly circulated video of a group of passive demonstrators being swabbed with pepper spray in 1997. The protesters had linked arms on the floor of a California congressman’s office to protest the logging of old-growth redwood trees on California’s North Coast.
Because demonstrators were using a metal sleeve to prevent police from separating them, police argued their “active resistance” left them no other way to get them to move than dabbing their eyes with Q-tips soaked in pepper spray, said Jim Wheaton, an attorney who assisted the prosecution of the civil case.
The 9th Circuit ruled that the protesters weren’t in “active resistance,” and because they were sitting peacefully, the use of pepper spray was excessive.
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