Headwaters Forest Nov.15, 1996 Civil Rights Lawsuit
...by Bonnie Blackberry
The Civil Liberties Monitoring Project, along with some dedicated volunteers, has done crucial work in helping Dennis Cunningham, a highly respected San Francisco attorney, file a civil rights class action lawsuit in San Francisco Federal Court on behalf of 300 to 400 people who attended the Headwaters Forest Demonstration on November 15, 1996, at Fisher Road near Carlotta in Humboldt County, to voice opposition to the destruction of the old growth redwood forest ecosystem and coho salmon habitat.
Actions by multiple law enforcement agencies on that day resulted in many allegations of wrongdoings by the police, as well as creating what many felt was a police riot. Numerous citizen complaints were taken regarding the massive arrests and other incidents which occurred that day.
Many citizens have approached policy makers, petitioning for change. Unfortunately there has been a continuation and acceleration of illegal assembly calls and violations of civil rights against protesters by the police, with the most attention coming from the recent pepper spray use against passive nonviolent demonstrators. This lawsuit is the sad result of many frustrated efforts to effect a change in Humboldt County law enforcement tactics through local government means.
The lawsuit includes the following claims for relief:
* violations of the 1st, 4th and 14th amendments of the U.S. Constitution;
* denial of California Constitutional rights;
* assault and battery;
* false arrest and false imprisonment;
* intentional infliction of emotional distress; and
* negligence and other wrongs.
The lawsuit, Cavanagh v. Humboldt County, (C97-04190 WHO) names the following defendants:
* Humboldt County; Sheriff Dennis Lewis; Chief Deputy Gary Philp; Deputies Greg Busey, Pete Jiminez, Tim McAllister;, (FNU) Warton; and John Does 1-X;
* California Highway Patrol Officers Ron Keller, J. Latham; the estate of M. Baarts; Dave Blood; and John Does 2-X (CHP);
* City of Eureka; Eureka Police Chief Arnie Milsap; and John Does 3-X (Eureka P.D.);
* Joe Silva, California Dept. of Forestry; and John Does 4-X (Others).
The police have been served their summonses and nine people have been chosen as named plaintiffs to represent the group in the class action lawsuit. The named plaintiffs represent the different types of violations which occurred, including people arrested and people who were not arrested. They will make court appearances as representatives of the class action members
We are now trying to locate as many people as we can find who may qualify to join the class action and we need any help we can get. If you were at the rally and left before things got really heavy, you still may qualify as a class action member. Please review the following four segments of the lawsuit claims for relief, which are violations, and see if any would be applicable to you or anyone you know who was at the demonstration that day. If you do feel your rights may have been violated, please contact CLMP, ASAP, and fill out the lawsuit questionnaire (inserted in this issue).
* the right to assemble
* the right to be free from violence and intimidation by threat of violence because of political affiliation or viewpoint
* the right to be free from interference by threats, intimidation and coercion of rights secured by the Constitution and laws of the United States and by the Constitution and laws of the State of California
* the intentional infliction of emotional distress by police, including creating emotional distress, pain and suffering, fear, anxiety, embarrassment, discomfort and humiliation
I was at the demonstration and am very motivated to keep this on the front burner. Even though I was not arrested, I definitely felt threatened and violated by police attitude and actions. Just observing the police grab, mistreat and arrest people out of the crowd for no apparent reason was very disturbing. Experiencing the final attack by the police, as darkness was approaching, was a nightmare. And I must say that I am proud of the demonstrators who held to nonviolence and did not strike back or retaliate.
The Civil Liberties Monitoring Project plans to continue using our resources by working with the plaintiffs and attorney Dennis Cunningham and others, to coordinate and collect documentation and help prepare for the upcoming lawsuit. I have been keeping in close contact with Dennis, connecting him with all the information and documentation CLMP has collected, compiling and helping distribute the questionnaire for plaintiffs, helping with the summons service and helping organize volunteers and meetings for working groups. Dennis has been in contact with most of the attorneys who have volunteered to help and is glad that he'll be getting their help. We have had two working meetings in Redway at the CLMP office, and plan to meet regularly to plan and coordinate volunteer work on the case and to increase public awareness of what has been going on here in Humboldt County regarding these issues. Please call the CLMP office at 707/923-4646 or me at 707/923-2960 for more information, copies of the questionnaire, or if you want to help.
A working group of plaintiffs and supporters have formed to raise funds, do outreach and help with other work for this lawsuit. A mailing database has been started, a post office box opened, and the group plans to get a bank account when donations have been received. Any contributions for legal costs may be sent to:
Attorney Dennis Cunningham,
Headwaters November 15 Lawsuit
3163 Mission St.,
San Francisco, CA 94110.
OR to
Headwaters November 15th Lawsuit,
P.O. Box 1524,
Redway, CA 95560.
(Money for legal costs is a big deal, and the amount of money available for things like depositions will affect how much can be brought forward in obtaining police accountability and compliance with the laws and rights of the people the police are mandated to protect and serve.)
To view a copy of the lawsuit complaint on this site click here.
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