Headwaters Forest Defense v. County of Humboldt

Nine environmental activists and an environmental group brought this action, under 42 U.S.C. § 1983 , against the County of Humboldt, the Humboldt County Sheriffs 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. We previously issued an opinion, which is reported at 240 F.3d 1185 (9th Cir.2001), in which we reversed the district court’s decision to grant summary judgment on qualified immunity grounds to Humboldt County Sheriff Dennis Lewis (“Lewis”) and Chief Deputy Sheriff Gary Philip (“Philip”), the defendants who initially authorized the use of the pepper spray on the nonviolent protestors. We also reversed the district court’s decision to enter judgment in favor of Humboldt County, the City of Eureka, and their respective police departments following trial and a hung jury-

The Supreme Court granted certiorari, vacated our judgment, and remanded this case to us for further consideration in light of Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150…