BAMN files brief to hold UC-Berkeley Chancellor Birgeneau and administrators responsible for Occupy Cal police brutality

BAMN files brief to hold UC-Berkeley Chancellor Birgeneau and administrators responsible for Occupy Cal police brutality

BAMN Press Release 10/25/2012:

BAMN responds to motions to dismiss lawsuit filed by Birgeneau and other administrators, UCB police, and Alameda County Sheriffs.

BRIEF to maintain lawsuit against UC-Berkeley administrators        EXHIBITS
(Full Compilation of UCB emails and documents obtained by Public Records Act request)
– Click the green “Download” button on the right side of the screen after the link
(Timeline and annotations of administrators’ internal emails & documents)

BRIEF to maintain lawsuit against UCPD

BRIEF to maintain lawsuit against Alameda County Sheriff’s Office

Also see:  UC-Berkeley administrators’ brief      Plaintiffs’ Complaint

BAMN and twenty-nine protesters suing UC-Berkeley Chancellor Birgeneau, other administrators, UCPD, and Alameda County Sheriffs for $15 million for excessive force, false arrest, and violation of their First Amendment rights from the Nov. 9, 2011 Occupy Cal protest filed an extensive brief in federal district court Wednesday to prevent the dismissal of Birgeneau and other UCB administrators named in the suit.

The brief is one of three filed by protesters this week, opposing motions to dismiss from UCB administrators, UCPD officers, and Alameda County officers respectively.

The brief includes internal communications among administrators and other evidence supporting its central contentions: (1) selective enforcement of “no camping” policy and discrimination against protesters’ views opposing tuition hikes and privatization in violation of the First Amendment, (2) the administrators were personally responsible for the police’s actions, and (3) no legal basis existed for using police force. The brief states:

“Faced with overwhelming condemnation of the administration’s actions, defendant Chancellor Birgeneau apologized for the events of November 9, 2011… But before this court of law, he now claims he is not responsible.”
“The UC-Berkeley administration had allowed an encampment against South African apartheid and the defendants in particular had allowed an encampment against Arizona’s SB 1070 law, because they agreed with its positions, but suddenly had a ‘no camping’ policy when it came to protesting tuition hikes and privatization, a view with which the defendant administrators disagreed.”
“There was no valid legal basis for using force… This was exactly the finding of [the UC-Davis pepper spray report], which examined a near-identical situation at UC-Davis November 18, 2011, in which campus police declared an unlawful assembly and used force against protesters who were standing in the vicinity of tents in the middle of the day.”

The protesters are represented by attorneys from the Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN).

The case is before Judge Yvonne Gonzalez Rogers in the U.S. Northern District Court of California. The case number is 4:11-cv-5719.

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  1. perspective2 November 3, 2012 at 7:00 pm

    With the influence of University of
    California Berkeley Chancellor Birgeneau Provost George Breslauer deployed excessive
    force by his campus police – rammed baton jabs – on students protesting
    Chancellor’s Provost’s doubling of in-state tuition. Retire dysfunctional Provost
    Breslauer. Birgeneau resigned.


    Email messages to UC Board of Regents [email protected] and Calif.
    State Senators and Assembly members.


    The more non-Californians
    admitted to public University of California the fewer in-state can be. Fall admit rate for
    residents drops to record low 18%: 43 percent jump in
    the number of affluent foreign and affluent out-of-state admissions.


    Chancellor Birgeneau ($450.000), Provost Breslauer ($306,000) shed thousands of
    eligible in-state applicants. Residents replaced by a $50,600 payment from born
    abroad affluent foreign, affluent out of state students. And,
    Birgeneau Breslauer subsidize affluent foreign and affluent out of state
    tuition in the guise of diversity while they double in-state tuition (Harvard
    College now less costly).


    Breslauer hapless leadership accepts $50,600 tuition to displace California
    residents (When depreciation of tax funded assets, infrastructure, cost of
    bonds etc, are included (as they should be), out of state, foreign tuition is more
    than $100,000 and does NOT subsidize in-state tuition.