TMZ has released the incredible video of Josh Brolin's arrest outside of a Shreveport bar last summer, along with his "W" costar Jeffrey Wright.
In the video, viewers see Brolin and Wright standing hugging as they are sprayed with pepper spray and then separated by cops. Brolin is made to kneel and is handcuffed while Wright gets laid out on the street and repeatedly tasered, as the cellphone camerawoman screams in protests.Coinciding with the video's release, today charges in Louisiana against Brolin stemming from the brawl are being dropped.
Other video from patrol cars was also recorded by cop cars last July but not released.
Law enforcement arguments in a federal lawsuit are malarkey - pepper spray used senselessly hurts cops as much as protesters
San Francisco Examiner
Monday, Nov. 17, 1997 Page A 18
It's almost farcical for law enforcement officials to continue defending pepper spray as a weapon to get protesters to follow orders. A videotape of officers applying pepper spray in liquid form to demonstrators' eyes shows the technique to be a form of torture.
Yet, attorneys for the Humboldt County Sheriff and the Eureka Police Department argue in federal court that this use of pepper spray is legitimate and unobjectionable. In court papers filed in a protesters' suit against the cops, police training expert Joseph J. Callahan Jr. says, implausibly, that the videotape could be used as a training film "illustrating modern police practices delivered in a calm, deliberate manner." (Remind us not to volunteer as guinea pigs for Mr. Callahan.)
The videotape was shot by Humboldt sheriff's deputies at an Oct. 16 demonstration, against logging in the Headwaters Forest, that took place in the Eureka office of Rep. Frank Riggs, R-Windsor. Four women who had chained themselves together with heavy metal "black bears" got liquid pepper spray rubbed into their eyes with cotton swabs, and one woman who refused even then to move had the pepper mist sprayed into her face.
This hurts, as the videotaped reactions make clear. But it broke up the demonstration pronto, and that's what counted for the law enforcers.
"At stake," attorneys for the cops argue, "is whether professionally trained police officers are to be deprived of the use of pepper spray, a substance carried by millions of private citizens in this country."
But this is really not the issue. Most people don't object to police using pepper spray the way it's designed to be used: To subdue a suspect who threatens officers or threatens to flee. Neither occurred in the case of the Eureka protesters.
Police shouldn't use pepper spray, or any other weapon, to dish out punishment to suspects. Just because cops are in a hurry doesn't make it OK for them to take shortcuts, or inflict pain to get things done.
The argument doesn't wash that no lasting damage was done by the pepper spray. By the same logic, police could use branding irons, sharp knives or psychological abuse on recalcitrant protesters as long as "no lasting damage was done."
Other police legal arguments are similarly shallow. An attorney for the cops said the use of heavy metal sleeves linked with chains that made protesters virtually immovable amounted to "active resistance," justifying the use of pepper spray.
In the past, police used metal grinders to cut through the heavy metal in order to oust demonstrators. That takes longer and is inconvenient, but it doesn't violate anyone's civil rights or threaten their physical well-being.
No one wants to live in a society where police are free to do whatever they wish in order to punish suspected law breakers. Cruel and unusual punishment is outlawed by the Constitution. And anyway, punishment is up to the courts to determine and the penal system to administer.
What cops risk through indiscriminate use of pepper spray, and its indiscriminate defense in court, is losing it altogether. If police are too dense to distinguish between legitimate use and torture, the Legislature should eliminate any confusion and outlaw pepper spray, period.