Criminal law, Politics, Society

Video: Oakland Police Officer Shoots Photographer With Rubber Bullet Without Any Apparent Provocation

As fellow law professor sent me this video of Oakland police shooting a photographer. The video raises serious questions of the unjustified use of force.

In the video, the police appear to be standing without challenge when, around the 33 second mark, an officer suddenly shoot a photographer who is a good distance from the police line.

I cannot imagine the claim of justification in this case when the use of rubber bullets present significant potential harm to citizens, as shown below.

Kudos: Professor Alberto Bernabe (John Marshall Law School)

Source: Lowering Bar

397 thoughts on “Video: Oakland Police Officer Shoots Photographer With Rubber Bullet Without Any Apparent Provocation”

  2. “Whether in Egypt or the United States, young rebels are reacting to a single stunning worldwide development: the extreme concentration of wealth in a few hands thanks to neoliberal policies of deregulation and union busting. They have taken to the streets, parks, plazas, and squares to protest against the resulting corruption, the way politicians can be bought and sold, and the impunity of the white-collar criminals who have run riot in societies everywhere. They are objecting to high rates of unemployment, reduced social services, blighted futures, and above all the substitution of the market for all other values as the matrix of human ethics and life.”

    Juan Cole

    http://www.truth-out.org/protest-planet-how-neoliberal-shell-game-created-age-activism/1320950783
    As Neo Conservatism failed, Neo Liberalism is failing as well.

  3. This video shows occupants of some of the “impressive buildings” about which Lemony Snicket wrote, watching protests from the balconies of Wall Street in amusement while sipping champagne. I’ll wager they do not have to cash their checks at Wal-Mart. Why do I keep thinking about Marie Antoinette?

  4. The original Tea Partyers … are somewhat in favor of the OWS movement because the OWS is non-partisan. Original Tea Partyers (Ron Paul supporters) don’t consider themselves either democrats or republicans. I say all this based on my personal acquaintance with several of the members of the original Tea Party in the county in which I live. I have been to many of their meetings through the years and their support for Ron Paul has not wavered. (I drive my neighbor who is wheelchair bound and wait there for him.)

    Not a one of the 25 or so members I know voted for Kasich and all of them voted to defeat his laws last Tuesday. They are not a huge organization … never have been, which is why the Koch crew could co-op their name so easily.

  5. I agree Swarthmore Mom. The Tea Party is bought and sold by corporate interests whereas the OWS movement answers to no one except themselves.

  6. Swarthmore mom: that is so pathetic, and depressing. Corporate America at work trying to discredit a populist movement should not surprise anyone, I suppose.

  7. http://www.thenation.com/blog/164431/occupy-tea-partys-mind “It is probably safe to assume that no populist coalition between OWS and the tea party is going to develop” as they have little in common. One group wants more government services, and the other wants to eliminate them. One group want higher taxes on the wealthy. The other wants to cut the taxes of the top 1!

  10. Jill has to realize that once Fox news started shilling for the Tea Party, they lost most of their credibility with people who know the problems facing this nation are caused by too much corporate control of our government.

    It is not simply campaign contributions, but the revolving door from corporate America into our regulatory agencies that does the most harm.

    We have private prisons in Az. writing legislation in order to lock up more people for profit. I talked to some men from Israel who could not believe we even HAD for profit prisons. it was unbelievable to them. Incredible.

  11. One of the great new words that appeared on the scene recently: “Sheeple.”

    That about sums it up, right up to the point the Sheeple decided they were tired of being herd animals and are breaking out the pitchforks and torches. See Observation #11, below.

    Thirteen Observations made by Lemony Snicket while watching Occupy Wall Street from a Discreet Distance

    1. If you work hard, and become successful, it does not necessarily mean you are successful because you worked hard, just as if you are tall with long hair it doesn’t mean you would be a midget if you were bald.

    2. “Fortune” is a word for having a lot of money and for having a lot of luck, but that does not mean the word has two definitions.

    3. Money is like a child—rarely unaccompanied. When it disappears, look to those who were supposed to be keeping an eye on it while you were at the grocery store. You might also look for someone who has a lot of extra children sitting around, with long, suspicious explanations for how they got there.

    4. People who say money doesn’t matter are like people who say cake doesn’t matter—it’s probably because they’ve already had a few slices.

    5. There may not be a reason to share your cake. It is, after all, yours. You probably baked it yourself, in an oven of your own construction with ingredients you harvested yourself. It may be possible to keep your entire cake while explaining to any nearby hungry people just how reasonable you are.

    6. Nobody wants to fall into a safety net, because it means the structure in which they’ve been living is in a state of collapse and they have no choice but to tumble downwards. However, it beats the alternative.

    7. Someone feeling wronged is like someone feeling thirsty. Don’t tell them they aren’t. Sit with them and have a drink.

    8. Don’t ask yourself if something is fair. Ask someone else—a stranger in the street, for example.

    9. People gathering in the streets feeling wronged tend to be loud, as it is difficult to make oneself heard on the other side of an impressive edifice.

    10. It is not always the job of people shouting outside impressive buildings to solve problems. It is often the job of the people inside, who have paper, pens, desks, and an impressive view.

    11. Historically, a story about people inside impressive buildings ignoring or even taunting people standing outside shouting at them turns out to be a story with an unhappy ending.

    12. If you have a large crowd shouting outside your building, there might not be room for a safety net if you’re the one tumbling down when it collapses.

    13. 99 percent is a very large percentage. For instance, easily 99 percent of people want a roof over their heads, food on their tables, and the occasional slice of cake for dessert. Surely an arrangement can be made with that niggling 1 percent who disagree.

  12. shano,

    Thanks for the Zinn quote. (I wish that he were still alive…) Anyway, he captures the essence of the problem… I guess that I might add that “apathy” is also a problem… “obedience” and apathy…

  13. Jill, I am well aware that many of the issues the OWS movements address are similar to the teabagger desires. I was responding to the very strange logic promoted by Bdaman who seemed to be intent on changing the conversation. On the other hand, the teabagger movement has little or nothing to offer the poor and homeless as long as they protect the 1% with their votes and Koch sponsored rallies. It has been pretty well established that the tea bag movement was created by the Koch group. They are about as grass roots as the rock group, “Spinal Tap,” is a genuine act.

    As for how the homeless would be treated at an Obama rally, I have no idea for sure. I do know this; Jesus was a real rabble-rouser who afflicted the comfortable. That is why he was murdered. The 1% play hardball.

  14. Jill, yes, I know the history of the Tea Party and how it was hijacked from the original Ron Paul group. It was hijacked BY corporate America, which is the radical right wing in America now. The old John Birchers. I am sure the Ron Paul Evolution groups are supporting OWS. Not the Dick Armey – Koch Brothers group, as Bdaman points out.

    While of course, most people cannot afford to go to an Obama fundraiser, we learned a very important lesson from his election. The problems we have cannot be solved at the ballot box. The system itself is corrupt. While some, like Bernie Sanders, think Obama can be swayed to do the right thing if enough pressure is brought to bear.

    Here is a very good statement in a nutshell:

    “Civil disobedience is not our problem. Our problem is civil obedience. Our problem is that people all over the world have obeyed the dictates of leaders…and millions have been killed because of this obedience…Our problem is that people are obedient allover the world in the face of poverty and starvation and stupidity, and war, and cruelty. Our problem is that people are obedient while the jails are full of petty thieves… (and) the grand thieves are running the country. That’s our problem.”
    ― Howard Zinn

  15. O.S.

    I have a question for you. How do you think a person who is homeless and wandered into an Obama fundraising dinner would be treated? Do you think the mainstream Democratic party would welcome the “living Jesus”?

    You and shano were really making effective and important arguments. Then you shifted into the standard operating procedure of deriding “tea baggers”. Why? Don’t you know that there are actually “tea baggers” at OWS rallies? Do you want to reach out to people or do you want to feel superior? If you want to reach out, lose the automatic hatred of a group. What would your living Jesus say to you about that?

  16. The whole point is to take the spotlight off of the OWS/1%ers and place it on OWS/Police … that’s all Bda’s doing.

  18. Bdaman
    It amazes me that the scope of the OWS movement is now national and international and you are worried about people showering? Why not worry about the issues and economic inequalities that bring them to occupy cities around the country? Whenever you have large groups of people you will have some problems. OS quoted the Maine Teapublican chairman and his arrogance is a living example of why the OWS movement is necessary!

  19. shano, I remember reading an excellent article many years ago by theologian Harvey Cox. He wrote (paraphrasing) that most Christians don’t get the teachings of Jesus because of their fixation on the actual crucifixion and ignore his teachings.

    Minor stuff y’know, like taking care of the sick and injured, or throwing the money changers out of the temple. So they murdered him after a show trial. The living Jesus would not last ten minutes at a typical teabagger rally before they would shout him down and eject him.

  20. Bdaman: “Then maybe they should go back to where they came from and organize in their own cities. If they are from their own cities go home at night, get something to eat, shower by all means and comeback tomorrow. no tiky no laundry.”

    hmmm, these people have no home. And homes are being taken away from millions of Americans these days.

    People who do not have health care are not going to align with the Tea Party.
    And others who have had their homes taken are not going to aline with people who support even more deregulation of the banks.

    People who cannot afford food will not aline with a Tea Party that wants to deregulate commodities speculation.

    People who cannot afford a higher education and cannot find jobs will not aline themselves with the Tea Party who wants to give the rich even more tax subsidies, tax loopholes and tax cuts.

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