Federal Judge Grants Temporary Restraining Order Against Use of Tear Gas

dubbin_ferguson_teargasOn Thursday, Federal Judge Carol E. Jackson of the United States District Court for the Eastern District of Missouri, entered a temporary restraining order against defendants Chief Jon Belmar of the St. Louis County Police, Chief D. Samuel Dotson III of the St. Louis Metropolitan Police and Capt. Ronald S. Johnson of the Missouri State Highway Patrol.

Judge Jackson ordered that tear gas cannot be used to disperse legal gatherings and that the police must give clear warnings before deploying tear gas. The judge also ruled that the police must take steps to minimize the effect on those following orders and ensure that people have a “safe egress from the area.”

The matter was filed by six plaintiffs who also asked the court to issue a temporary restraining order requiring the police to wear “clearly visible personal identification” when responding to protests, and for the police to adhere to the law when deciding whether a protest constitutes illegal assembly.

A preliminary hearing is scheduled for January 6, 2015.

Posted on 12/12/2014, in Michael Brown - Ferguson and tagged , , , , , , , . Bookmark the permalink. 23 Comments.

  1. Based on what the judge has ordered, I’m wondering when ‘training’ for officers will begin as it seems the “clearly visible personal identification” requirement has once again been an issue…it wasn’t enough for the DOJ to have ordered it, twice.

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  2. That’s what make folk apprehensive of the police, that mind set some have of being ‘above the law’ by covering their name tags. Knowing who they are helps keeps the police accountable. So nice a Federal judge has issued a TRO against using tear gas so much!

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    • Hey Mindyme. When the Ferguson cops first stopped wearing their name badges, they said it was to prevent Anonymous from doxing them. They feared and still fear Anonymous.

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      • They should! They need to know there will be accountability for their bad behavior whether it comes from the Justice system or somewhere else.

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        • Watch them be called on a Rule to Show Cause for disobeying the TRO, and defend by saying it was no longer a peaceful protest because someone wearing a mask was in the middle of the street stopping traffic. They are professional liars.

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  3. When worse comes to worst though, I would rather be confronted with tear gas than rubber bullets , or real bullets. protesters can bring damp and wet towels to protect themselves from tear gas. Citrus juice will come in handy, too… ( That’s my mother’s suggestion. She was a veteran protester in the Philippines during former president Marcos’ evil dictatorship.)

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    • Hey Ren! I would not want to be confronted with any of it. There are reports of rubber bullets doing some serious damage, such as taking out the eye of a person and someone in NY was taken to the hospital after being shot in the head with a rubber bullet.

      Hmmm — citrus juice. I can understand why that’s better than milk. Tomato juice draws out infection and pain, so I suspect that citrus juice does the same. I’ll have to pass the word around. Thanks.

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      • A rubber bullet killed the only son of Bruce Lee.

        I don’t know what the citrus juice does,…. I think you have to rub the skin w/ it. The damp towel is to cover the face. The water in the towel will absorb the gas. My mother said that they always had a map of the place where they were going to hold a mass protest…. and they were told where to run and seek refuge. The military of Third World dictators are deadly, Xena. I don’t know if you have heard of Ferdinand and Imelda Marcos of the Philippines and the People Power revolution. That was in ’86, and it began the downfall of Russia, Romania, South Korea, and the Berlin Wall. And that[s the contribution of the Philippines to World History… and my Mom was part of it.

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        • Ren, was it a rubber bullet that killed Bruce Lee’s son? I remember that it was fired really close to his head. That situation had me upset for a long time. Yes, I remember “1,000 pairs of shoes Imelda.” 1986 was a busy year for me and I didn’t keep up on details (just whatever I caught in TV news at the time), so I appreciate you sharing your knowledge of the greater scale. Bet you are proud of your mom.

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  4. Two sides to a story

    Good judgments.

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  5. Tear gas is a chemical weapon. It’s also torture. And what are the long term health risks, and how does if affect the fetus of pregnant women?

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    • Hey Glenn. I’ve briefly read reports of tear gas causing serious problems for pregnant women and fetuses. Since it is a chemical, I suspect that it causes some serious health problems too. It frightens me that our own law enforcement uses it on our own citizens — or any other humans for that matter.

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      • I’ve always said tear gas constitutes cruel & unusual punishment, ya know, since they always seem to use it against peaceful protests and marchers.

        Here, let me gas yer ass……….they club you…….then stomp on you…..then arrest you.

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        • Racer,
          The demonstrators are very brave. I thought that law enforcement would respond more civilly these days and not like they did in the 60’s and 70’s, but I was wrong.

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          • I guess we’re regressing as a country…..well they are, the rest of use seem to have a handle on what is right, fair & just.

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  6. peni4yothot

    Some may have watched Live stream the evening protesters were “kettled” in at MokaBe”s. It was one more recent tear gas incident.
    Stl county has repeatedly gone from 0-100 using tear gas w/o warning and if warned; they give no form of exit for protesters. (intentional blocking in)

    Chris King @chriskingstl
    · 22h 22 hours ago
    That’s @kirabanks, @bdoulaoblongata & @MusicOverPeople leaving federal court today after testifying against police.

    https://pbs.twimg.com/media/B4mo1oYCcAAPlX1.jpg:large

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  7. I’m watching Dr. Phil’s now. Eric Garner’s family, Michael Brown’s mom, Sybrina Fulton and Roland Martin are hitting it home.

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    • I watched the last 45 minutes. That cop rep makes me sick. His insinuation that cops can do no wrong is a joke. His claim these are all split second decisions is flat out wrong. The video of the cop with a body cam would get any civilian convicted if it was them as a shooter.

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      • Remember when Roland Martin told the cop Brooks that one of the men was a law school student and knew his rights? When the camera went back on Brooks, he looked like he wanted to kill. It was if I could read his mind saying, “Rights? Cops are immune from respecting rights.”

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  8. yahtzeebutterfly

    OT
    Alexis @MusicOverPeople · 1h 1 hour ago
    Tonight I met Antona Ebo. She led the March on Selma 50 years ago & said it was honor to stand next to ME. Amazing.
    I’m standing next to a 90 year old freedom fighting woman who is saying I’m an inspiration to her. My heart is melting.

    https://pbs.twimg.com/media/B4tHrtoCYAE-Lr7.jpg:large

    I just found a documentary video about Sister Antona Ebo:

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  9. yahtzeebutterfly

    This video shows the horrible and uncalled for use of tear gas by the SLPD.

    On the night of the Grand Jury decision not to indict police officer Darren Wilson for the shooting of Mike Brown, live streamer, Rebelutionary_Z recorded events in St. Louis, Missouri

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  10. yahtzeebutterfly

    Related topic on police using devices on crowds that can harm people’s health:

    “Concerns Raised Over Shrill Device New York Police Used During Garner Protests”

    http://www.nytimes.com/2014/12/13/nyregion/lawyers-raise-concerns-over-shrill-device-used-by-police-during-garner-protests.html?_r=0

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