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DAVIS, CA - NOVEMBER 21: UC Davis Chancellor Linda Katehi (C) is escorted to a car after she spoke to Occupy protestors during a demonstration at the UC Davis campus on November 21, 2011 in Davis, California. Thousands of Occupy protestors staged a demonstration on the UC Davis campus to protest the UC Davis police who pepper sprayed students who sat passively with their arms locked during an Occupy Wall Street demonstration on November 18. (Photo by Justin Sullivan/Getty Images)
Some more details on the University of California's task force investigation into the pepper spraying of peaceful protesters by UC Davis police are contained in the court documents filed Tuesday by the system.
Attorneys representing the UC system and the campus police union will be in an Oakland courtroom Friday for a hearing on whether a court hold on the public release of reports into the November incident will remain in place.
A task force report was ordered by UC President Mark Yudof at the request of UC Davis Chancellor Linda Katehi. An independent inquiry was also performed, and a report generated from that, by the consulting firm Kroll.
According to the university system's court filing, the task force was told to receive and review Kroll's report; then based on that review and other available information issue findings regarding "responsibility for the events"; and finally, provide recommendations on improvements to "police procedures, command protocols, and campus policies and oversight structures that will help ensure the rights and safety of non-violent protesters and the entire campus community are protected."
Justin Sullivan/Getty Images
DAVIS, CA - NOVEMBER 21: Occupy protestor hold signs during a demonstration at the UC Davis campus on November 21, 2011 in Davis, California. Thousands of Occupy protestors staged a demonstration on the UC Davis campus to protest the UC Davis police who pepper sprayed students who sat passively with their arms locked during an Occupy Wall Street demonstration on November 18. (Photo by Justin Sullivan/Getty Images)
University of California attorneys will be back in court Friday to argue for the public release of a task force report into the pepper spraying of peaceful protesters by UC Davis campus police in November.
The report, ordered by UC President Mark Yudof at the request of UC Davis Chancellor Linda Katehi, was to be released March 6. However, the release was put on hold when Alameda County Superior Court Judge Evelio M. Grillo granted attorneys representing the campus police union and specific officers involved in the incident a temporary restraining order.
The court will determine at Friday's preliminary injunction hearing whether the hold on the release remains in place pending a trial on the matter, said attorney Mike McGill, who represents officers involved in the case and is general counsel for the Federated University Police Officers Association.
The University of California General Counsel Charles Robinson released a statement today after an Alameda County Superior Court judge ordered the system to temporarily withhold the public release of a task force report into the pepper spraying of of peaceful protesters at UC Davis by campus police.
"We are obviously disappointed that public disclosure of the findings and recommendations of the task force chaired by former California Supreme Court Justice Cruz Reynoso has been delayed. The work of the task force represents a crucial step forward for the UC Davis campus as it attempts to move beyond the events of Friday, November 18."
"The task force has worked diligently to provide the UC Davis community and the public at large with a full, expeditious accounting of the incidents in question."
"In granting the temporary restraining order requested by a UC campus police union attorney, Judge Evelio M. Grillo emphasized that he was not ruling on merits, but only preserving the status quo until the hearing on March 16."
"We look forward to the next round, and we will fight vigorously in court to ensure that the task force report sees public light as soon as possible."
Thousands rally at UC Davis Monday after Occupy protesters were pepper sprayed on campus last week. @joeja tweets: "I've never seen so many people on the #ucdavis quad." He tweets this photo.
The report, ordered by UC President Mark Yudof at the request of UC Davis Chancellor Linda Katehi, was to be released at noon today online and discussed in a public meeting this afternoon. The report provides details from an investigation into the November incident by a task force headed by former California Supreme Court Associate Justice Cruz Reynoso.
An attorney representing the campus police union and specific officers involved in the incident filed paperwork for a temporary restraining order in Alameda County Superior Court. Judge Evelio M. Grillo's order puts a hold on the release of the report for 21 days until a preliminary injunction hearing. If a preliminary injunction is granted, then the report would be held through a trial on the issue.
AP Photo/The Enterprise, Wayne Tilcock
In this Friday, Nov. 18, 2011, photo University of California, Davis Police Lt. John Pike uses pepper spray to move Occupy UC Davis protesters while blocking their exit from the school's quad Friday in Davis, Calif. Two University of California, Davis police officers involved in pepper spraying seated protesters were placed on administrative leave Sunday, Nov. 20, 2011, as the chancellor of the school accelerates the investigation into the incident.
Here are more details on the postponing of a task force report that was to be publicly released Tuesday on the pepper spraying by campus police of peaceful protesters at UC Davis in November.
The report was to provide recommendations and details from the investigation. But now that has been postponed while the university and union representatives meet in court Tuesday.
Attorney Mike McGill, who represents the campus police officer's union and the officers involved in the case, said he is planning to file a temporary restraining order in court Tuesday morning to prevent the public release of the report.
"This investigation that they've done, as a matter of law, is confidential," McGill said. "Any investigation that's on peace officers based on complaints and the investigation of complaints is protected under the penal code as confidential, and can't be released to the public."