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Attorney: Investigation into UC Davis police pepper-spraying incident is 'confidential'

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."


Task force report on pepper-spraying of peaceful UC Davis protesters delayed

Occupy UC Davis Protests Police Pepper Spray Incident

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)

The highly anticipated release of a task force report investigating the use of pepper spray by UC Davis police on peaceful protesters in November is being postponed after the union representing UC campus police requested a court order to halt the public release of the document, UC officials said today.

The task force report, ordered by UC President Mark Yudof at the request of UC Davis Chancellor Linda Katehi, was to be released at noon Tuesday. The details were to be discussed at a public meeting later that afternoon.

Task force chair, former California Supreme Court Associate Justice Cruz Reynoso, decided to postpone the release today after an attorney for the Federated University Police Officers Association informed the UC Office of the General Counsel that it will request a temporary restraining order in Alameda County Superior Court Tuesday, according to a UC statement.