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Judge approves $1 million settlement of UC Davis pepper spray lawsuit

By Fiona Kirby

Jan. 9, 2013 7:04 p.m.

The original version of this article contained errors. See the bottom of the article for additional information.  

A federal judge approved a $1 million settlement Wednesday in a case filed by UC Davis demonstrators, following the pepper spray incident that occurred on the campus in late 2011.

The settlement calls for the University of California Board of Regents to pay $30,000 each to the 21 demonstrators who brought the case forward. The regents will also have to pay $20,000 to any demonstrator who submits a claim about problems resulting from the Nov. 18, 2011 pepper spray incident within 30 days of Wednesday. If more than five claims are approved, payment will be reapportioned so that it does not exceed $100,000 in total. Any claims have to be verified by an individual designated by the regents and one designated by the plaintiffs.

According to the settlement, UC Davis Chancellor Linda Katehi will write individual apologies to demonstrators in the lawsuit. The regents, however, have not said yet whether or not they intend to grant students exceptions or change grades that may have been affected by the incident.

In exchange for the settlement, the demonstrators agree not to pursue further legal action against the regents and anyone working under their direction in connection to the pepper spray incident.

“(The settlement) allows the students and others whose rights were violated to move forward with their lives,” said Michael Risher, the American Civil Liberties Union staff attorney for the lawsuit. “We were happy … it allows us to work with the university to change their policies in a more productive way.”

The regents intend to submit any new or revised Davis campus policies regarding the use of police force, the handling of student demonstrations and crowd control in the future to the attorneys on the case from the ACLU for review and input prior to adoption. The board will pay ACLU attorneys $250,000 for fees incurred during prosecution and settlement of the case.

Compiled by Fiona Kirby, Bruin contributor.

Correction: The original version of this article contained errors. If more than five claims are approved, payment will be reapportioned so that it does not exceed $100,000 in total.

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