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Saturday, January 25, 2014

Occupy Protestor Forced to Pay Court Fees to Appeal Decision on Her Excessive Force Case

Occupy Protestor Forced to Pay Court Fees to Appeal Decision on Her Excessive Force Case

by Simone Sanner
Liz Nichols, the Occupy protestor whose picture went viral when a photographer Randy L. Rasmussen of The Oregonian, captured police giving her a face full of pepper spray, has decided to appeal after losing her suit of excessive force by the City of Portland.
Deputy city attorney David Landrum said that he had decided not to pursue legal fees if Nichols agreed not to appeal. "I said 'I don't need to drag this money out of her,'" Landrum said, noting that he knows Nichols is a college student at Portland State University.
At the time of her federal trial, she also was working as a janitor. However, Nichols feels her trial had errors. But since Nichols is appealing, Landrum wants the money. If she doesn't pay, Portland says that .35 percent interest will be added to every year that she leaves the bill unpaid.
Nichols, 23, is suing for the pain and suffering caused by the incident. She states that even after the physical trauma of the incident she has suffered from nightmares, depression and worsening eczema.
The breakdown of costs she must pay is as follows:
  • $350 for fees to the clerk
  • $85 for fees for summons and subpoena
  • $5,195 for fees for transcripts used in the case
  • $82 for fees for witnesses
  • $838 for copying costs
  • $20 for docket fees
  • $546 for other costs
Nichols says that she didn't hear police telling her to move down the sidewalk, and didn't raise her arms aggressively at police when a police baton was shoved into her torso and they then sprayed her with pepper spray.
In case you don't remember what happened to Nichols, here is the photo of her getting a face and a mouthful of freedom from Portland police.
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Simone Sanner

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