'Overwhelming military-type response': Report criticizes Oakland police handling of Occupy protests

Stephen Lam / Reuters, file

Members of the Oakland Police department form a line during a confrontation with Occupy Oakland demonstrators on January 28, 2012.

Oakland police used "an overwhelming military-type response" to disperse Occupy Oakland demonstrators and fired at a former Marine and Iraq war veteran who was critically injured in the clashes in October, according to a report issued on Monday.

The federal court monitor tracking reforms in the Oakland Police Department came one day before anti-Wall Street protesters plan nationwide rallies on May 1, with Occupy Oakland demonstrators vowing to take over San Francisco's iconic Golden Gate Bridge.


Oakland's police practices came under intense scrutiny last year when former Marine Scott Olsen was critically injured during a demonstration in October. Protesters said he was hit in the head by a tear gas canister.

Iraq war veteran Scott Olsen, injured at an Occupy Oakland protest, gave his first live television interview following the incident to MSNBC's The Ed Show

The report concludes, for the first time from an official source, that police did fire at and hit Olsen that evening. An Oakland Police Department SWAT team member fired a beanbag round at Olsen, striking him in the head, according to the report.

"We have viewed many official and unofficial video clips of the Occupy Oakland-related incidents," the report said. "These recordings lead us to ask additional questions as the level of force that was used by OPD officers, and whether that use of force was in compliance with the Department's use of force policies."

Exclusive "Occupy" interview: Scott Olsen on MSNBC's The Ed Show

The beanbag rounds fired that night leave a green residue, which was found on the hat Olsen was wearing that night, later retrieved by police, according to the report.

The monitor, Robert Warshaw, said the court-ordered reforms, many of them related to how the department polices its officers, have gone backward during the past year, the San Francisco Chronicle reported.

'Thoroughly dismayed'
Olsen's case reinvigorated the Occupy movement against economic inequality, and the confrontations with police in subsequent protests turned Oakland into a focal point for the movement as demonstrators rallied against what they described as police brutality.

Jay Finneburgh / AP, file

Scott Olsen lays on the ground bleeding from a head wound after being struck by a projectile on October 25, 2011.

The Oakland Police Department has been subject to court-ordered external monitoring and review since the 2003 settlement of what was known as the Riders case, in which four officers were accused of planting evidence, fabricating police reports and using unlawful force, according to the Oakland police.

Injured vet spent days at work, nights at protest

Monday's report was the latest in a series designed to monitor and enforce compliance with the court-ordered reforms, known as the Negotiated Settlement Agreement.

"We were, in some instances, satisfied with the performance of the Department; yet in others, we were thoroughly dismayed by what we observed," monitor Warshaw wrote.

The police department announced last week that it was making significant changes to how it trains officers to control large crowds following criticism over its practices during Occupy Oakland protests that sometimes turned violent. It received more than 1,000 misconduct complaints during those protests.

"OPD has turned the corner," Oakland Police Chief Howard Jordan said in a statement upon the report's release. "My vision is to make Oakland one of the safer major cities in California." 

The police department's critics of the department said the report brought the force closer to a federal takeover, according to the San Francisco Chronicle.

"Stagnation is troubling. After nine years, more progress should be made," John Burris, one of two attorneys who brought a civil suit a decade ago that led to court oversight, told the newspaper. "We must seriously explore the next step."

Reuters and msnbc.com's Alastair Jamieson contributed to this report.

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Shouldn't all you hard working Republicans be at work by now?

    Reply#106 - Tue May 1, 2012 9:43 AM EDT

    They're all retired. Maybe OWS should ask for some pointers, instead of some handouts.

    • 2 votes
    #106.1 - Tue May 1, 2012 10:13 AM EDT

    So they are on entitlements then.

      #106.2 - Tue May 1, 2012 10:19 AM EDT

      You cant retire without being on entitlements? How stupid the left is (especially you)..

        #106.3 - Tue May 1, 2012 10:26 AM EDT

        Shouldn't all you hard working Republicans be at work by now?

        I am at work, inbetween meetings right now. Just checking back for the comic relief all the OWSers are providing.

        • 1 vote
        #106.4 - Tue May 1, 2012 10:31 AM EDT

        So Jax, you're stealing your company's time then.

        • 1 vote
        #106.5 - Tue May 1, 2012 10:32 AM EDT

        trudat, you missed the point but I'm not surprised.

          #106.6 - Tue May 1, 2012 10:33 AM EDT

          You know some of us might actually have a day off or do not go into work till later...OMG . You know my 401k and my investments that I've put together I will be able to live off of without ever worrying about social security. Some of us prefer not to depend on the goverment to feed and clothes us.

          • 1 vote
          #106.7 - Tue May 1, 2012 10:42 AM EDT

          So Jax, you're stealing your company's time then.

          No, they pay me for the work I do, they know I browse the web to find technical articles as well as laughing at articles like this and OWS idiots.

          Some day, I'm sure you'll have a job, too.

          • 1 vote
          #106.8 - Tue May 1, 2012 10:59 AM EDT
          Reply

          yeah darn police making us obey the law i think it's time for the police to stop protecting these idiots and letting the real Americans take care of them

          • 1 vote
          Reply#107 - Tue May 1, 2012 9:44 AM EDT

          These "journalists" don't have a clue about Oakland. The Oakland P.D. have an extremely difficult job to begin with, policing one of the most crime-ridden cities in California. Now you get a bunch of these punk, college-aged white kids who wouldn't otherwise have the guts to go into Oakland showing up for illegal protests and disrupting and destroying the city. My family and I spend quite a bit of time in Oakland, between Raiders Season Tickets, A's games and the Oakland Zoo. We always feel safe there, thanks to the presence of these dedicated men and women of the Oakland Police.

          • 1 vote
          Reply#108 - Tue May 1, 2012 9:45 AM EDT

          Ever wonder why this country is in the shape it is? Just read these comments!

          • 2 votes
          Reply#109 - Tue May 1, 2012 9:47 AM EDT

          Yep. A bunch of entitlement babies suckling at the government tit. No wonder it's all gone to hell.

          • 1 vote
          #109.1 - Tue May 1, 2012 10:14 AM EDT
          Reply

          These "journalists" don't have a clue about Oakland. The Oakland P.D. has a difficult enough job to begin with, policing one of the most crime-ridden and violent cities in California. Now they have to deal with these white, college-aged bums who wouldn't otherwise have the guts to show up in Oakland, disrupting and destroying the city. My family and I spend a lot of time in Oakland. We have Raiders Season Tickets, Oakland Zoo memberships and attend A's games. There are a lot of good, hard working people in Oakland but the presence of the men and women of the Oakland Police always makes us feel safer. They have gone out of their way to be friendly to my toddler and we appreciate the tough job they do every day. This criticism is unwarranted. Thank you to the Oakland Police.

            Reply#110 - Tue May 1, 2012 9:50 AM EDT

            Wasn't that so called veteran, kicked out of the Marines for being a druggy and malcontent?

            • 1 vote
            Reply#111 - Tue May 1, 2012 9:51 AM EDT

            yeah, this was just Olsen. Imagine what happens when law enforcement really screws the pooch.

              #111.1 - Tue May 1, 2012 9:53 AM EDT

              I like how everyone is separating law enforcement and the military, when in fact, one is disproportionally populated by the former rank and file of the other.

                #111.2 - Tue May 1, 2012 10:16 AM EDT
                Reply

                I've come to the conclusion that every progressive, and far rightest I've known, and those on this message board are living in the ugliest world imaginable. A world, (I must add) of your own creation. I think you have all been in the battle trenches of hate for so long that you will miss the wonderful, and beautiful aspects of life as they pass by. As you get older, your opportunities to be decent to your neighbors get fewer.

                  Reply#112 - Tue May 1, 2012 9:59 AM EDT

                  Amen to that. Ever wonder why this country is in the state it is? Just read these comments!

                    #112.1 - Tue May 1, 2012 10:06 AM EDT

                    Yep, lazy entitlement bums have ruined this country. The working-man and successful businessmen are stuck with an oppressive tax burden due to these government tit-suckers. It's laughable to think of Jefferson on food stamps and cash assistance. Now, Lenin might disagree, but who cares about him. Socialism already destroyed everything he built.

                      #112.2 - Tue May 1, 2012 10:19 AM EDT

                      I hate my neighbors they are annoying and cut my tree down because it was too close to their fence.

                        #112.3 - Tue May 1, 2012 10:38 AM EDT
                        Reply

                        The Oakland Police performed a thorough internal investigation, and found that the injury was definately self inflicted the same as the Homeless Man that was beaten to death by California Police. He did that to himself. That is why any Public support for the Police is fleeting. Police are Liars and Criminals in uniform and at Taxpayers expense.

                          Reply#113 - Tue May 1, 2012 9:59 AM EDT

                          When one chooses to use defecating and urinating in public as a strategy to protest whatever, they lose all credibility in my eyes. Further, when this same groups purposefully does things to provoke the police to react aggressively, that is not a protest, but folks trying to start some *hit and play the victim. Indeed, this country has some serious issues that need to be addressed by the people. However, voiding in public, having sex in public, indulging in drugs and just acting a damn fool for all the world to see just isn't the answer. Rome was not built in a day, and we the people have allowed some of this corruption to persist. Because of this, it will take time for us to correct these wrongs. I will do my part, e.g. by voting and doing whatever else I can do that is legal when I am not working my two jobs, six days a week. Further, I will not let anybody for any reason prevent me from going to work!! Thankfully, I live in Arizona and my strategically located weapons will help assist me in this endeavor. God bless America!!!

                            Reply#114 - Tue May 1, 2012 10:01 AM EDT

                            Maybe what them "protesters" (anarchists) need its a little bit of dictatorship, the kind employied by the comunists in eastern Europe in the 1950`s. It worked and kept the in check forthe next 40 years.

                            • 1 vote
                            Reply#115 - Tue May 1, 2012 10:03 AM EDT

                            they should have been more forceful.

                              Reply#116 - Tue May 1, 2012 10:05 AM EDT

                              My report says that the Oakland Police Department didn't use enough force and my report didn't cost the taxpayers money too!!

                                Reply#117 - Tue May 1, 2012 10:06 AM EDT

                                I would like to see a more positive thinking OWS group, there is no question of the disparity of the wealth and how it does not trickle down in the world, and this country!

                                The 99% has the power to bring change without disruptive demonstrations, like any other movement it has enough advertisement at this point to put together a membership of like minded people who have the education to organise, and raise enough money through news letters, and other means to be able to invest their way to bring about much needed change! if they would set it up with a good plan, they could raise enough money to buy a million shares of apple stock, or coca cola, this would generate dividends, as the stock goes up , they could even take control of companies, there is no end to what they could accomplish with the right leadership, it would be good to see fifty million people get together and begin to change the system in a positive way!

                                There are many educated OWS people who could write bi laws to govern a movement like that, and put things in place to benefit the ones who would join and buy shares in it, they could become a power that would be able to change the things they think needs to be changed without disrupting anything!

                                  Reply#118 - Tue May 1, 2012 10:07 AM EDT

                                  And nothing like that would happen because , for the most part its just mob mentality.

                                    #118.1 - Tue May 1, 2012 10:35 AM EDT

                                    Maniac; You have to admit that the financial system was at the brink of collapse, and still has a long way to go; and most of the middle class were the ones who lost everything, and there was a lot of shall we say shady business dealings going on at the higher levels, even corruption, and the less fortunate did suffer the most, its not as if they do not have many reasons to be fed up with the way things are done, lets be fair shall we?

                                      #118.2 - Tue May 1, 2012 11:00 AM EDT

                                      You want a bunch of lazy bums who all their miserable lifes didn`t do one day of honest work and collected hand outs from government dole to take control of comp. like apple or coca cola? Most of the middleclass didn`t lose anything its bums who lost or fear of losing the freebees. But there are few commie countries out there maybe u should try go to one of them.

                                        #118.3 - Tue May 1, 2012 12:03 PM EDT
                                        Reply

                                        Ironically the same people out protesting are the same ones who support;

                                        a green energy life style; equality for animals, a vegetarian life style; illegal immigration; taxing corporations out of business and then want more free stuff paid for by the government.

                                        All I can say is get a life, get a brain and get real.

                                        • 2 votes
                                        Reply#119 - Tue May 1, 2012 10:08 AM EDT

                                        don't laugh...........in time, you will get your wish

                                          Reply#120 - Tue May 1, 2012 10:08 AM EDT

                                          After reading these comments it seems that many of you have forgotten this dodument. Here are only the first 2 paragraphs. You should take the time and read it again, then maybe you will come to understand what is happening and why.

                                          When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

                                          We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

                                            Reply#121 - Tue May 1, 2012 10:24 AM EDT

                                            Exactly... I only wish you would have sent this to Nancy Pelosi as well as many other Democrat representatives and "journalists"

                                            Highlight: Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes;

                                            • 1 vote
                                            #121.1 - Tue May 1, 2012 10:37 AM EDT

                                            Vegas tink; the words are right in this document, but this country is still the best government that I know of I for one do not want any group like the OWS, or the Tea party taking it over, or overthrowing it; I do want things to change, but I have not seen anything, Re pubs, tea pubs, Dem's or OWS, that I would want to replace the government that we have now We do need to fix many things, and we can because of the constitution, and the government we have now! that's my opinion!

                                            • 1 vote
                                            #121.2 - Tue May 1, 2012 10:50 AM EDT
                                            Reply

                                            Good for the Oakland Police Department!! They should be used as a model for the rest of the Police Department's in the U.S in dealing with these low lifes. I saw one sign down on Zurcotti Park that read "STOP STRIPE BASS FISHING IN NY HARBOR." This same individual then proceeded to urinate on a park bench. I guarantee that if one of these OWS idiots suddenly won a lottery for 75 million dollars and instantly became part of the 1% , they would leave Zurcotti immediateley, buy a mansion in Westchester, purchase a lexus, and throw their protest sign away. If they were true OWS supporters they would turn this money over to charity (Yeah sure...that would happen). OWS people are the phoniest people walking the planet.

                                            • 1 vote
                                            Reply#122 - Tue May 1, 2012 10:29 AM EDT

                                            Could the police finally reach a point where the citizens are no longer willing to exercise their right to protest ??

                                              Reply#123 - Tue May 1, 2012 10:32 AM EDT

                                              The funny part is I know like 4 people who are Occupy protesters and they are all unemployed. These guys pretty much just want a hand out. They harass people who are working and providing for their familes. Trying to Distrupt their lives. The only thing OWS and such are doing is making people NOT want to support what they are after.

                                                Reply#124 - Tue May 1, 2012 10:33 AM EDT

                                                This is my challenge to the OWS movement, stop disrupting and start constructing, Organise and build a powerful organisation that will change the country; use your education, and the people who are behind you like Michel Moore, and others raise money it could be done in a short time, invest buy land, shopping centers, apartment complexes, banks, set them up to be fair to the workers, you made your point many do agree with you there could be millions ready to support you if you stop and think about how to do things that does need to be done but do it the right way, hurry up your missing out on many good investments, that could help the country, and make things better for the 99%!

                                                All the camaraderie is good but at some point you need to take a good look at what you can do in a real way it is more challenging but the rewards are much better, coca cola is getting ready to do a two for one stock split buy a million shares and you will collect twice the dividends that could be used to help the 99%!!!

                                                  Reply#125 - Tue May 1, 2012 10:34 AM EDT

                                                  Dale you sound like a wall street bankster..

                                                    #125.1 - Tue May 1, 2012 12:29 PM EDT
                                                    Reply

                                                    If they would have left when asked to by the police in the beginning no body would have gotten hurt!

                                                      Reply#126 - Tue May 1, 2012 10:36 AM EDT

                                                      As I recall when this happened the occupy protesters were acting crazy. Acting like mobs. Destroying gov't building vandalizing and completely out of control. I think they done what they had to do to protect others and try to stop the behavior. Seriously, they try to turn the craziness against the cops now when it was the protesters fault for carrying on and behaving like they were. They did not act orderly or peacefully they were angry mobs and you do not know what people will do or who they will hurt when they get in these situations.

                                                      By the way, there is always work to be had. You just have to find it. Even if it is cutting firewood or digging ditches putting up fences or other hard labor jobs sure they don't pay much but if you have a family to feed. Also instead of carrying on like they did they could have pulled together in groups and worked a plan out and swapped clothing for kids had a food swap and talk with each other about possibilities of job opp. Fast food is always hiring you may not be able to make what you use to but hey at least you will make something. People all over this country have done it forever while many have been turned up their noses at these jobs. Every state I go through they are hiring at fast food joints.

                                                        Reply#127 - Tue May 1, 2012 10:54 AM EDT

                                                        The Official Whining Squad of the Entitlement Generation needs to get off their butts and stop looking for a comfortable lifestyle funded by everyone else.

                                                        • 1 vote
                                                        Reply#128 - Tue May 1, 2012 10:58 AM EDT

                                                        The DNC and the Administration failed to protect their pets, OWS.

                                                        • 1 vote
                                                        Reply#129 - Tue May 1, 2012 11:02 AM EDT

                                                        I am soooo freaking tired of all you drones up there talking about "they were breaking the law." I hate to break it to you Fox Klowns but the United States Constitution still guarantees citizens the right to assemble peacefully and to protest government action, or non-action. The Constitution trumps ALL other laws.

                                                        The bottom line is that the powers that be wanted the media attention to stop and the only way to do that was to scare people. Oakland did that. When the police start getting violent, people stop coming. I wrote a piece back in September about OWS and included a video of a NYC police officer, several blocks from the protests and planning to go on duty, saying: "Man, are we going to get our sticks wet tonight". This is a freaking VIDEO of them planning violence before they even got on the freaking SCENE. Does this sound like it was the protestors who wanted trouble? And did you not notice that all of the sudden, after months of peaceful protest, the violence just erupted? Did you happen to see the gassing of students peacefully sitting on a sidewalk at Cal State-Davis? Didn't they look so threatening? Or how about the 84 year old woman in New York who was slammed to the sidewalk but cops with nightsticks? Or how about the supervising officer who was caught in NYC coming up behind people and hitting them and then running away after the trouble started? Or the 11 year old girl who was arrested for peacefully standing on the Brooklyn Bridge? Maybe watching Fox denied you the opportunity. Well, its all on YouTube. All you have to do is LOOK!!!

                                                          Reply#130 - Tue May 1, 2012 11:09 AM EDT

                                                          I am soooo freaking tired of all you drones up there talking about "they were breaking the law." I hate to break it to you Fox Klowns but the United States Constitution still guarantees citizens the right to assemble peacefully and to protest government action, or non-action. The Constitution trumps ALL other laws.

                                                          The Constitution does NOT allow you to trespass indefinitely, to defecate on cop cars, vandalize public property, and hinder people as they try to get to work or use public parks for which they were intended. Why is this is difficult for people to understand?

                                                          • 3 votes
                                                          #130.1 - Tue May 1, 2012 11:19 AM EDT

                                                          I saw all that on FOX news...Did you see all the laws being broken by the Protesters, on MSNBC?

                                                          • 1 vote
                                                          #130.2 - Tue May 1, 2012 11:22 AM EDT

                                                          Thanks Jax!

                                                          • 1 vote
                                                          #130.3 - Tue May 1, 2012 11:36 AM EDT

                                                          Occupy do not protest peacefully. They harass the police and keep taking things to the next level. They also try to take over public property. That is not part of ones right to protest.

                                                          • 1 vote
                                                          #130.4 - Tue May 1, 2012 12:14 PM EDT

                                                          Who foots the bill to clean up their mess and repair damage?

                                                          • 1 vote
                                                          #130.5 - Tue May 1, 2012 1:44 PM EDT

                                                          "They were breaking the law." No denial of that will float. Assault, rape, riot, incitement to riot, tresspass, harrassment, and constant violations of public and personal hygene.

                                                          Their needs will not be met in a dirty tent city.

                                                            #130.6 - Tue May 1, 2012 5:15 PM EDT
                                                            Reply
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