Bob Ostertag works at UC Davis. He has a piece in the HuffPo that just imploded the use of pepper spray on non-violent protestors. Even those who refuse a “lawful” order to move.
I just spoke with a doctor who works for the California Department of Corrections, who participated in a recent review of the medical literature on pepper spray for the CDC. They concluded that the medical consequences of pepper spray are poorly understood but involve serious health risk. As with chili peppers, some people tolerate pepper spray well, while others have extreme reactions. It is not known why this is the case. As a result, if a doctor sees pepper spray used in a prison, he or she is required to file a written report. And regulations prohibit the use of pepper spray on inmates in all circumstances other than the immediate threat of violence. If a prisoner is seated, by definition the use of pepper spray is prohibited. Any prison guard who used pepper spray on a seated prisoner would face immediate disciplinary review for the use of excessive force. Even in the case of a prison riot in which inmates use extreme violence, once a prisoner sits down he or she is not considered to be an imminent threat. And if prison guards go into a situation where the use of pepper spray is considered likely, they are required to have medical personnel nearby to treat the victims of the chemical agent.
Apparently, in the state of California felons incarcerated for violent crimes have rights that students at public universities do not.