The plaintiffs appealed to the U.S. 9th Circuit Court of Appeals, based in San Francisco.
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In three incidents, the first in September 25, 1997, in the office lobby of Pacific Lumber Company in Scotia, California, the second at a Pacific Lumber logging site in Bear Creek on October 3, 1997, and a third incident at the Eureka district office of Congressman Frank Riggs on October 16, 1997, County sheriff's deputies stuck pepper spray drenched Q-tips into the protesters' eyes to try to coerce them to end the protest.
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