[...] As we recently concluded, the use of pepper spray “may be reasonable as a general policy to bring an arrestee under control, but in a situation in which an arrestee surrenders and is rendered helpless, any reasonable officer would know that a continued use of the weapon or a refusal without cause to alleviate its harmful effects constitutes excessive force.” LaLonde v. County of Riverside, 204 F.3d 947, 961 (9th Cir.2000) (emphasis supplied). Because the officers had control over the protestors it would have been clear to any reasonable officer that it was unnecessary to use pepper spray to bring them under control[...]Source:
HEADWATERS FOREST DEFENSE v. COUNTY OF HUMBOLDT. United States Court of Appeals, Ninth Circuit. http://caselaw.findlaw.com/us-9th-circuit/1332957.html
