a new problem for the bay area's nba basketball team. first, the season was delayed by labor troubles. now a harassment lawsuit. good afternoon. i'm tori campbell. four days before the nba season is supposed to begin, the warriors are now facing a harassment lawsuit. it accuses one of their star players -- it -- the accusation is against one of their star

players. it's coming from a former employee with the team. ktvu's tara moriarty will be joining us shortly with more on this lawsuit that was filed just a few hours ago. a scuffle with a muni rider this morning ended with a san francisco police officer accidentally getting pepper sprayed. it happened at fulsom and em bar ka embarcadero, >> the officers involved -- got involved. the pepper spray was supposed to be -- was not supposed to be used. and it was. it definitely worked. it burn the. >> paramedics flushed the man's face. the suspect is at the hospital.

he faces charges. thousands of bay area nurses are set to bach off the job tomorrow. they plan to stage a one-day strike unless an agreement is reached with sutter health and kaiser. this will be the secretary major walkout in the past three months by northern california nurses. this time there are two major sticking points. the hospital's latest contract proposal calls for eliminating charge nurses and paid sick leave. the nurses say the proposal eliminates many workers' rights and patient protection. here are more details about tomorrow's strike. eight bay area hospitals could be affected as thousands of nurses plan to strike in solidarity. summit nurses will be locked out until saturday, those who strike there. the hospital says hundreds of replacement nurses have been hired to fill in. kaiser says it's rescheduled elective surgeries.

one day after the dow jumped over 300 points, technology stocks are leading the markets lower. ibm was the biggest decline and financial shares were lower on lingering worries about europe. take a live look at the big board, the dow is down 31. the nasdaq is also down significantly because of its connections with technology. down 40. s&p is down 2. oracle is down 13.5 right now. this is after the sot ware company said it was struggling to close deals. the results seem to reinforce worries that businesses and the government may cut back on technology spending. especially worrying was a weak 2% gain in new software licenses, a key sign of demand from other businesses. oracle predicted gains of as much as 16%. the city of oakland is reviewing the tactics it used

in handling the occupy protests. there's new information. kraig debro is live to explain how the city is gonna handle this review. kraig? >> reporter: yeah, tori. the mayor announced there will be an independent auditor but here at city hall across the plaza, there is a group of occupy oaklanders out here right now. i just talked to a police officer and he said they have a permit to be here, not only during the day but at night. this no carrierringringconnect 0

is. >> reporter: occupy oakland believes one of those items

struck iraqry war vet scott olson and struck his skull. >> one of the things that i think may well ad to our team -- add to our team is an attorney. >> reporter: reporting live from oakland, kraig debro, ktvu channel 2 news. >> all right. thank you, kraig. after a long debate last night, the oakland city council failed to pass a resolution green lighting more aggressive policing to avert another port shutdown. the resolution needed six council vos to make it an urgency measure. it got only four votes. opposinging council members didn't -- opposing kim jong-un

members didn't want to -- opposing council members didn't want to rush ahead. >> this is the police department. you are subject to arrest! >> just before mid my, denver police moved in on occupy protesters in that city. the police chief says he met with protesters twice telling them structures were banned in parks but he says they continue to violate that law and ignore his warning. nine people were arrested and protesters were forcibly removed from the park. denver residto see the park cle of the occupy encampment. the warriors are face a harassment lawsuit. tara moriarty is live with details on the lawsuit filed just hours ago. >> reporter: well, this is a copy of the lawsuit that was filed this morning. and we met the woman behind these allegations. she's accusing the warriors markee player of -- marqee player of harass her and trying to cover it up.

she would receive harassing allegations from star guard, monta ellis. >> in muir view -- in our view, there's been a coverup and an attempt to sweep it under the rug. >> my client felt mortified. she's being blamed and told it was consensual. >> reporter: they say he used a secret cell phone provided by the warriors. >> he kept a cellular telephone see questions terred with the warriors' equipment manager. he had the cellular telephone bill go to a third party so it wouldn't be seen. >> reporter: smith was fired this august. it was a job she held for four years. she worked with the nba for 14 years. >> i worked with the players.

i -- you loved my job. i loved what i did. >> reporter: we went to ware wear headquarters but were told no -- warrior headquarters but were told no one was available to comment. smith says his client deserves an apology and money for lost wages and ellis, some disciplinary action. apparently they found out about this whole scandal by ellis' wife. we'll have much more on this at 5:00. tara moriarty, ktvu channel 2 news. >> thank you, tara. coming up in 15 minutes, an update on star point guard stephen curry's injury after last night's stumble on the court and what it could mean for the season opener this sunday. the little boy who reportedly fell 60 feet and hit his head on a mix of snow and bare ground. the child was a member of the

sugar bowl ski team and was wearing a helmet, he died. his name and where he's from have not been released. coming up in about 10 minutes we'll checks on the resorts as they try to -- check on the resorts as they try to make due with very little snow. many house lawmakers are leaving washington for their holiday vacations today without reaching any new deal on the payroll tax cut. that means there's just ten days left until the measure expires and millions of americans mr. see a tax hike -- will see a tax hike. senny highway appeared on -- senny hoeyier appeared on the floor to express his disappointment. >> as you walk off the floor, mr. speaker, you are walking away, just as so many republicans have walked away. >> highway hoyer would extend

tax cuts for another two months. john boehner and others are calling on senate negotiators to join them for the search for a compromise. >> all we're asking for is to get the senate members over here to work with us, to resolve our differences so we can do what everybody wants to do. >> which is to extend the payroll tax cut for a full year. president obama called john boehner and harry reid this morning to urge a resolution to this standoff. new video just in after a police chase involving a wrong- way driver in the bay area. you will hear from a woman whose car was hit. steve paulson is searching

the skies looking for rain to tell us if any will arrive this afternoon. as the army investigates the suicide of a soldier, his family says he was harassed by other soldiers because of his race.

3, 2, 1. >> the crew began the journey to the international space station. a soyuz spacecraft is carrying an american, cupman and russian after they left from the launch facility in kazakstan. they will be together until march conducting many experiments, including several on the effects of weightlessness on the human body. police in contra costa county are looking for a man they say stole an airport shuttle van and tried to run over a police officer. officers found the van near concord's baldwin pash, just east of port chicago highway. pleasant hill police began to clays the van after an officer tried to pull it over and the driver tried to run him down. at one point the van went the

wrong way on the highway and then hit a stoplight at the offramp on grant street. officers used dogs to search the area but did not find the man who had been driving the van. santa cruz county sheriffs today announced their five most- wanted criminals, including suspects sought for rain and murder -- rape and murder. they are each wanted for murder. loza is wanted for two sexual assault charges. gonzalez is suspected of raping a 14-year-old girl. the sheriff's department also is search for francisco alvarez kariz on auto theft and burglary charges and jose vazquez rivera for false imprisonment and sexual battery of a woman. the parents of an army soldier who apparently committed suicide after being hazed wants justice for their son. >> two months of agonizing over

the loss and -- [ inaudible ] >> private chen died in afghanistan last october. eight fellow soldiers have been chaushed in connection to his death. during a news conference in new york this morning, his fall and friends accused him of racial insults and taunts, including throwing stones at his head and forcing him to hold liquid in his mouth while upside down. private first class bradley man something suspected of leaking top-event information to the wicki labors website. defense witnesses describe his emotional state in iraq. manning's attorneys portray him struggling with gender identity issues. prosecutors spent four days presenting their case. earlier we brought you the

latest on harassment lawsuit against the goend -- golden state warriors. the warriors also have another big problem star point guard, stephen curry reinjured his surgically repaired right ankle during the preseason game last night against the sacramento kings. teammates had to help him off the court. he was diagnosed with a sprained ankle but will undergo further tests. his status is unknown for the season opener in oakland on christmas night. and christmas came a few days early for some needy families in san francisco. the salvation army opened its toy and joy warehouse on jessie street today. volunteers helped children from low-income families choose toys, stocking stuffers, and other gifts to put under the tree. the family also received a holiday food box. >> this is my favorite time of the year to be in the salvation army because we get to do an

allout-sellout and give everything away. it definitely puts me in the christmas spirit. the salvation army provided gifts for 1400 families today. over 5600 kids are expecting to get new bikes, toys and books from say cetd heart in san jose. it's holding it's annual holiday event today and tomorrow. the gifts all came from donations from bay area companies, schools, churches and individuals. sacred heart will be distributing 3,000 food boxes to families for christmas. santa claus took some time out of his busy schedule to check in on the kids in emeryville to see if they had been naughty or nice. >> right here, bud. >> there you go. >> thank you. [ laughter ] >> well, santa left the sleigh at the north pole and took a motorcycle for a spin. the emeryville police motorcycle santa greeted shoppers and took pictures outside of target and brought a few helps from the police

department. >> it's just spreading christmas cheer. it's just being out in the community. we want everybody to know we're part of the community. we're just on here trying to bring smiles to people's faces. and kids who stopped by got an early gift. officers handed out stuffed animals donated by target. the holiday forecast for the bay area remains dry and mild. early indications are 2012 could see below average rainfall. that's disappointing news for take ha hoe -- lake tahoe resorts. they are already scrambling for snow. the hills at heavenly look quite bare. only a few runs have been used using manmade snow while the smaller places might be forced to open later in the winter. we certainly hope that we can find snow in the mountains and rain here. everything looks really quiet. it was cold this morning. a lot of 20s. the pattern just doesn't want to change. another low will drop into

northern arizona. the last three have dropped into southern california. this one will go more towards northern arizona. so cool and windy if you are heading to las vegas, the desert, southern california or even phoenix. otherwise, it's about the same. night and morning fog gives way to sunshine. but boy, is that hazy sunshine now. the fog comes back in from the valley, also from the delta and some that is slow, slow, slow to burn off. we had 20s, 30s. if you were stuck in the fog, it's only in the 40s. there's not enough to wipe it out. a little system clipping right there will -- it's dry. it won't do anything. precip wise. but it might kick up winds in the higher passes. best time to go is to travel right now, nights and mornings, that fog is really, really thick. only 42, fairfield. 56 san francisco, so we get a little puff of that easterly breeze. that's cold for some. that's really mild and warm for others. i don't see any change. everything continues to lied up

-- ride up and over the ridge of high pressure. watch out for wind. i think the east bay hills will pick up as well. still some fog holding on to the valley areas. temperatures if you are anywhere near that fog. it's in the upper 30s and or -- 30s or 40s. that fog it starts off cold but then warms up. it looks like breezy on thursday and friday. it looks really no carrierringrr