Portland Protesters File Class Action Lawsuit Alleging Injuries By Federal Agents

The federal government faces a new class action lawsuit filed by a group of demonstrators who claim they were injured by law enforcement officers during the Portland protests.

The four plaintiffs in the case say they have been injured by federal officers deployed to the city in an attempt to quiet the protests.

The plaintiffs say the agents have “failed to employ de-escalation strategies or tactics,” instead choosing to escalate violence each night by targeting peaceful individuals “for injury or assault without probable cause, pursuing protesters, observers and journalists through the streets” while firing tear gas, pepper-spray balls, rubber bullets and other munitions.

“These federal agents used chemical and impact munitions designed for war zones against American civilians,” plaintiffs’ counsel said in announcing the lawsuit, according to OregonLive. “Their actions resulted in hundreds of injuries to peacefully protesting women and men of all races, ages and walks of life.”

In addition, the plaintiffs believe the defendants surveilled protesters in and around the Portland protest zone, including collecting “video and data images” from cameras, cellphone data and other digital media.

Calls for racial justice and an end to police brutality have continued throughout the country since the May death of 46-year-old Black man George Floyd at the hands of Minneapolis police.

On June 26, after weeks of unrest in Portland and “in reaction to the measures taken by state and local actors to deescalate police violence against protesters, medics, legal observers, press, and the public,” President Donald Trump issued an executive order “unlawfully” deploying federal agents to the city, according to the class action lawsuit.

“Following the deployment, unidentified agents in military fatigues emerged for the first time from the federal courthouse and engaged with members of the public as enemy combatants,” the class action lawsuit says, adding that most of the federal agents “are not adequately trained in the First Amendment rights to assemble and protest, nor mass demonstrations, crowd control and riot control.”

The plaintiffs also claim Oregon Gov. Kate Brown’s attempts at getting the federal agents withdrawn from the city were met with opposition and tweets from Trump, as well as increased use of force by the federal agents on the ground in Portland.

“Defendants used and applied force against plaintiffs and members of the class without a clearly communicated warning, without a lawful determination and announcement that plaintiffs and members of the class were unlawfully assembled, and without first clearly communicating a lawful order to disperse,” the class action lawsuit says.

Plaintiff Rowan Maher says she was exposed to tear gas on several nights, developing respiratory distress, pain, temporary blindness and temporary loss of mobility, among other ailments.

Mahr also says as she was walking away from the courthouse July 22, she was beaten with a baton by a federal agent in “military camouflage fatigues,” resulting in pain, bruising and fear.

She also claims she was struck in the head by a pepper-spray ball. The munition allegedly struck her bike helmet, where it remains lodged.

Mahr says she has suffered fear and concern over her own safety, even though she protested peacefully at all times.

Plaintiff Angelica Clark says she was struck by munitions and exposed to tear gas while attending a Portland protest in July.

She claims to have “suffered pain, discomfort, respiratory distress, temporary blindness, and temporary loss of mobility” and says the munitions caused pain, blistering and bruises.

“We are showing up for change and liberty for all and are met with oppression and injustice. How can we uplift Black lives when we are gassed, shot, assaulted, and maced simply for standing up for our basic rights?” Clark asked in a statement through plaintiff’s counsel, according to KGW8. “I don’t understand how people can sit back and justify that this is deserved or OK.”

Demonstrators and law enforcement officers have faced off several times during the Portland protests.

Protesters say they have sustained injuries from projectiles as well as other “less-than-lethal” force, such as tear gas.

Medics attending the Portland protests have filed a lawsuit calling out such actions taken by the city and officers, saying many protesters have received traumatic injuries in addition to having their rights violated.

With their Portland protests police brutality class action lawsuit, the plaintiffs are asking the Court for a declaratory judgment that the defendants “may not indiscriminately use tear gas, shoot, or beat [the plaintiffs and Class Members] while they are engaged in constitutionally protected assembly, speech, and expressive conduct.”

The plaintiffs are seeking compensatory “noneconomic and economic damages” in an amount to be determined at trial; prejudgment interest; punitive damages; declaratory relief; plaintiffs’ costs; and any other relief deemed appropriate by the Court.

They also demand a jury trial.

Have you been injured while protesting police brutality? Tell us about your experience in the comments.

The plaintiffs are represented by lead counsel David F. Sugerman of Sugerman Law Office, Christopher A. Larsen of Pickett Dummigan McCall LLP, Gabriel Chase of Chase Law PC, David D. Park of Elliott & Park PC, Michelle R. Burrows of Michelle R. Burrows PC, Jane L. Moisan of People’s Law Project and Joe Piucci of Piucci Law LLC.

The Portland Protests Police Brutality Class Action Lawsuit is Angelica Clark, et al. v. Chad Wolf, et al., Case No. 3:20-cv-01436-IM, in the U.S. District Court for the District of Oregon, Portland Division.

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