Posted on 09/01/2019 5:59:57 PM PDT by simpson96
“I’m a very private person” — Is that why you wear a mask when you go to your little street gatherings?
For future reference I’m posting her 7-pg complaint here (in case it disappears):
Tonkon Torp
LLP
888 SW Fifth Avenue, Suite 1600 Portland, Oregon 97204 503-221-1440
IN THE CIRCUIT COURT OF THE STATE OREGON FOR THE COUNTY OF MULTNOMAH MICHELLE FAWCETT, an individual, Plaintiff, v. CITY OF PORTLAND, a municipal corporation, Defendant. ) ) ) ) ) ) ) ) ) ) Case No.
COMPLAINT
CLAIM NOT SUBJECT TO MANDATORY ARBITRATION PRAYER AMOUNT: $250,000 FEE AUTHORITY: ORS 21.160(1)(c)
For her Complaint against Defendant City of Portland (the “City”), Plaintiff Michelle Fawcett (“Fawcett”) alleges as follows:
INTRODUCTION
1.
Michelle Fawcett is now permanently disfigured because on August 4, 2018, Portland Police Bureau Officers (“PPB Officers”) shot flashbang munitions directly into a group of Portland citizens peacefully demonstrating against white supremacists. Fawcett, a 53 year-old woman and Portland resident, neither engaged with PPB Officers nor provoked this attack. Rather, she was exercising her right, protected under the United States and Oregon Constitutions, to stand against bigotry and intolerance. Unfortunately, the peaceable assembly that Fawcett participated in was met with excessive force, as PPB Officers in riot gear used military-grade munitions—meant to be shot overhead, into the air—that PPB Officers instead shot directly into groups of innocent people. Under the Oregon Tort Claims Act, the City is liable for the PPB Officers’ tortious battery.
THE PARTIES
2.
Fawcett is a citizen and resident of Portland, Oregon.
3.
The City is a municipal corporation and public body within the State of Oregon located in Multnomah County.
4.
The Portland Police Bureau (“PPB”) is an agency of the City. The acts that give rise to Fawcett’s claims were committed by PPB Officers in the course and scope of their duties on the public body’s behalf. Under ORS 30.285(1), the City must indemnify its officers and is therefore liable for the PPB Officers’ torts against Fawcett.
5.
Notice of this claim was properly given to the City within 180 days of the incident.
FACTUAL BACKGROUND
Portland, Oregon: home to violent clashes with law enforcement
6.
The City of Portland, Oregon, has a long history of an engaged citizenry and is a hub for First Amendment activity, with numerous public marches and large public gatherings each year. Public assemblies enrich the fabric of Portland by providing a means of expression when people feel unheard through other methods, a beacon of solidarity and connection for people impacted by the issues subject to protest, a vehicle to spark conversations and debate about important issues, and an opportunity to form community and connections, leading to constructive engagement, organizing, and action.
7.
Portland also has a history of its law enforcement agency—the PPB—clashing, often violently, with protesters. The PPB has become increasingly militarized in its tactics, deploying droves of officers wearing body armor, including helmets, carrying batons, and full-body riot shields (“riot gear”), and using chemical agents as crowd-control weapons. These crowd-control weapons include tear gas, pepper-spray bullets, and warning/signaling munitions commonly referred to as “flashbangs.” When used as intended, flashbang rounds are meant to be shot into the air and emit a bright flash of light and a powerful sound. The expectation is that the flashbang will deter or direct the movement of crowds or vehicles. Flashbang rounds are not intended to be launched directly at individuals or crowds of people. Flashbang rounds contain dangerous chemical agents that can cause severe burns on contact. Some manufacturers of these rounds include warnings that serious injury or death may result in firing flashbangs directly at people.
8.
On multiple occasions, PPB Officers have deployed chemical agents and crowd-control weapons against protesters, as well as non-protesting bystanders, members of the press, and patrons of nearby businesses.
Portland citizens stand against bigotry and extremism
9.
On August 4, 2018, the City permitted a rally for the Patriot Prayer and Proud Boys organizations. Some members of those groups support white supremacist views and other extreme ideologies and are known to provoke violent conflicts. Specifically, the August 4th event was publicized as a “Gibson for Senate Freedom March” and was sponsored by leader Joey Gibson’s campaign for the U.S. Senate in Washington. Patriot Prayer advertised that armed guards would escort buses carrying Patriot Prayer members from Vancouver, Washington, to the rally location at Tom McCall Waterfront Park in downtown Portland. On information and belief, PPB Officers were in regular contact, via email or text message, with Patriot Prayer members both prior to and during the event. A little more than a month before on June 30, 2019, PPB Officers used flashbangs and rubber bullets to disperse a protest of another Joey Gibson event.
10.
In response to the August 4th event, many Portlanders gathered to peacefully protest against the hateful rhetoric and ideas shared by members of Patriot Prayer and the Proud Boys. The protesters first assembled at Portland City Hall, then marched down to SW Salmon to SW Naito Parkway to gather across the street from the rally. Eventually, both the rally and the protesters moved down their respective sides of the street to SW Columbia.
PPB Officers protect Patriot Prayer, open fire on peaceful protestors
11.
At approximately 1:45 p.m. that day, Fawcett was standing among other protestors on SW Columbia in between SW Natio Parkway and SW 1st Avenue. The atmosphere was calm. Fawcett was standing far enough away from the intersection, behind a large crowd, that she could not see the intersection, any police, or anything that may have been happening near the intersection.
12.
Then suddenly there was a deafening explosion. PPB Officers started shooting flashbangs directly into the crowd of protestors. Multiple explosions followed, sending people running panicked. The resulting scene was chaotic and described by some as feeling like “a war zone.” Notably, these shots were all directed at the protestors, not at the Patriot Prayer or Proud Boys’ members, many of whom were openly carrying weapons.
13.
By firing flashbangs directly at the crowd of protestors, rather than overhead as intended, PPB Officers demonstrated an alarming lack of concern for the safety of Portland citizens. PPB Officers’ conduct also revealed either a lack of effective training in the use of these munitions or reckless dismissal of that training.
Fawcett is permanently scarred and emotionally traumatized by PPB Officers’ attack
14.
Fawcett was struck by a flashbang round. The round hit Fawcett in the chest and left arm. Fawcett felt immediate, searing pain in both her chest and arm. Fawcett did not know what was happening and thought she may die. But as PPB Officers continued to fire at protestors, volunteer street medics in attendance were not able to assist her and had to run along with the crowd to safety.
15.
Eventually, Fawcett received medical attention. She suffered third-degree chemical burns, major impact wounds, and major soft-tissue damage, as well as mental and emotional distress as a result of the incident.
16.
Fawcett was neither arrested nor cited for her participation in the peaceful protest. She did not resist any direction from a PPB officer or act in any way that could be construed as provoking any PPB officer. In fact, Fawcett had no contact with any PPB officer on the day of the protest prior to being hit by the flashbang round. At the time she was shot, she was far enough away from PPB Officers that such contact would have been impossible. PPB Officers never instructed Fawcett to move or warned her that PPB Officers were deploying flashbangs or any other crowd-control weapons.
CLAIM FOR RELIEF (Battery)
17.
Fawcett incorporates by reference the allegations above.
18.
The PPB Officers intentionally deployed the flashbang round that struck Fawcett and intentionally directed the flashbang round into crowd. Thus, they intentionally used excessive force. As such, the City is liable for battery. Because the PPB Officers’ force was excessive, their actions were not privileged under ORS 161.235.
19.
As a direct result of the PPB Officers’ use of excessive force, Fawcett was permanently injured. She sought and continues to seek medical treatment, missed work for a time, has experienced pain and suffering, and has been both depressed and afraid to leave her home because of the trauma she experienced. She no longer feels safe to exercise her rights of peaceful assembly and free speech. Fawcett has suffered damages in an amount to be determined by a jury, not to exceed $250,000.
WHEREFORE, Plaintiff Fawcett prays for judgment from this Court on her claim as follows:
1. For a damages award against the City in a sum not more than $250,000;
2. For Plaintiff’s costs and disbursements; and
3. For such other and further relief as the Court deems just and equitable.
DATED: August 5, 2019.
TONKON TORP LLP
By Jeffrey G. Bradford
Steven M. Wilker
Jeffrey G. Bradford
Cooperating Attorneys of the ACLU Foundation of Oregon
Mathew W. dos Santos
No, his definition covers that fine.
who said she was “permanently disfigured” because of flashbang munitions fired into a group.
Not sure how there could be any damages in the case, given the picture.
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