A statement regarding our 2020 filing against portland police bureau

Dec 30

December 9, 2022

Portland OR — In June 2020, Don’t Shoot Portland and a handful of individuals [the plaintiffs] brought a lawsuit against the City of Portland in an attempt to limit Portland Police Bureau’s use of weapons and force against protesters. That summer, the plaintiffs got a temporary court order that restricted the weapons PPB could use. The plaintiffs then successfully argued to the judge that the City had violated the court’s order, and the Court ordered the City to do things to remedy and prevent further violations.

The plaintiffs asked the court to certify a class action for a permanent order restricting PPB use of weapons. The court denied certification of a class. At that point, the plaintiffs sought a permanent order restricting PPB weapon that would protect and apply to all protesters. They also continued to seek monetary compensation for their own individual harms that they experienced from violence against them by PPB. They did not, and could not, seek monetary compensation for anyone who was not a named plaintiff in the lawsuit.

The named plaintiffs in the Don’t Shoot Portland lawsuit against the City of Portland have now agreed to settle the case. The plaintiffs agreed to settle the case in exchange for a court-enforceable order that says that the City will follow all City and State policies and laws that restrict and limit how and when weapons can be used in and against crowds. The City has also agreed to decommission all of its flashbangs. Additionally, the City has agreed to pay $50,000 to each individual plaintiff named in the lawsuit and $1 to Don’t Shoot Portland. This order will be enforceable by the plaintiffs for 14 months.

Throughout the lawsuit, Don’t Shoot Portland and the legal team asked people to assist the lawsuit to show the City and court all of the ways that PPB violated people’s rights. The legal team and Don’t Shoot asked for descriptions of harms and for people who would be willing to be witnesses in the lawsuit. Those descriptions, videos, and witnesses would have been used if the case had gone to trial. Now that the lawsuit has been settled, those witnesses and evidence will not be used in this case.

We appreciate the information and help provided in response to Don’t Shoot’s requests for information. It helped us achieve the order that plaintiffs will be able to enforce until January 2024.

For those harmed by PPB during the 2020 protests, certain timelines apply. First, for state law claims, a tort claim notice must be sent within 180 days of the incident that led to the injury. Then, whether for state or federal claim, a person generally has two years from the date of the incident to file a lawsuit. Those time limitations are firm deadlines. If a person was harmed by PPB in the Summer of 2020, and has not already filed an individual lawsuit, they are likely unable to do so. If you have any questions, please contact a lawyer to see what your rights and options might be. If your injuries were caused less than two years ago, talk with an attorney as soon as possible if you want to understand your ability to bring a lawsuit for those injuries.

Statement by Don’t Shoot Portland legal representatives Franz Bruggemeier of Oregon Justice Resource Center and Ashlee Albies of Albies, Stark & Guerriero