Oregon Injury Lawyer Blog

In six months, one of the trials in the Oregon police brutality lawsuit accusing Portland police officers of contributing to James P. Chasse Jr.’s wrongful death, because they allegedly used excessive force when apprehending him and then denied him the proper medical care, is scheduled to begin. Already, Multnomah County commissioners have approved a $925,000 settlement that resolves the Portland, Oregon wrongful death claim made by Chasse’s family against the county and several defendants, including former Multnomah County Deputy Bret Burton and correction nurses Sokunthy Eath and Patricia Gayman.

Claims however, are still pending against the city of Portland, former Mayor Tom Potter, Portland Police Officer Christopher Humphreys, Chief Rosie Sizer, police Sgt. Kyle Nice, American Medical Response Northwest Inc., and paramedics Kevin Stucker and Tamara Hergert. Because a court order divided the case in two, there will be a second civil trial in late 2010.

Chasse, 42, was a schizophrenic. Burton, Nice, and Humphreys reportedly arrested him after one of the cops noticed that he appeared to be urinating in public. Police say they chased down the suspect, knocking him to the ground and handcuffing him while he struggled. They also stunned him with a Taser.

Following the incident, Chasse’s vital signs appeared normal. As a result, ambulance workers who arrived at the arrest scene did not take him to the hospital. The jail, however, would not book him because of his physical condition.

The 42-year-old suspect died in police custody as he was being transported to the hospital. According to the Multnomah County medical examiner, Chase sustained major internal injuries, and broke 16 ribs, his sternum, and a shoulder.

While the Use of Force Review Board determined that the way Chase was apprehended did not violate bureau policy, the board said that Chase should have been sent to the hospital right after he had been Tasered. As a result, Police Chief Rosie Sizer is recommending that Nice be suspended.

Portland chief recommends sergeant's suspension in Chasse's death, Oregon Live, September 23, 2009

County pays $925,000 to settle part of Chasse lawsuit, Portland Tribune, July 2, 2009

Related Web Resources:
Portland Police Bureau

Taser Deaths Blog

Taser guns 'raised deaths in custody,' New Scientist, February 2009

Continue reading "Portland Police Chief recommends suspension of officer named in Portland, Oregon wrongful death lawsuit over man Tasered in 2006" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

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Last December, our Portland, Oregon personal injury law firm blog post about a wrongful death case filed against the city of Sandy and a number of individuals over the police shooting death of a Gresham man. This week, an announcement was made that the family of 27-year-old Fouad Kaady has reached a $1 million settlement with the Oregon city and former police officer William J. Bergin.

Kaady was burned, naked, and bleeding when Officer Bergin and Clackamas County sheriff's Deputy David E. Willard approached him on September 8, 2005. Kaady reportedly was behaving erratically and would not cooperate with police. He had also just rear-ended three motor vehicles and damaged the vehicle he was driving. According to witnesses, Kaady, who has a history of mental illness, was making wolf-like sounds.

To apprehend Kaady, police at first used a stun gun and shocked him several times. They then shot him seven times after he jumped on top of a police car.

Kaady’s family says that the reason he was in such a disturbed state was that the can of gas he was transporting caught on fire, which caused him to hit another motor vehicle. He ripped his clothes off to get away from the flames and was in need of help. The 27-year-old's family believes that he sustained head injuries during the crash that caused him to behave strangely.

The plaintiffs have accused police of not knowing how to deal with someone coping with mental illness. Their Oregon wrongful death lawsuit accused police of excessive use of force and civil rights violations.

By settling, the city of Sandy is not admitting liability. The family's Clackamas County wrongful death lawsuit against the County and Willard is still moving forward.

Police Brutality
Police are never supposed to use excessive force in any situation. Police brutality is a civil rights violation and an abuse of police power that can be a reason for why a victim or his or her family might choose to file a Portland, Oregon personal injury lawsuit or wrongful death claim.

Just last week, the Multnomah County Board of Commissioners gave its stamp of approval for a $925,000 Portland, Oregon wrongful death settlement to be paid to the family of James Chasse for his police brutality-related death in 2006.

Police chased down Chasse after they spotted him urinating in public. There are conflicting reports as to how they apprehended him. However, he sustained 16 broken ribs and a punctured lung. Chasse died while being transported in a police car to a hospital. Chasse suffered from schizophrenia.

Multco board approves $925,000 payment for Chasse's family, KATU.com, July 2, 2009

$1 million settlement reached in 2005 shooting near Sandy, OregonLive.com, July 1, 2009

Oregon Wrongful Death Trial Alleging Police Brutality Toward Unarmed Portland Man Can Move Forward, Says Federal Judge, OregonInjuryLawyerBlog.com, December 1, 2008

Related Web Resources:
Clackamas County, Oregon

Multnomah County

Truly Reforming Law Enforcement-Ending Police Brutality!, OregonLive.com, March 18, 2009

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

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A federal judge has decided that the Oregon wrongful death lawsuit against Clackamas County, the city of Sandy, and individual police officers over the death of Fouad Kaady can move forward. Kaady, a 27-year-old Portland resident, died after he was fatally shot by local police. He was unarmed at the time of the shooting incident.

Kaady's family is seeking monetary damages for wrongful death, excessive force, and civil rights violations. The trial is expected to begin next April.

In 2005, Kaady was found bleeding, naked, and unarmed by police after he crashed his car on a rural Oregon road. Rather than calm him down, Deputy David Willard of the Clackamas County Sheriff’s Office and William Bergin of the Sandy Police Department made him lay on the hot ground and Tasered him on his back.

Kaady then reportedly started running around, got on top of a police car, and started yelling at the two cops. Willard says he fired his gun when it looked like Kaady was going to jump off the car and land on him. The two police officers reportedly shot Kaady seven times.

A police report said Kaady’s behavior before he was shot might have been caused by illegal drug use, injury, or mental illness. A grand jury later found that the two officers did not engage in any wrongdoing. Last month, for an unrelated incident, Bergin resigned from the Sandy Police Department and was indicted for license misuse, official misconduct, and identity theft.

Police Brutality
It is illegal for law enforcement officers to use excessive/unnecessary force on a suspect, a person convicted of a crime, or anyone else. Unfortunately, many of these incidents go unreported, with many of the victims never realizing that their civil rights were violated.

Examples of police brutality include shooting someone without provocation or justification, physical assault, sexual assault, false arrests, verbal abuse, intimidation, and racial profiling. These acts of violence by police, prison guards, and other law enforcement officials can result in an Oregon personal injury or wrongful death lawsuit if someone is injured or killed as a result.

Judge gives go-ahead to Kaady trial in Ore., Oregon Live, November 28, 2008

The Kaady Family's Wrongful Death Lawsuit (PDF)

Related Web Resource:

Top 5 Police Brutality Videos

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

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