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City Pays Out Almost $350,000 More for Four Protest Cases
Portland Copwatch Releases Updated Top 25 Settlements Data

In a rare case that went all the way to a jury, community medic Erin Wenzel was awarded $40,272 in early October for injuries she incurred when Portland officers pushed her to the ground during an August 2020 protest (Oregon Public Broadcasting, October 4). A similar case involving another medic, Evelyn Cushing, was settled for $47,500 by an October 26 City Council vote. Cushing was also pushed to the ground and injured by police. A third person, Anne Sires, settled for $7000 in late August for another protest incident ("encounter" in the City's verbiage) from August 2020. In a huge win, the City agreed to pay five community members $250,000 (and the group Don't Shoot Portland a nominal $1) for force used at the 2020 protests. Meanwhile, Portland Copwatch updated its online list of the top 25 settlements/jury awards since 1993, where those highest amounts add up to just under $15 million out of nearly $21 million spent on police misconduct over the last 30 years.

It is not clear if Wenzel's case might be reconsidered, as one juror revealed after the trial was over that they work for the City of Portland. If it does go back for reconsideration, the OHSU employee might get more of the $450,000 she originally sought. The City Attorney tried to minimize the fact that Wenzel's arm was broken, claiming the cops were "dodging ball bearings being thrown by the crowd" (Oregonian, October 5).

Cushing's case was put on the "consent agenda" at Council because they have arbitrarily decided that only settlements of $50,000 or more should get full review in a public session. Portland Copwatch member Marc Poris pulled the item for discussion anyway, and wondered whether the $47,500 figure was deliberately chosen in order to keep the settlement from the public eye. Video of the incident shows Officer Brian Wheeler (#57813) break from a flank of riot cops, rush over to Cushing and shove her to the ground, then return to the other officers. PCW has learned Wheeler was found out of policy for misconduct in this case, affirmed (with no names mentioned) in the latest Compliance Officer's Report on the US DOJ Agreement. What is not clear yet is what kind of discipline Wheeler received.

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Another Cop Claiming Discrimination Receives Big Settlement On September 14, City Council approved an $85,000 settlement for Captain James Crooker, who said that he was wrongfully denied a promotion in part due to discrimination because of his race (he is Latino). Crooker also says that there was retaliation involved, as he had previously recommended against promoting Sgt. David Michaelson, who was romantically involved with then-Assistant Chief Jami Resch. The Oregonian reported on September 14 that former Assistant Chief Ryan Lee told Crooker he would "pay for" that decision (for more on Lee see Quick Flashes article). This settlement follows one for Sgt. Robert (Norville) Hollins, who won $60,000 in May over the way the Bureau handled his misconduct of using a police car for personal reasons (PPR #80). It also echoes the complaint by former Sgt. Liani Reyna, who is Latina, that accused the PPB of discrimination and retaliation when she filed complaints against other officers (PPR #85).

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PCW also pulled and testified on Sires' case. A city representative explained that the "encounter" was during a protest on North Lombard where an officer hit her in the thigh with an impact munition, causing lacerations and large bruises. While it was mentioned that the munitions are supposed to be aimed only at the lower legs, it was not clear whether the involved officer was investigated for violating that policy. No member of Council made any comments when voting on the settlement, despite PCW encouraging them to discuss the underlying issues when they vote on these cases.

The major 2020 protest suit will also lead to the "decommissioning" of grenades known as "Rubber Ball Distraction Devices" (OPB, November 29). The $250,001 $250,000 total makes that the current #17 largest settlement since 1993... but lawyers fees have yet to be calculated. The #6 settlement, for protestors attacked in 2002 and 2003 including lawyers fees, was for $845,000.

The new top 25 list includes the $400,000 settlement for Kyle Odell, who was gravely injured when a cop crashed their patrol car while transporting Odell (PPR #86), and a $211,000 settlement for Edward Gathright, whose First Amendment rights were violated in 2001 by police preventing him from preaching. The average cost of such misconduct and more serious cases including many deaths by shooting and other means? $696,000 a year. PCW has also separately tracked over $4.5 million in negligence cases (where police inaction was the issue) and almost $2 million for car crashes in which misconduct was not necessarily an issue. At least $700,000 has been paid out for protest actions just in the last two years.

NOTE: The total settlement amount with 5 community members including Don't Shoot Portland appeared incorrectly in the print edition (as $250,000). PCW regrets the error.

January, 2023
Also in PPR #88

Portland Copwatch
PO Box 42456
Portland, OR 97242
(503) 236-3065/ Incident Report Line (503) 321-5120
e-mail: copwatch@portlandcopwatch.org

Portland Copwatch is a grassroots, volunteer organization promoting police accountability through citizen action.

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