The first civil suit to reach a jury alleging Portland police used excessive violence against a 2020 racial justice protester opened Tuesday in Multnomah County Circuit Court. More than a dozen cases is coming afterwards. The 2020 protests is followed by litigation that culminated in criminal convictions against protesters as well as allegations that officers regularly injured and violated people’s civil rights.
The trial is one of the results of the protests as the city continues to grapple with the fallout from months of social upheaval. The outcome could answer questions about the potential liability the city faces over similar cases.
For more than 150 consecutive nights starting in late May 2020, racial justice protesters clashed with Portland police as well as hundreds of federal law enforcement officers from the U.S. Department of Homeland Security and the U.S. Marshals Service.
According to Erin Wenzel’s lawsuit, filed in October 2020, when an officer ran at her and violently slammed into her with a nightstick, the force of the strike lifted her off the ground and she landed on her face. Wenzel says in her suit that she stood up and tried to keep walking but another officer then struck her, pushing her into a third officer who knocked her to the ground.
Erin Wenzel claims she was following police instructions on Aug. 14, 2020, the 79th night of protests. In court filings, attorneys for the city argued that police officers were attempting to prevent protesters from reaching the Portland Police Association headquarters. Previous demonstrations at the building had resulted in break-ins and fire damage.
The police argue that, “to the extent any of the City’s employees had physical contact with Plaintiff, that contact was justified and privileged as it was reasonable and necessary to carry out those employees’ law enforcement duties.”
Oregon Justice Resource Center said they are looking at the state court judge’s decision on what’s admissible. It offers some insights into how the courts understand police practices and has bearing on how the organization attorneys will prepare for future cases. The current trial is expected to run through Oct. 3.
The judge will consider allowing evidence showing police behavior from the same night as Wenzel’s alleged assault but would have to review it first. Evidence of protestors committing crimes and police use of force from prior nights will not be permitted.
