A protester who sustained a permanent disability during the 2020 protests in Portland will receive a settlement of $7.65 million from the U.S. Department of Justice. This incident was one of several significant moments during the more than 100 nights of protests and civil unrest in Portland, highlighting the escalating tensions between police and demonstrators.
On July 11, 2020, Donavan LaBella, then 26 years old, was shot in the head with a less-than-lethal round by a deputy U.S. Marshal outside the federal courthouse in downtown Portland. This incident resulted in LaBella developing frontal lobe syndrome, which impairs cognitive functions such as social behavior and language.
Attorneys representing the U.S. Department of Justice stated that the chaotic circumstances of that night influenced the actions of the deputy marshal, who was referred to as John Doe 1. They argued that the use of “reasonable and privileged” force was appropriate, attributing difficulties in aiming the launcher to the gas mask the officer was wearing.
John Doe 1 was part of a large contingent of federal officers deployed to Portland during the summer of 2020. He was trained in the use of less-than-lethal devices as a member of the agency’s Special Operations Group, according to the Justice Department’s lawyers.
The federal officers had deployed a gas grenade towards protesters when the deputy marshal noticed LaBella throwing it back. The attorneys claimed that the deputy was aiming for LaBella’s abdomen and that he witnessed him fall after the shot was fired.
The settlement was tentatively agreed upon in November, but specific terms were not publicly detailed until it was finalized on February 7. According to court documents, the settlement includes an initial payment of $3.5 million, which will cover legal, medical, and housing expenses related to LaBella’s injury. The remaining funds will be allocated for his expenses over the next 40 years. LaBella, who resides in Oregon, chose not to comment through his attorney.
