Unfortunately, some police officers charged with enforcing the law misuse their power and position to bully and brutalize citizens. A person injured by excessive force on the part of a law enforcement officer may have both a personal injury claim and a civil rights claim. Many police officers do their job ethically and responsibly and understand the obligation of balancing the enforcement of law with protection of citizen’s rights and dignity. But there are those who are infatuated with the power and control. They find excuses to use a taser, beanbag gun, or baton on citizens. Unfortunately, many citizens are afraid to step forward and enforce their rights. It is important that citizens make it known when they have been abused by a police officer and hold the police officer accountable by bringing a civil action.
Police Brutality/Excessive Force — Headline Victory #1
Ri’Chard Booth, Greg Kafoury, Harold Hammick, Jason Kafoury and Alex Clay celebrate verdict against Portland Police in police abuse case.
In a case which received daily television coverage, and major coverage in The Oregonian, as well as a column by Steve Duin, three African American men successfully sued the City of Portland, alleging false arrest and brutality on the part of Portland Police. Alex Clay, Harold Hammick, and Ri’Chard Booth were about to leave the fourth floor of a parking structure at SW 4th and Alder after celebrating St. Patrick’s Day when they were approached by Portland police officers. Hammick immediately explained that he was “a licensed carrier,” and that he had a handgun. The officers drew their guns, yanked the three men out of their car, handcuffed them, and detained them for nearly an hour. Hammick was physically abused by Officer Besner. The officers testified that the men had been belligerent and menacing toward them, but the entire event was surreptitiously witnessed by two white college students, who said that the young men were extremely polite, despite being obviously terrified. Unaware that the two students were observing their actions, the officers had directed all other witnesses to leave the scene, which did nothing to lessen the young men’s level of anxiety. The witnesses, Adam Ganer and Nikki Furlong, had compelling testimony, which provided crucial support for the three young men, and contradicted the sworn testimony of the officers. One policeman who was on the street at the time, Brett Hawkinson – now a detective – testified that he had seen Hammick down on the street a few minutes before these events and that he had been able to read Hammick’s lips from about 200 feet away, and said that Hammick announced that he had a “gat.” Jurors awarded $175,000 to the three men. Several jurors explained that they were deeply disturbed at the officers’ conduct, and more distressed by their testimony. After the verdict, a spokesperson for the Portland Police announced that the police department stood by its officers.
Police Brutality/Excessive Force — Headline Victory #2
Barbara Weich was cited for not wearing a seat belt by Officer Gregory Adrian. She implored him not to cite her, explaining that she had a small business, a coffee shop where she displayed her own paintings. She explained that the fine would be a considerable burden to her. Adrian berated her, and when she left the parking lot, he took the opportunity to mock her. She cursed him, and drove away. Adrian followed her over the Hawthorne Bridge on his motorcycle, and when she pulled over directly in front of the police station, he struck her in the face with such force that the entire side of her face and neck became discolored. The blow left a permanent dent in her cheek. After knocking her senseless, he grabbed her right arm, pulled it down and twisted it until it broke. He later explained that he was only trying to “control” her. The city settled out lawsuit for $150,000. City Councilman Randy Leonard told the local news that he was “deeply disturbed” by the officer’s conduct.