from BreakTheChains.info
Around fifty people gathered at the North Park Blocks in
downtown Portland today to protest police brutality and the recent
death of James Chasse who died in police custody. The event was held
in conjunction with similar events around the country to highlight
police abuses, but was organized autonomously of the national
coalition. Most participants dressed in black to show support for the
families of people killed by police.
People started banging on plastic bucket drums and a parade formed
behind the banner "Cops and Klan go hand in hand." People paraded
through downtown streets chanting against police abuse and the system
that fosters it. Portland police remained mostly out of sight except
for a few plainclothes officers videotaping the crowd.
The parade ended in Pioneer Square where people unrelated to protest
held signs reading "free hugs." Many people accepted the free hugs.
People soon gathered again to talk about police abuse and why they
were there. The names of people killed by the police in the Portland
area were announced over the megaphone. One man spoke in detail about
how his cousin Fouad Kaady was murdered by police. These speeches
attracted more people from the square who were curious what was going
on.
The event ended without incident. Some participants expressed the
need to do more outreach and education to get more people involved in
the future. Others expressed the continued importance of people
standing in solidarity with the families and friends of people
victimized by the police.
Thursday, October 26, 2006
Monday, October 9, 2006
Local police fire back on shooting rules
from the Oregonian
Last week I wrote about a former policeman who questioned whether police these days are trained to worry too much about their own welfare.
Several local policemen responded that officers are not paid to get hurt or die. Wrote one: "Bottom line, when people arm themselves with knives or other weapons, and refuse to follow commands given to them by officers, they are likely to be shot before they can take action to harm or kill an officer. That is how it should be."
Jeff Leighty, a 20-year veteran and president of the Oregon State Police Officers' Association, e-mailed that in response to my column he'd canceled his subscription to The Oregonian.
By that logic, we should all vote against police levies simply because we disagree with something cops have done.
The truth is, both sides of the debate about shootings involving officers seem frozen in their own beliefs.
When I wrote, last year, that I understood the difficult spot cops found themselves in during the odd string of events that led to the tragic fatal police shooting of 27-year-old Fouad Kaady in Sandy, I got many angry responses about my blind allegiance to police.
One of the people who disagreed with me about that shooting was Ray O'Driscoll, the former San Francisco Bay Area policeman I wrote about last week.
Many current and former police officers were upset I allowed O'Driscoll, whose 12 years of police work came 30 years ago, to question current police training.
Of course, it makes no difference whether O'Driscoll was ever a cop. His questions are reasonable questions long debated by deadly force experts.
One of the nation's most prominent researchers in police training and accountability, James Fyfe, was serving as deputy commissioner for training of the New York Police Department when he died last year. Earlier in his career, Fyfe put in 16 years of patrol work that earned him seven NYPD citations.
In between his two stints at the NYPD, Fyfe was a professor of criminal justice at three colleges and wrote seven books about police work.
Fyfe was a perpetual critic of police training, saying it over-emphasizes the dangers of police work, which he found to be far safer than everything from bartending to construction. And he found that police guidelines are rarely specific enough about when to use deadly force or what the repercussions will be for misusing it. As a result, Fyfe said police often perceive danger where there is none and fire away.
Fyfe's studies concluded that there is little relationship between the number of people police shoot and how safe the police, or the public, are.
Fyfe believed the way to create more useful police standards is for communities to be outspoken about what they want and what they will not tolerate.
If communities don't force cops to include citizens in the discussion, nothing is likely to change, Fyfe said.
Of the dozens of responses I got from cops last week, only retired Portland policeman Jim Powell seemed interested in discussing the issue.
A 26-year veteran, he was a firearms and defensive tactics instructor and served as one of eight regional training coordinators in Oregon.
He didn't like my column. But after his anger cooled, he wanted to talk.
Powell, like Fyfe, believes police training can always improve. But he believes local police are carefully trained to consider all their other options before they pull the trigger.
He's never favored any type of citizen review committee to look at shootings involving officers. Still, he agrees that police policies must mirror what the community wants.
But public input, he says, "needs to occur on the front end," not during the public outcry after police shoot and kill.
I don't agree with everything Powell said. He doesn't agree with everything I said. But we've agreed to continue the conversation.
It may not lead anywhere at all.
But it beats dropping a subscription or refusing to pay for police.
Last week I wrote about a former policeman who questioned whether police these days are trained to worry too much about their own welfare.
Several local policemen responded that officers are not paid to get hurt or die. Wrote one: "Bottom line, when people arm themselves with knives or other weapons, and refuse to follow commands given to them by officers, they are likely to be shot before they can take action to harm or kill an officer. That is how it should be."
Jeff Leighty, a 20-year veteran and president of the Oregon State Police Officers' Association, e-mailed that in response to my column he'd canceled his subscription to The Oregonian.
By that logic, we should all vote against police levies simply because we disagree with something cops have done.
The truth is, both sides of the debate about shootings involving officers seem frozen in their own beliefs.
When I wrote, last year, that I understood the difficult spot cops found themselves in during the odd string of events that led to the tragic fatal police shooting of 27-year-old Fouad Kaady in Sandy, I got many angry responses about my blind allegiance to police.
One of the people who disagreed with me about that shooting was Ray O'Driscoll, the former San Francisco Bay Area policeman I wrote about last week.
Many current and former police officers were upset I allowed O'Driscoll, whose 12 years of police work came 30 years ago, to question current police training.
Of course, it makes no difference whether O'Driscoll was ever a cop. His questions are reasonable questions long debated by deadly force experts.
One of the nation's most prominent researchers in police training and accountability, James Fyfe, was serving as deputy commissioner for training of the New York Police Department when he died last year. Earlier in his career, Fyfe put in 16 years of patrol work that earned him seven NYPD citations.
In between his two stints at the NYPD, Fyfe was a professor of criminal justice at three colleges and wrote seven books about police work.
Fyfe was a perpetual critic of police training, saying it over-emphasizes the dangers of police work, which he found to be far safer than everything from bartending to construction. And he found that police guidelines are rarely specific enough about when to use deadly force or what the repercussions will be for misusing it. As a result, Fyfe said police often perceive danger where there is none and fire away.
Fyfe's studies concluded that there is little relationship between the number of people police shoot and how safe the police, or the public, are.
Fyfe believed the way to create more useful police standards is for communities to be outspoken about what they want and what they will not tolerate.
If communities don't force cops to include citizens in the discussion, nothing is likely to change, Fyfe said.
Of the dozens of responses I got from cops last week, only retired Portland policeman Jim Powell seemed interested in discussing the issue.
A 26-year veteran, he was a firearms and defensive tactics instructor and served as one of eight regional training coordinators in Oregon.
He didn't like my column. But after his anger cooled, he wanted to talk.
Powell, like Fyfe, believes police training can always improve. But he believes local police are carefully trained to consider all their other options before they pull the trigger.
He's never favored any type of citizen review committee to look at shootings involving officers. Still, he agrees that police policies must mirror what the community wants.
But public input, he says, "needs to occur on the front end," not during the public outcry after police shoot and kill.
I don't agree with everything Powell said. He doesn't agree with everything I said. But we've agreed to continue the conversation.
It may not lead anywhere at all.
But it beats dropping a subscription or refusing to pay for police.
Tuesday, September 26, 2006
Ore. case said to raise questions about police training
published in USA Today - blogs
The death of a Tigard, Ore., 18-year-old who was shot by sheriff's deputies has raised questions about "training methods and procedures taught to law enforcement officers throughout Oregon and the nation," The Oregonian reports.
Lukas Glenn was killed Saturday night. According to the Washington County sheriff's department, he was armed with a knife, refused the deputies' orders to drop it and ignored beanbags they fired at him. When he headed toward his house -- where his family was -- the deputies fired their guns.
"It appears to have been very much by the book," Geoffrey Alpert, chairman of the Department of Criminology and Criminal Justice at the University of South Carolina, told the newspaper. "The use of deadly force to save people inside that house seems to have been reasonable."
But, said Jack Levin, director of the Brudnick Center on Violence at Northeastern University, a review board "will have to determine whether the pocket knife ... was a realistic threat."
Oregon State Sen. Avel Gordly, a Democrat, is pushing for legislation to give police in the state more training about when to use deadly force. "Barbers and hairdressers receive more training than our police officers," Gordly told the Oregonian.
The death of a Tigard, Ore., 18-year-old who was shot by sheriff's deputies has raised questions about "training methods and procedures taught to law enforcement officers throughout Oregon and the nation," The Oregonian reports.
Lukas Glenn was killed Saturday night. According to the Washington County sheriff's department, he was armed with a knife, refused the deputies' orders to drop it and ignored beanbags they fired at him. When he headed toward his house -- where his family was -- the deputies fired their guns.
"It appears to have been very much by the book," Geoffrey Alpert, chairman of the Department of Criminology and Criminal Justice at the University of South Carolina, told the newspaper. "The use of deadly force to save people inside that house seems to have been reasonable."
But, said Jack Levin, director of the Brudnick Center on Violence at Northeastern University, a review board "will have to determine whether the pocket knife ... was a realistic threat."
Oregon State Sen. Avel Gordly, a Democrat, is pushing for legislation to give police in the state more training about when to use deadly force. "Barbers and hairdressers receive more training than our police officers," Gordly told the Oregonian.
Wednesday, September 20, 2006
Kaady family names city, county in federal lawsuit
Renowned attorney Gerry Spence hired
By Marcus Hathcock
The Sandy Post, Sep 14, 2006, Updated Sep 20, 2006
The family of Fouad Kaady filed a lawsuit against the city of Sandy and Clackamas County last week in federal court, coinciding with the one-year anniversary of Kaady's death.
Kaady was shot and killed by Sandy police officer Bill Bergin and Clackamas County Sheriff's Deputy Dave Willard Sept. 8, 2005, after a string of seemingly bizarre events including several hit-and-run collisions, a car fire and a possible assault.
He was naked, bleeding and severely burned during the fatal police encounter near Cottrell Grade School, northwest of Sandy.
The 31-page lawsuit, filed in U.S. District Court on Wednesday, Sept. 6, claims that the county, the city and the officers violated Kaady’s civil rights. The 10-claim complaint alleges excessive force, unconstitutional arrest and wrongful death.
Specifically, the suit accuses the defendants of “unreasonable use of a Taser weapon”, “unreasonable use of deadly force”, “unconstitutional municipal policy” in Clackamas County and in the city of Sandy, “unlawful policy” by the acts of Clackamas County Sheriff Craig Roberts and Sandy Police Chief Harold Skelton, having an “informal custom and policy” that encourages Taser use over physical restraint tactics, and initiating an unconstitutional arrest.
Furthermore, it claims that the police-involved shooting was “oppressive, malicious … (and) motivated by evil motive or intent.”
Kaady family members seek monetary damages in an amount to be determined at trial. That amount would include memorial service expenses, the loss of Kaady’s lifetime wages, compensation for pain and suffering, attorneys’ fees and punitive judgments against the officers.
“We’re hoping for a fair and just exploration of what happened, and maybe some result that will be a living testament to Fouad Kaady’s life,” said Michelle Burrows one of the Kaady family’s attorneys.
A Clackamas County Grand Jury cleared Bergin and Willard of all wrongdoing last year and an internal investigation by the sheriff’s office and the Sandy Police Department determined that they had fully complied with department policies and procedures. Both officers have returned to duty.
Sheriff Craig Roberts and Sandy Police Chief Harold Skelton defended the actions of the officers, saying that in unstable situations such as the Kaady case, sometimes split-second decisions must be made to protect law enforcement officers.
The family has hired Wyoming attorney Gerry Spence, who is known for handling high-profile cases. He represented Brandon Mayfield – the Portland-area man whose fingerprints were erroneously linked to the 2004 Madrid train bombings.
Spence is most famous for his work in the 1984 Karen Silkwood case, where he successfully argued that Silkwood’s employer – a plutonium production plant – was responsible for exposing her to dangerous levels of radiation. A jury awarded Silkwood’s estate $10.5 million.
He boasts on his Web site that he has never lost a criminal case, and hasn’t lost a civil trial since 1969. Spence will reportedly handle the main arguments in the trial, which isn’t likely to begin for at least a year, said Burrows, the local attorney representing Spence’s firm.
The next step, she said, is to “legally and technically serve the defendants with the paperwork we filed.” The fact-finding, “discovery” process of building the case will begin in the next few months, and a trial will come after that.
“In a perfect world we’d be looking at a trial a year to 18 months from now,” Burrows said.
Skelton and City Manager Scott Lazenby said they have been told by their attorneys not to comment on the pending litigation.
By Marcus Hathcock
The Sandy Post, Sep 14, 2006, Updated Sep 20, 2006
The family of Fouad Kaady filed a lawsuit against the city of Sandy and Clackamas County last week in federal court, coinciding with the one-year anniversary of Kaady's death.
Kaady was shot and killed by Sandy police officer Bill Bergin and Clackamas County Sheriff's Deputy Dave Willard Sept. 8, 2005, after a string of seemingly bizarre events including several hit-and-run collisions, a car fire and a possible assault.
He was naked, bleeding and severely burned during the fatal police encounter near Cottrell Grade School, northwest of Sandy.
The 31-page lawsuit, filed in U.S. District Court on Wednesday, Sept. 6, claims that the county, the city and the officers violated Kaady’s civil rights. The 10-claim complaint alleges excessive force, unconstitutional arrest and wrongful death.
Specifically, the suit accuses the defendants of “unreasonable use of a Taser weapon”, “unreasonable use of deadly force”, “unconstitutional municipal policy” in Clackamas County and in the city of Sandy, “unlawful policy” by the acts of Clackamas County Sheriff Craig Roberts and Sandy Police Chief Harold Skelton, having an “informal custom and policy” that encourages Taser use over physical restraint tactics, and initiating an unconstitutional arrest.
Furthermore, it claims that the police-involved shooting was “oppressive, malicious … (and) motivated by evil motive or intent.”
Kaady family members seek monetary damages in an amount to be determined at trial. That amount would include memorial service expenses, the loss of Kaady’s lifetime wages, compensation for pain and suffering, attorneys’ fees and punitive judgments against the officers.
“We’re hoping for a fair and just exploration of what happened, and maybe some result that will be a living testament to Fouad Kaady’s life,” said Michelle Burrows one of the Kaady family’s attorneys.
A Clackamas County Grand Jury cleared Bergin and Willard of all wrongdoing last year and an internal investigation by the sheriff’s office and the Sandy Police Department determined that they had fully complied with department policies and procedures. Both officers have returned to duty.
Sheriff Craig Roberts and Sandy Police Chief Harold Skelton defended the actions of the officers, saying that in unstable situations such as the Kaady case, sometimes split-second decisions must be made to protect law enforcement officers.
The family has hired Wyoming attorney Gerry Spence, who is known for handling high-profile cases. He represented Brandon Mayfield – the Portland-area man whose fingerprints were erroneously linked to the 2004 Madrid train bombings.
Spence is most famous for his work in the 1984 Karen Silkwood case, where he successfully argued that Silkwood’s employer – a plutonium production plant – was responsible for exposing her to dangerous levels of radiation. A jury awarded Silkwood’s estate $10.5 million.
He boasts on his Web site that he has never lost a criminal case, and hasn’t lost a civil trial since 1969. Spence will reportedly handle the main arguments in the trial, which isn’t likely to begin for at least a year, said Burrows, the local attorney representing Spence’s firm.
The next step, she said, is to “legally and technically serve the defendants with the paperwork we filed.” The fact-finding, “discovery” process of building the case will begin in the next few months, and a trial will come after that.
“In a perfect world we’d be looking at a trial a year to 18 months from now,” Burrows said.
Skelton and City Manager Scott Lazenby said they have been told by their attorneys not to comment on the pending litigation.
Tuesday, September 19, 2006
LETTERS TO THE EDITOR - Police shooting: Nonlethal tactics needed
from the Oregonian
We were aghast to learn of the killing this weekend of Tigard-area teen Lukus Glenn by Washington County sheriff's deputies ("Police kill 18-year-old near Tigard," Sept. 17, and "Mom: 9-1-1 call was to help son," Sept. 18).
Something went terribly wrong here. Having raised three children, we know that there are occasions when teens may be out of control and defiant, especially if alcohol is involved. Glenn's parents did exactly the right thing when their son appeared to be out of control and self-destructive: They asked for help.
They expected that their son might have to be arrested for the night, sober up and face the consequences of extreme behavior. The last thing they expected, we're sure, was that law enforcement officers would escalate the situation even further.
If Glenn had been a wild animal cornered in the neighborhood, chances are he would have been tranquilized and transported unconscious back to a friendly habitat. Why couldn't that have happened for Glenn?
We weren't there, and we don't know the exact circumstances as events played out, but we suggest a different type of training for the officers is needed. Defiance is not sufficient reason to take a life.
Bring out the Tasers, stall, negotiate, do something else --anything rather than escalate to final justice so quickly.
Our sympathies go out to the parents who raised a promising young man who just needed a little help and some extra discipline getting through the adolescent growing pains. He deserved a better outcome, and so did they.
DENNIS and CHARLENE DOYLE, Redland
The Oregonian reports another police killing of an apparently disturbed person, this time a teenager armed only with a knife. The families of Fouad Kaady and now Lukus Glenn are reeling from a shoot-first, protect-later policy.
When will our police be trained to disarm first without firing multiple rounds to ensure a kill? Why not train police to shoot at the legs of aggressive and disturbed persons who are not armed with guns?
As reported, Lukus Glenn may have been seeking "suicide by cop," but we should train our police to protect our citizens first. Police should use guns only as a last resort, and even then, first to disable suspects --not to slaughter them in a hail of bullets.
PETER KLAEBE, Lake Oswego
As a resident of Washington County, I am shocked by the insensitivity and utter lack of competence these so-called "peace officers" failed to demonstrate. This cry for help from a depressed, confused teenager was answered with a ruthless barrage of gunfire, resulting in a senseless loss of life.
I may not be a crisis tactician, but I believe this tragedy could have easily been avoided with just the slightest bit of common sense and empathy on the part of the police.
ROBERT O'HEARN, Northwest Portland
Extreme police reactions such as in [the fatal shootings of] Lukus Glenn and Fouad Kaady in Sandy will result in the public's loss of trust and confidence in law enforcement. The people will learn to avoid the police for help and resolve the situation on their own. Results, where people take matters into their own hands, also are troublesome.
Sadly, this is life in the bitter and paranoid America.
BRYAN J. DORR
We were aghast to learn of the killing this weekend of Tigard-area teen Lukus Glenn by Washington County sheriff's deputies ("Police kill 18-year-old near Tigard," Sept. 17, and "Mom: 9-1-1 call was to help son," Sept. 18).
Something went terribly wrong here. Having raised three children, we know that there are occasions when teens may be out of control and defiant, especially if alcohol is involved. Glenn's parents did exactly the right thing when their son appeared to be out of control and self-destructive: They asked for help.
They expected that their son might have to be arrested for the night, sober up and face the consequences of extreme behavior. The last thing they expected, we're sure, was that law enforcement officers would escalate the situation even further.
If Glenn had been a wild animal cornered in the neighborhood, chances are he would have been tranquilized and transported unconscious back to a friendly habitat. Why couldn't that have happened for Glenn?
We weren't there, and we don't know the exact circumstances as events played out, but we suggest a different type of training for the officers is needed. Defiance is not sufficient reason to take a life.
Bring out the Tasers, stall, negotiate, do something else --anything rather than escalate to final justice so quickly.
Our sympathies go out to the parents who raised a promising young man who just needed a little help and some extra discipline getting through the adolescent growing pains. He deserved a better outcome, and so did they.
DENNIS and CHARLENE DOYLE, Redland
The Oregonian reports another police killing of an apparently disturbed person, this time a teenager armed only with a knife. The families of Fouad Kaady and now Lukus Glenn are reeling from a shoot-first, protect-later policy.
When will our police be trained to disarm first without firing multiple rounds to ensure a kill? Why not train police to shoot at the legs of aggressive and disturbed persons who are not armed with guns?
As reported, Lukus Glenn may have been seeking "suicide by cop," but we should train our police to protect our citizens first. Police should use guns only as a last resort, and even then, first to disable suspects --not to slaughter them in a hail of bullets.
PETER KLAEBE, Lake Oswego
As a resident of Washington County, I am shocked by the insensitivity and utter lack of competence these so-called "peace officers" failed to demonstrate. This cry for help from a depressed, confused teenager was answered with a ruthless barrage of gunfire, resulting in a senseless loss of life.
I may not be a crisis tactician, but I believe this tragedy could have easily been avoided with just the slightest bit of common sense and empathy on the part of the police.
ROBERT O'HEARN, Northwest Portland
Extreme police reactions such as in [the fatal shootings of] Lukus Glenn and Fouad Kaady in Sandy will result in the public's loss of trust and confidence in law enforcement. The people will learn to avoid the police for help and resolve the situation on their own. Results, where people take matters into their own hands, also are troublesome.
Sadly, this is life in the bitter and paranoid America.
BRYAN J. DORR
Tuesday, September 12, 2006
Officer, Deputy Named in Portland Wrongful-Death Suit
published in KillPolice.com
A well-known attorney takes on a case in which a Portland man was shot seven timesThe family of Fouad Kaady, a 27-year-old Portland man shot and killed by police a year ago today on a rural Clackamas County highway, has hired high-profile, flamboyant attorney Gerry Spence of Wyoming to argue a wrongful-death lawsuit in federal court.
Kaady was naked, burned and bleeding when he was shocked with a stun gun then shot by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff’s Office.
The 31-page lawsuit, filed Wednesday in U.S. District Court, names the city of Sandy, Clackamas County and the two officers and seeks monetary damages in an amount to be determined at trial for civil rights violations, excessive force, unconstitutional arrest and wrongful death.
Willard and Bergin shot the unarmed man seven times. A Clackamas County grand jury heard testimony from at least 40 witnesses and decided against bringing charges against the two. Additionally, the Clackamas County Sheriff’s Shooting Review Board and a review by the Sandy Police Department found that Willard and Bergin acted appropriately. Both have returned to duty.
Kaady’s family and friends bitterly criticized the grand jury’s decision and insist he had no history of mental illness and did not take hard drugs. They think his behavior was caused by the shock of being badly burned in a car wreck about a half-hour before the shooting.
“There is no doubt in my mind that this was not a justifiable shooting,” said Portland attorney Michelle Burrows, who also will argue the case with Spence’s son, Kent Spence.
Burrows said main arguments in court will be handled by Gerry Spence, who has represented high-profile clients such as white separatist Randy Weaver and Brandon Mayfield, a Portland attorney who was jailed for two weeks in 2004 after his fingerprint was mistakenly linked to terror bombings in Madrid, Spain.
Spence –who often sports a black felt hat and leather-fringed, buckskin jacket –made national headlines in 1984 after winning a $10.5 million settlement for the estate of Karen Silkwood, an Oklahoma plutonium worker.
Lawyers for the Clackamas County counsel’s office are ready to take on the case.
“We feel sorry for the family, but we believe this is a very defensible case, and we will fight it,” said Ed McGlone, an attorney with the office.
Scott Lazenby, Sandy’s city manager, said city officials have been instructed not to discuss pending litigation.
In the official police report, a detective speculated that Kaady’s bizarre behavior before the shooting may have been caused by “excited delirium,” a rare but often deadly medical condition associated with illegal drug use, mental illness or injury, experts say.
People with the condition commonly display incredible strength, are impervious to pain, growl like an animal, are aggressive and take off their clothing because they become superheated.
Clackamas County prosecutors confirmed that Kaady had traces of THC, the active ingredient in marijuana, in his system.
Shortly before he died, Kaady smashed his car into three other cars on Southeast Bluff Road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help him.
The lawsuit claims that both the sheriff’s department and Sandy police have cultures that encourage officers “to taser and/or ’shoot first,’ a pattern of repeated serious violations of the constitutional rights of citizens.”
The suit claims Kaady was not presenting any “objective danger.” It seeks damages for burial and memorial services; general damages for depriving his civil rights; monetary losses to his estate, including the loss of earnings; pain and suffering; punitive damages; and attorney fees.
A well-known attorney takes on a case in which a Portland man was shot seven timesThe family of Fouad Kaady, a 27-year-old Portland man shot and killed by police a year ago today on a rural Clackamas County highway, has hired high-profile, flamboyant attorney Gerry Spence of Wyoming to argue a wrongful-death lawsuit in federal court.
Kaady was naked, burned and bleeding when he was shocked with a stun gun then shot by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff’s Office.
The 31-page lawsuit, filed Wednesday in U.S. District Court, names the city of Sandy, Clackamas County and the two officers and seeks monetary damages in an amount to be determined at trial for civil rights violations, excessive force, unconstitutional arrest and wrongful death.
Willard and Bergin shot the unarmed man seven times. A Clackamas County grand jury heard testimony from at least 40 witnesses and decided against bringing charges against the two. Additionally, the Clackamas County Sheriff’s Shooting Review Board and a review by the Sandy Police Department found that Willard and Bergin acted appropriately. Both have returned to duty.
Kaady’s family and friends bitterly criticized the grand jury’s decision and insist he had no history of mental illness and did not take hard drugs. They think his behavior was caused by the shock of being badly burned in a car wreck about a half-hour before the shooting.
“There is no doubt in my mind that this was not a justifiable shooting,” said Portland attorney Michelle Burrows, who also will argue the case with Spence’s son, Kent Spence.
Burrows said main arguments in court will be handled by Gerry Spence, who has represented high-profile clients such as white separatist Randy Weaver and Brandon Mayfield, a Portland attorney who was jailed for two weeks in 2004 after his fingerprint was mistakenly linked to terror bombings in Madrid, Spain.
Spence –who often sports a black felt hat and leather-fringed, buckskin jacket –made national headlines in 1984 after winning a $10.5 million settlement for the estate of Karen Silkwood, an Oklahoma plutonium worker.
Lawyers for the Clackamas County counsel’s office are ready to take on the case.
“We feel sorry for the family, but we believe this is a very defensible case, and we will fight it,” said Ed McGlone, an attorney with the office.
Scott Lazenby, Sandy’s city manager, said city officials have been instructed not to discuss pending litigation.
In the official police report, a detective speculated that Kaady’s bizarre behavior before the shooting may have been caused by “excited delirium,” a rare but often deadly medical condition associated with illegal drug use, mental illness or injury, experts say.
People with the condition commonly display incredible strength, are impervious to pain, growl like an animal, are aggressive and take off their clothing because they become superheated.
Clackamas County prosecutors confirmed that Kaady had traces of THC, the active ingredient in marijuana, in his system.
Shortly before he died, Kaady smashed his car into three other cars on Southeast Bluff Road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help him.
The lawsuit claims that both the sheriff’s department and Sandy police have cultures that encourage officers “to taser and/or ’shoot first,’ a pattern of repeated serious violations of the constitutional rights of citizens.”
The suit claims Kaady was not presenting any “objective danger.” It seeks damages for burial and memorial services; general damages for depriving his civil rights; monetary losses to his estate, including the loss of earnings; pain and suffering; punitive damages; and attorney fees.
Friday, September 8, 2006
Police named in wrongful-death suit
from the Oregonian
The family of Fouad Kaady, a 27-year-old Portland man shot and killed by police a year ago today on a rural Clackamas County highway, has hired high-profile, flamboyant attorney Gerry Spence of Wyoming to argue a wrongful-death lawsuit in federal court.
Kaady was naked, burned and bleeding when he was shocked with a stun gun then shot by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff's Office.
The 31-page lawsuit, filed Wednesday in U.S. District Court, names the city of Sandy, Clackamas County and the two officers and seeks monetary damages in an amount to be determined at trial for civil rights violations, excessive force, unconstitutional arrest and wrongful death.
Willard and Bergin shot the unarmed man seven times. A Clackamas County grand jury heard testimony from at least 40 witnesses and decided against bringing charges against the two. Additionally, the Clackamas County Sheriff's Shooting Review Board and a review by the Sandy Police Department found that Willard and Bergin acted appropriately. Both have returned to duty.
Kaady's family and friends bitterly criticized the grand jury's decision and insist he had no history of mental illness and did not take hard drugs. They think his behavior was caused by the shock of being badly burned in a car wreck about a half-hour before the shooting.
"There is no doubt in my mind that this was not a justifiable shooting," said Portland attorney Michelle Burrows, who also will argue the case with Spence's son, Kent Spence.
Burrows said main arguments in court will be handled by Gerry Spence, who has represented high-profile clients such as white separatist Randy Weaver and Brandon Mayfield, a Portland attorney who was jailed for two weeks in 2004 after his fingerprint was mistakenly linked to terror bombings in Madrid, Spain.
Spence --who often sports a black felt hat and leather-fringed, buckskin jacket --made national headlines in 1984 after winning a $10.5 million settlement for the estate of Karen Silkwood, an Oklahoma plutonium worker.
Lawyers for the Clackamas County counsel's office are ready to take on the case.
"We feel sorry for the family, but we believe this is a very defensible case, and we will fight it," said Ed McGlone, an attorney with the office.
Scott Lazenby, Sandy's city manager, said city officials have been instructed not to discuss pending litigation.
In the official police report, a detective speculated that Kaady's bizarre behavior before the shooting may have been caused by "excited delirium," a rare but often deadly medical condition associated with illegal drug use, mental illness or injury, experts say.
People with the condition commonly display incredible strength, are impervious to pain, growl like an animal, are aggressive and take off their clothing because they become superheated.
Clackamas County prosecutors confirmed that Kaady had traces of THC, the active ingredient in marijuana, in his system.
Shortly before he died, Kaady smashed his car into three other cars on Southeast Bluff Road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help him.
The lawsuit claims that both the sheriff's department and Sandy police have cultures that encourage officers "to taser and/or 'shoot first,' a pattern of repeated serious violations of the constitutional rights of citizens."
The suit claims Kaady was not presenting any "objective danger." It seeks damages for burial and memorial services; general damages for depriving his civil rights; monetary losses to his estate, including the loss of earnings; pain and suffering; punitive damages; and attorney fees.
"Every holiday, every birthday is hard," said Kaady's sister, Andrea Kaady. "His death was a huge earthquake, and the aftershocks will go on forever."
A memorial service marking the one-year anniversary of Kaady's death will be at 11 a.m. Sunday at the St. George Antiochian Orthodox Christian Church, 2101 N.E. 162nd Ave.
The family of Fouad Kaady, a 27-year-old Portland man shot and killed by police a year ago today on a rural Clackamas County highway, has hired high-profile, flamboyant attorney Gerry Spence of Wyoming to argue a wrongful-death lawsuit in federal court.
Kaady was naked, burned and bleeding when he was shocked with a stun gun then shot by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff's Office.
The 31-page lawsuit, filed Wednesday in U.S. District Court, names the city of Sandy, Clackamas County and the two officers and seeks monetary damages in an amount to be determined at trial for civil rights violations, excessive force, unconstitutional arrest and wrongful death.
Willard and Bergin shot the unarmed man seven times. A Clackamas County grand jury heard testimony from at least 40 witnesses and decided against bringing charges against the two. Additionally, the Clackamas County Sheriff's Shooting Review Board and a review by the Sandy Police Department found that Willard and Bergin acted appropriately. Both have returned to duty.
Kaady's family and friends bitterly criticized the grand jury's decision and insist he had no history of mental illness and did not take hard drugs. They think his behavior was caused by the shock of being badly burned in a car wreck about a half-hour before the shooting.
"There is no doubt in my mind that this was not a justifiable shooting," said Portland attorney Michelle Burrows, who also will argue the case with Spence's son, Kent Spence.
Burrows said main arguments in court will be handled by Gerry Spence, who has represented high-profile clients such as white separatist Randy Weaver and Brandon Mayfield, a Portland attorney who was jailed for two weeks in 2004 after his fingerprint was mistakenly linked to terror bombings in Madrid, Spain.
Spence --who often sports a black felt hat and leather-fringed, buckskin jacket --made national headlines in 1984 after winning a $10.5 million settlement for the estate of Karen Silkwood, an Oklahoma plutonium worker.
Lawyers for the Clackamas County counsel's office are ready to take on the case.
"We feel sorry for the family, but we believe this is a very defensible case, and we will fight it," said Ed McGlone, an attorney with the office.
Scott Lazenby, Sandy's city manager, said city officials have been instructed not to discuss pending litigation.
In the official police report, a detective speculated that Kaady's bizarre behavior before the shooting may have been caused by "excited delirium," a rare but often deadly medical condition associated with illegal drug use, mental illness or injury, experts say.
People with the condition commonly display incredible strength, are impervious to pain, growl like an animal, are aggressive and take off their clothing because they become superheated.
Clackamas County prosecutors confirmed that Kaady had traces of THC, the active ingredient in marijuana, in his system.
Shortly before he died, Kaady smashed his car into three other cars on Southeast Bluff Road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help him.
The lawsuit claims that both the sheriff's department and Sandy police have cultures that encourage officers "to taser and/or 'shoot first,' a pattern of repeated serious violations of the constitutional rights of citizens."
The suit claims Kaady was not presenting any "objective danger." It seeks damages for burial and memorial services; general damages for depriving his civil rights; monetary losses to his estate, including the loss of earnings; pain and suffering; punitive damages; and attorney fees.
"Every holiday, every birthday is hard," said Kaady's sister, Andrea Kaady. "His death was a huge earthquake, and the aftershocks will go on forever."
A memorial service marking the one-year anniversary of Kaady's death will be at 11 a.m. Sunday at the St. George Antiochian Orthodox Christian Church, 2101 N.E. 162nd Ave.
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