The Oregonian

A federal judge orders the city to pay legal fees in a suit saying police used excessive force during 2002 and 2003 confrontations

Thursday, May 19, 2005
ASHBEL S. GREEN

The Portland Police Bureau's mishandling of three demonstrations in 2002 and 2003 will cost city taxpayers more than $1 million.

The final bill arrived Tuesday, when a federal judge ordered the city to pay $545,000 to the attorneys for 12 people who accused police of using excessive force during demonstrations against the Iraq war and outside a Republican fundraiser headlined by President Bush.

The city attorney's office did not oppose the amount of attorney fees and legal costs. Last year, the city council agreed to pay the plaintiffs $300,000 to settle the case rather than risk a big verdict.

Total police overtime for the three demonstrations was not available Wednesday, but the 2003 protest outside a Republican fundraiser cost $194,718, according to Sgt. Brian Schmautz.

Alan Graf, lead attorney for the plaintiffs, held a news conference Wednesday outside City Hall to declare victory.

"This is a vindication of the people who protested against the war," Graf said . "People who protested should feel free to come back to the streets."

One of the plaintiffs, Don Joughin, said police pepper-sprayed him after refusing to let him and his children leave the area of the demonstration. Pepper spray got into the eyes of his 10-month-old son.

"It's not the way it's supposed to be in this country," said Joughin, a carpenter.

Graf said half of the attorney fees will go to the multiple lawyers who worked on the case.

The other half of the money will be go to the Northwest Constitutional Rights Center, a new civil rights watchdog group.

Much has changed since the 2002 and 2003 protests.

Police have acknowledged making mistakes and say they have altered their tactics. Protests since then have been largely free of violent clashes between police and demonstrators.

In addition, the police chief in charge at the time and the mayor who oversaw the Police Bureau are gone.

Chief Mark Kroeker was forced out in 2003 after a series of controversies capped by the release of a scathing review of how police handled officer-involved shootings.

Mayor Vera Katz did not seek re-election last year, opening the door for Tom Potter, a popular former police chief.

"I'm encouraged by Potter," Graf said.

Graf said he spoke to Potter for about an hour at the recent grand opening of Northwest Constitutional Rights Center.

The litigation stemmed from the Aug. 22, 2002, protest during President Bush's visit to the downtown Hilton, where police clashed with protesters as a Republican fundraiser was getting under way, and Iraq war protests on March 20 and March 25, 2003.

Plaintiffs claimed the police overzealously pepper-sprayed demonstrators, struck them, slammed them to the ground and fired rubber stingballs at close range.

The litigation relied heavily on videotapes by demonstrators, observers and police.

Graf was particularly critical of the 2002 protest outside the Bush visit.

"What we saw that day was a police riot," he said.

Ashbel "Tony" Green: 503-221-8202; tonygreen@news.oregonian.com