Excessive Force False Arrest Lawsuit

The March issue of Trial reports that a jury has awarded three men $175,000 in a lawsuit against the City of Portland where the plaintiffs alleged that police officers used excessive force.  See, Trial, 3/10, p. 14.  More specifically, the plaintiffs, each of whom is African American, contended that they were subjected to assault, battery, false arrest and excessive force motivated by racial stereotypes.  In this regard, the lawsuit charged that the plaintiffs were returning to their vehicle after a St. Patrick’s Day celebration when they were stopped by police officers as they got into their car in a parking garage.  One plaintiff, who had his seat belt on, immediately informed the officers that he was carrying a gun but had a concealed weapon permit. 

The police officers then allegedly started yelling at the men and drew their weapons, pointing them at the men’s heads as one officer sliced through the seat belt with a knife and the three men were pulled from the car and handcuffed.  The man with the concealed weapon permit was allegedly punched in the groin.  All three men feared they would be shot at any moment.  While the police officers argued in the case that they were just doing their jobs after receiving reports of a fight, the men were not arrested or given any explanation for why they had been stopped.

The jury award occurred in the case Hammick v. City of Portland, No. 0807-09735 (Or., Multnomah Co.Cir. Sept. 28, 2009).

Whether excessive force, assault, battery and false arrest by police occurs in Beaumont, Conroe, Houston or elsewhere, victims of police misconduct may make written complaints to the responsible law enforcement employer and contact an attorney to determine if a police excessive force lawsuit is ultimately appropriate under the particular facts and circumstances of the potential excessive force claim.