The City of Portland agreed to pay $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Bureau.

On August 22, 2002, President Bush visited Portland, Oregon. As a Republican fundraiser was getting underway, police clashed with protesters. Then, seven months later, on March 20 and 25, 2003, when demonstrators flooded downtown Portland in protest of the Iraq war, police again responded with force.

Twelve protesters filed suit in federal court alleging that police used excessive force on all three occasions. The plaintiffs claimed that "police overzealously pepper-sprayed demonstrators, struck them, slammed them to the ground and fired rubber stingballs at close range." Plaintiff Don Joughin claimed "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 county," Joughin stated.

Alan Graf, lead plaintiffs' attorney, "was particularly critical of the 2002 protest outside the Bush" fundraiser. "What we saw that day was a police riot," he said.

In the face of videotapes by demonstrators, observers and police, the City agreed to pay $300,000 in damages to settle the case rather than risk a significantly larger verdict.

All the plaintiffs but Graf's longtime friend, Lloyd Marbet, agreed to the settlement. The plaintiffs did not receive an official apology but former Portland Mayor Verakatz said "mistakes were made"you had to be blind not to see it." Police also acknowledged making mistakes during the protests, and have since altered their tactics.

Subsequent protests "have been largely free of violent clashes between police and demonstrators." Additionally, both Mayor Katz and the police chief in charge during the 2002 and 2003 protests have since been replaced.

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

After the settlement was entered, the federal court approved plaintiffs' unopposed application for $545,000 in attorney's fees. "Graf said half of the attorney fees will go to the multiple lawyers who worked on the case. The other half "will go to the Northwest Constitutional Rights Center, a new civil rights watchdog group," that operates out of Graf's law office.

One month before the case settled, Graf sent an email to the plaintiffs threatening to close the Center's doors "if we don't come up with at least $120,000 from the plaintiffs." At least two of Graf's co-counsel protested his pressuring the plaintiffs to contribute funds to the center.

Marbet filed an ethics complaint against Graf. "Alan had an ethical obligation to represent my interests," Marbet stated. "In the course of this litigation, his own interests began to become evident." Marbet's objection was to the acceptance of the $300,000 settlement which he sees as being "bought off by the city."

"If you win, you've sold out. If you're not struggling, you're not a true activist," Graf replied, wearily. "It's a sign to the right that they don't have to worry. The left will self-destruct."

"For us to think we're going to reform the police bureau overnight is a pipedream," Graf added. "That's what separates me and Lloyd [Marbet]. 'Policy' is just paper. The money is going to get their attention. The headlines will get their attention."

"That's a legitimate perspective," Marbet acknowledged, "but because it isn't mine, it shouldn't be my attorney's." Marbet's bar complaint alleged that Graf developed "a personal and financial stake" in the litigation, particularly with respect to funding the Northwest Constitutional Rights Center. See: Marbet v. City of Portland, USDC D OR, Case No. 3:02-cv-01448-HA (2005).

Additional Source: The Oregonian.

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