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$330,000 Settlement in Oregon Excessive Force / Unlawful Entry and Search Claim

A $330,000 settlement was reached between an Oregon family and the law enforcement personnel and government entities responsible for the excessive force used against them during an unlawful entry and search of the family’s home. The Kim family sued the City of Newberg, City of Tigard, Benton County and 35 local, state and federal law enforcement officers.

Sung Koo Kim was arrested on May 13, 2004 for burglary and theft of women’s clothing, and his parents posted his bond. On May 24, 2005, Brooke Wilberger disappeared from an apartment complex parking lot. On May 28, a “nighttime service” search warrant was obtained to search the Kim’s home and Sung Koo’s vehicle for evidence related to Wilberger’s disappearance. The warrant had no objective reasoning to suspect Sung Koo’s involvement with the disappearance.

On May 29, law enforcement executed a “nighttime no-knock, dynamic entry” search of the Kim’s home, which involved using explosive devices to forcibly open doors and to shock the family, who were sleeping upon entry. They were confronted with guns, placed in flex cuffs, and Joo Kim was shot with a rubber bullet or bean bag weapon in the chest.

The matter was settled on October 17, 2008. The Kim’s were represented by Portland attorneys David D. Park and Craig Nichols. See: Kim v. Ronning, USDC, D. Oregon, Case No. 3:05-CV-1167.

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Related legal case

Kim v. Ronning