An alleged case of police brutality, reported by the Mercury last year, has reached litigation.
Last we heard from Dan Halsted, he had been tasered, handcuffed and arrested on NE Broadway last June in June 2008 by three officers: Ben Davidson, Joshua Faris and Trina Adams.
Officer Davidson wrote in his police report that he was responding to a radio call about a suspected tagger running north on NE 25th Avenue. The district attorney’s office later declined to prosecute Halsted, citing a lack of evidence and Halsted’s intoxication, which may have made made him oblivious to the fact that he was being arrested.
Soon after the event, Halsted—who curates the Grindhouse Film Festival—hired attorney Dan Engler. Last week, almost a year two years after the alleged brutality, Halsted filed suit in federal court against the City of Portland and the officers.
Here’s part of the description of events from the court filing:
Defendant Davidson fired his Taser into Mr. Halsted’s back. Mr. Halsted fell to the pavement. Defendant-officers immediately seized upon Mr. Halsted, placing pressure on his back, pressing his face into the pavement, cuffing him, and pulling down his pants.
…
The individual defendant-officers were not adequately trained in the constitutional limitations on the use of force. Alternatively, [they] acted intentionally, maliciously, and recklessly in violation of Mrs. Halsted’s well-established constitutional rights….
The suit claims excessive force, assault/battery, negligence, and failure to train and supervise against the city. It also claims excessive force against the individual cops, and seeks compensatory and punitive damages.
Officer Davidson wrote in his police report that Halsted was part of a group of people who ran toward him, and that he yelled “Police! Stop!” before firing his Taser. Halsted says this is a lie. Yesterday he posted this link to his Facebook page:
The case will go before U.S. Magistrate Judge John V. Acosta. Read our original story for more. We’ll get a call out to Halsted’s lawyer for further comment.
Update 6/10 1:00 pm: The lawyer, Dan Engler, is on vacation until Monday. Also, a few people have asked us to clarify that Halsted provided a receipt from his pocket showing that he was in a bar with his friends—not committing any crime—just minutes before the arrest.
On the upside, we know where he can go to get a good meal and a cup of coffee.
1) I’d guess 90% of cops have a history of lying/stretching in police reports.
2) Go get ’em Halsted. From what I can see, you got completely fucked over, though I still would like to know more about the running away from the cops part.
To me, that seems extreme to do that kind of damage to a tagger. If he were a murderer or rapist, maybe. Can’t we give these people places to spray paint all over? Or is it more a territorial issue for them? As in, I do it because it’s forbidden and I want to leave my mark..? Is this beside the point of the post?
I guess he was the one that got tagged.
He was vandalizing someone’s property, ran from the cops, got injured when he resisted arrest, and now he’s whining about it. Just another self-entitled douchebag.
Dan Halsted is easily one of the nicest guys in Portland. This is insane.
Those cops need to be kicked off the force before they attack even more Portland taxpayers. (which, ironically, only leads to lawsuits that make the taxpayers then pay for such brutality.)
Go get ’em, Dan.
Reymont: keep in mind that nobody saw him tagging, they were just responding to a call about suspected taggers in the neighborhood and thought he fit the bill.
Nice juxtaposition, Merc. This story vis a vis all the R + B bashing.
Seriously, fuck the cops.
(My 12 paragraph sociology 101-esque screed in support of the Red and Black forthcoming….)
What does Kevin Pritchard have to do with any of this? Maybe this is why the Blazers are looking for his replacement.
Reymont-
Halsted wasn’t the tagger and had proof he was at a bar just a minute before he was jumped. They tased and beat the wrong guy.
Kick ’em in the ass, Dan.
I’d guess that the three copster’s are all likely members of that crazy cop club known as The Brotherhood of the Strong as they sure act like they’re crazy and if they act like it, then they must surely be so, and it then goes to conclude that they are members of TBOTS and that ought to count against ’em in court and cause mega-bucks to be paid out on their account. when will the citizens get tired of paying for this idiots?
why do you think 300 citizens a few months ago, marched through the street for 5 hours yelling F – THE POLICE!!!!?
The city police have a serious PR and ethic problem. No matter how much I like the Dragon Noodles, the facts speak for them selves.
In fact it is James Chasse’s family just reach $1.6 million settlement over this same type of bad ass behavior, but in that case with James, their bad ethics fun n games the victim died. Thank goodness Dan is still alive, (after seeing his mug shot,) to win his law suit, and maybe bring about some hope n change to this broken system.
We need to require all police to wear video and audio monitoring. If they lie on a report, charge them and fire them for the first offence. Than sue them for the money we paid them for being corrupt police officers for x amount of years. If the police union gets up in arms and threatens the city call in the national guard and have them arrested by military police.
You just can’t trust them anymore,there is always one or two bad apples in the bunch. They should all wear video and audio, and be tested weekly for drugs. They are straight up out of control. They are Not lawless do you think ?just have a run in with one or two of those, paid public servants it will change your life. It’s time to stand up America (PEOPLE) for what you believe in. cuss no one else is going to do it for you. WAKE UP!! INNOCENT UNTIL PROVEN GUILTY IS THE BIGGEST LIE TOLD TO THE AMERICAN PEOPLE………….PERIOD it’s going to get a hole lot worse people are going to get tired of the shit..STAND UP and be counted…