Portland City Council will vote Wednesday on whether it should award $47,500 to Portlander Evelyn Cushing for her injuries sustained by a Portland cop during a 2020 racial justice protest.

According to a draft legal complaint sent to the city, Cushing was beaten with a night stick by Officer Brian Wheeler at a demonstration in downtown Portland on September 23, 2020. Cushing was not protesting the evening of her assault. Rather, she was volunteering as a street medic at the event, offering medical aid to any demonstrators. She identified her role by wearing a red cross on her helmet and chest.

A video of the incident, captured by a member of the public, shows Cushing walking slowly on the sidewalk of SW Main St. toward SW Broadway past a number of officers dressed in riot gear. Wheeler then approached Cushing from behind and, without warning, shoved her to the ground, screaming "Move your ass!"

According to the legal filing, the fall permanently injured Cushing's left shoulder. She may require surgery to fully address the injury.

A video still shows Wheeler (left) running toward Cushing (right) shortly before the assault.

"Cushing has suffered pain, a sense of degradation, loss of function, interference with performing her usual life and work activities, all commensurate with what one would expect from having undergone Wheeler's assault," reads the filing, sent by Cushing's lawyer James McCandlish. Cushing initially asked the city for up to $550,000 for her injuries. In close-door settlement negotiations, it appears both Cushing and city attorneys have agreed on $47,500.

The city lawyers' interest in settling the case—instead of allowing it to head to court—may have been bolstered by an internal investigation into Wheeler's assault. A review by the city's Police Review Board found that Wheeler had used inappropriate force against Cushing that was not allowed under PPB policy. It's not clear what type of penalty Wheeler received for this violation.

Cushing is one of at least nine Portlanders whose civil cases against the city for officers' conduct at 2020 demonstrations has resulted in a settlement payout from the city. Her case is reminiscent, however, of the first 2020 protest case against Portland police to go to trial.

In September, Portlander Erin Wenzel brought her abuse allegations against Portland Police Bureau (PPB) to court, after an unidentified officer broke her arm during an August 2020 demonstration. Like Cushing, Wenzel was attending the event as a volunteer medic. And like Cushing, Wenzel was shoved to the ground from behind without warning by a black-clad officer. However, there was no video recording of the incident and PPB declined to identify the cop who pushed her, making it difficult to hold any officer to account. A jury awarded Wenzel $40,272 for subjecting her to battery and unreasonable force.

In total, the city has so far paid around $325,000 to resolve cop settlement cases tied to 2020 protests.