ACLU calls for special prosecutor after video shows officers’ aggressive tactics during weekend protests

Portland protests continue for 105th consecutive night

The American Civil Liberties Union has called for a special prosecutor to look into aggressive crowd control tactics by law enforcement officers in Portland.

After a weekend of protests in Portland, the Oregon chapter of the American Civil Liberties Union is calling for a special prosecutor to investigate the actions of law enforcement officers who were seen on video responding aggressively to demonstrators and members of the media Saturday night.

Gov. Kate Brown declared a state of emergency and put law enforcement agencies — the Portland Police Bureau, the Multnomah County Sheriff’s Office and the Oregon State Police — under a joint unified command Saturday ahead of planned protests by far-right groups and counter-protests by groups affiliated with the Black Lives Matter movement in North Portland.

The daytime events were largely free of violence, but officers declared an unlawful assembly downtown Saturday night after some protesters threw rocks and other objects at law enforcement, according to police.

As officers attempted to disperse the crowd, several videos showed them shoving protesters to the ground and pushing members of the media, including John Rudoff, a freelance photographer who has shot photos for various media organizations, and Sergio Olmos, a video journalist for Oregon Public Broadcasting. It was unclear whether the officers were Portland police, state troopers or Multnomah County sheriff’s deputies.

Earlier this summer, U.S. District Judge Michael H. Simon ruled that journalists with professional or authorized passes and legal observers are exempt from Portland police orders requiring protesters to leave during declared unlawful assemblies or riots.

Kelly Simon, a lawyer with the ACLU, condemned the aggressive actions of law enforcement officers.

“Among many abuses, police violently shoved and dispersed journalists, forcefully threw people to the ground, and threatened to destroy the critical supplies of protest medics,” Simon said in a statement. “We have yet to see most of our government officials reject this form of violence that has long been wreaking havoc in our communities and undermining protected expression.”

In a series of tweets on Sunday, Brown said “free speech and free press are two of my core values” but said investigating the incidents would fall to the agencies involved.

Matt Borden, a lawyer who represented journalists in the lawsuit that prompted the judge’s order, called the incident involving Rudoff “a gratuitous and cowardly attack” and said it “violates basic human decency in addition to the Court’s injunction.”

“We intend to hold police in Portland accountable,” he said in an email. “The public has a right to know what is happening at protests.”

Simon, with the ACLU, called for an independent investigation into the officers' actions.

“We call on Gov. Brown to use her authority under ORS 131.805 to appoint a special, independent prosecutor to investigate and prosecute the rampant police abuses that have occurred in Portland over the last several months,” Simon said. “Police abuse of protesters, journalists, legal observers, medics and bystanders must be stopped. This is not a new issue, and our government leaders must take action.”

The Multnomah County Sheriff’s Office issued a statement on behalf of all three law enforcement agencies, saying they had “learned of several use of force incidents captured on video that occurred Saturday night.”

“We have directed staff to review the videos to determine if any deputies, officers or troopers may have acted outside the scope of their policy or training,” the statement said. “If an action warrants further investigation, the video will be referred to the administration and review boards of the particular agency the officer belongs to.”

Charles Boyle, a Brown spokesman, said complaints about the officers' conduct would be handled at the city and county level.

Portland’s Independent Police Review said it was reviewing footage and working to identify officers involved. The board asked witnesses to incidents of police misconduct to contact the oversight office at ipr@portlandoregon.gov or 503-823-0146.

The office is already investigating dozens of complaints related to police conduct at this year’s protests.

-- Kale Williams; kwilliams@oregonian.com; 503-294-4048; @sfkale

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