ORDER ON MOTIONS TO DISMISS
the court are defend ants' motions to dismiss the
complaints against them because of alleged police misconduct.
Hearing was held on March 16, 2017. Briefs were filed on
April 3, 2017, The court has considered the evidence and
arguments of counsel. For the following reasons, the motions
Abbott has been employed by the Portland Police Department
for more than five years. On July 4, 2016, he responded
before 9:00 p.m. to a report of an assault on a security
guard at Bayside Village, a large apartment complex in
Portland. He had also been instructed to "criminal
trespass" defendant Michelle Gadson, and had told her to
leave the premises.
Abbott was watching security video footage with two other
security officers behind the counter in the lobby of Bayside
Village. Defendant Isaiah Gadson, who lived at Bayside
Village, entered the lobby, Mr. Gadson is nineteen years old,
is 6'5", weighs 250 pounds, and works in the Old
Port as a bouncer. He expected to meet his mother, Ms,
Gadson, at Bayside Village after the fireworks that evening.
were four people and the officers in the lobby at Bayside
Village. (St.'s Ex. 14.) Mr. Gadson walked into the lobby
quickly and stopped at the counter. His arms were raised,
consistent with making an inquiry. (St.'s Ex, 14.) He
asked who had criminal trespassed his mother.
Abbott immediately walked around the counter and approached
Mr. Gadson, who did not move and who had his arms pointed
down in front of him. (St.'s Ex. 14.) Officer Abbott
pushed Mr. Gadson with both hands, pointed to the door, and
told Mr. Gadson to leave. (St.'s Ex. 14.) Officer Abbott
continued to speak to Mr. Gadson, who did not move and kept
his arms down in front of him, (St.'s Ex. 14.) Officer
Abbott was saying, "go." (St.'s Ex. 14.) Mr.
Gadson responded that he lived there and did not have to
Abbott then pulled his taser, pointed it directly in Mr.
Gadson's face, and "dotted his forehead."
(St.'s Ex. 14.) Mr. Gadson reacted and stepped back but
remained standing where he was with his arms down in front of
him. (St.'s Ex. 14.) Officer Abbott raised the taser
again and continued to point to the door and to order Mr.
Gadson to leave. (St.'s Ex. 14.) Officer Abbott then
looked away from Mr. Gadson and spoke on his radio.
(St.'s Ex. 14.) Mr. Gadson turned and walked toward the
door. Officer Abbott shoved the taser into Mr. Gadson's
back and kept the taser pointed at Mr. Gadson's back as
Officer Abbott followed Mr. Gadson to the door. (St.'s
Ex. 14.) Officer Abbott pushed Mr. Gadson out of the lobby
toward the outside and followed him with the taser still in
Officer Abbott's hand. (St.'s Ex. 14.) Mr. Gadson did
not use force. (St.'s Ex. 14.) At this point, Mr. Gadson
had not committed a crime.
five people and another officer were present initially but
those numbers increased. (St.'s Ex. 14.) Officer Abbott
continued to speak in an aggressive manner to Mr. Gadson.
(St.'s Ex. 14.) Mr. Gadson's brother stepped toward
Mr. Gadson and Office Abbott, and the brother extended his
arm between the two. (St.'s Ex. 14.) Mr. Gadson continued
to stand with his arms down in front of him. (St.'s Ex.
14.) Officer Abbott moved closer to Mr. Gadson, who backed
up, and his brother moved his body between Officer Abbott and
Mr. Gadson. (St.'s Ex. 14.) Mr. Gadson backed up again as
Officer Abbott approached. (St.'s Ex. 14.)
Abbott then walked off the porch and shoved with both hands
another spectator who was speaking but not acting
aggressively. (St.'s Ex. 14.) Officer Abbott then engaged
in a conversation with that person and approached the person
closely. (St.'s Ex. 14.) The other officers stood by.
(St.'s Ex. 14.) The potential for this situation to
deteriorate was great.
Bennis, a Portland Police Department officer of thirteen
years, was dispatched to Bayside Village as additional back
up. Officer Bennis was concerned about the crowd, which
remained excited because of the previous incident, and tried
to contain the crowd.
Bennis called for additional police back up. Members of the
crowd were yelling and there was significant commotion.
(Defs.' Ex. 1.) Sergeant Noyes arrived at Bayside Village
at 9:06 p.m. in response to the call for additional help, and
spoke to Ms. Gadson. She was standing in the road because she
was not allowed on the property. Sergeant Noyes asked her to
step out of the road because traffic was passing very close
to her. (Defs.' Ex. 1.) She continued filming the scene.
(Defs.' Ex. 1.) Officer Bennis asked her again to move
and told her she was obstructing a public way. She did not
move, ignored Officer Bennis's requests, and continued
filming. (Def.'s Ex. 1.)
Noyes placed Ms. Gadson's arm behind her back to arrest
her and tried to put handcuffs on her. Members of the crowd,
including Mr. Gadson, moved quickly toward Sergeant Noyes and
Ms. Gadson. Mr. Gadson yelled, "do not touch my
ensuing events are difficult to identify on the video, the
beginning of which the court has viewed many times, partly
because a car passed between the camera and the scene at a
critical time. (Defs.' Ex. 1, Stream 1.) At least three
civilians were between Mr. Gadson, Sergeant Noyes and Ms.
Gadson as the civilians approached Sergeant Noyes and Ms.
Gadson. It does not appear ...