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human & civil rights | police / legal a22: bush protest

Legal Suit Against the City of Portland

Notice of Intent to Sue Filed with the City of Portland--Witnesses and Evidence Needed
I am not sure why Indymedia didn't publish our press conference and subsequent notice of intent to sue while the corporate media did. Explanations?

But here it is--we are looking for witnesses and evidence to help us put together our law suit---Our email address is  a-22-law@aracnet.com and phone number is 503-772-9989.

Please call us if you believe you can offer anything to the suit.

Please remember to write down your memories of what happened ASAP.

----------------------------------

Speech of Alan Graf to the press at the press conference held at City Hall on September 5th, 12 PM

Press Conference

Lloyd Marbet, Don Joughin, Corinna Andrews and their
children, along with Evelyn Moyo and Sunny Walters and
other yet unnamed plaintiffs announce their intent to sue
the city of Portland, Mayor Katz and Chief Mark Kroeker
for their unprovoked assault and attack on peaceful law
abiding protestors who were exercising their First
Amendment rights on August 22nd at the Bush protest.

Lawyers from the National Lawyers Guild will be
representing the plaintiffs along with the firm of Kafoury
and Mcdougal.

The plaintiffs are commencing this law suit because they
believe that the city council, particularly Mayor Katz has
abdicated her duties and responsibilities to the citizens of
Portland in not providing sufficient oversight of the
Portland police and not instituting a civilian based review
board to insure real police accountability.

The plaintiffs are commencing this suit because of the
inhumane and despicable conduct by the Portland Police
against peaceful and law abiding citizens.

We assert that the police review board now in place which
mandates that the police investigate police misconduct is
a failure and allows the police to act with impunity
against law abiding citizens knowing that they will not be
held accountable for their actions.

We will ask the court to order that the city replace the
police review board now in place with a review board
composed of citizens as recommended by the Mayor's
own task force. (Hold up majority report)

We will be asking for both monetary damages and
injunctive relief. In particular, we will ask the court to
order the police to cease and desist from using pepper
spray, tear gas and rubber bullets for crowd
control—similar, I might add, to what Mark Kroeker
concluded over two years ago in his post May Day report.

In today's Oregonian on page A10, there is an article
outlining how we have lost our fundamental right of
association, our right to freedom of information, our
freedom of speech, our right to legal representation, our
freedom from unreasonable searches, our right to a
speedy trial and our right to liberty all engineered by John
Ashcroft and George Bush.

Now the portland police have chosen to follow the lead of
Ashcroft and brutally assault those citizens who have
chosen to exercise their right to speak and assemble.

We now ask the courts, who have acted as the protectors
of the constitution and bill of rights, to fulfill their
historical duty and protect our bill of rights and save our
struggling democracy.

As citizens of Portland, we send a message to the world.

Democracy is worth the fight.

We, will resist and we will overcome.


DEMAND LETTER TENDERED TO THE CITY OF PORTLAND, MAYOR KATZ AND LAPD CHIEF--(oops, excuse me) PORTLAND CHIEF MARK KROEKER


September 5, 2002

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Mayor Vera Katz
1221 SW 4th Avenue, Suite 340
Portland, OR 97204-1995

Mark Kroeker, Chief of Police
Portland Police Bureau
1111 SW 2nd Avenue
Portland, OR 97204

Mark M. Stairiker, CPCU
Liability Claims Manager
Risk Management Division
City of Portland
1120 SW Fifth, Room 1012
Portland, OR 97204-1965



RE: Tort Claim Notice of Lloyd Marbet, Don Joughin, Corinna Andrews and
their children, Evelyn Moyo, Sunny Walters, and other yet unnamed
plaintiffs.
Date of Incident: August 22, 2002

Dear Mayor Vera Katz, Mark Kroeker, and Mark M. Stairiker, CPCU:

On August 22, 2002, Lloyd Marbet, Don Joughin, Corinna Andrews, their children,Evelyn Moyo, Sunny Walters, and other unnamed plaintiffs marched, demonstrated, and otherwise peacefully expressed their First Amendment rights during President Bush's visit to the Hilton Hotel in Portland. The plaintiffs were located generally in the downtown area, and specifically concentrated in the blocks near the police barricades on SW Salmon and Taylor Streets between 5th and 6th Avenues and the corner of 2nd Avenue and SW Alder Street. During an otherwise peaceful demonstration, police assaulted the plaintiffs and other families, children, and activists with pepper spray, rubber bullets, tear gas, batons, and other means that caused physical and emotional harm, and violated the protestors' civil rights under state and federal law.


This is a NOTICE OF TORT CLAIM FOR DAMAGES AND INJUNCTIVE RELIEF
against the City of Portland, Mayor Vera Katz, and Portland Police Chief Mark Kroeker for their responsibilities for their agents; and the police officers now named as John Does, for violation of civil rights laws and tort law. This notice is given in accordance with ORS 30.275.

We are in the process of investigating this matter. You will receive a demand letter at the conclusion of our investigation proceeded by the filing of a complaint in court if we deem your response inadequate.

Until further notice, all communications and correspondence concerning this matter should be directed to me at the above address.

Sincerely,


Alan Graf
Attorney at Law
Lead Counsel

Mark Kramer, esq.
Steven J.Sherlag, esq.
Aaron R. Vorhola, esq.
Stuart Sugarman, esq.
Gregor Kafoury and
Mark McDougal


cc: Lloyd Marbet
Don Jouhin
Corinna Andrews
Evelyn Moyo
Sunny Walters

phone: phone: 503-772-9989


they did report it 06.Sep.2002 15:29

running dog


photos from press conference 06.Sep.2002 23:22

deva


Is this for real? 07.Sep.2002 01:42

Jack

What a joke. This is a dog and pony show. And kids should never be brought into a protest that the protesters themselves have dubbed 'little Beruit " for obvious reasons.
Get a life and grow up Mr. Graf. The '60's are long gone.
While the rest of us work for a living, you are busy touting how you think things ought to be.
You are a disgrace. No one with an ounce of sense gives a rats ass about how you see the world. As far as the police accountabilty, twice now the petition that has been proposed for the ballot has fallen short of the number of signatures required to place it on the ballet. You might take that as a HINT.
Radical extremists had their time, and their time has passed, in light of current world events.
The number of folks at that protest were less that 1/2 of one percent of the population of Portland, something that you might also take as a HINT.
Smoke some weed and have a little pow-wow in a run down house in S.E. Portland, make a little noise, listen to KBOO and rant and rave all you want, but dont embarrass yourself in public anymore.
No one gives a big flying f&%k except your own lil band of misfits.
Life will go on, and I guarentee you, you will soon be forgotten.

Prop A Gand A 07.Sep.2002 01:54

Mikey

This clown, Mr. Graf, is nothing but a has been hippy left over and a terrorist in disguise in my opinion.

Thanks to you and your goon squad, Mr. Graf, for a hearty laugh.

Get a life first, then get a real job.

Maybe then someone will care about what you have to say.

If you only knew how utterly stupid you appear to most.

Cops are cranky 07.Sep.2002 08:47

Ocifer Detector

Oooooooo-weeee! Officer Jack and Officer Mikey are worried about police accountability!

COINTELPRO needs to hire better talent 07.Sep.2002 11:02

Jeff

After reading the comments by "Jack" and "Mikey," I can only conclude that Congress' budget-slashing has even been extended to Bush's new incarnation of COINTELPRO. I'd heard that the USA PATRIOT Act removed the restrictions that had made it illegal, but I never imagined that the new version would be this stoopid and sloppy. Just goes to show that you've got to be very careful about evaluating what you read on an open publishing site...

Clearly someone gives a flying f&@k 07.Sep.2002 13:58

WD-40

Jack:

If you're so confident that no one gives a flying f&$k about these complaints, why are you so upset?

I think those such as yourself who erotically embrace the ideology of the Empire are scared to the bone that the truth will set them free. The thought of true freedom is intolerable to those in spiritual bondage.


Mike:

By "a real job," I assume you mean that the only legitimate mode of existence is to whore yourself. Who do you whore yourself to?

I am a highly compensated whore. I sell a good portion of my life juice to a collection of "investors" who managed to accumulate some extra $$$ so they can rip off much of the value of my labor. I do this so that I can eat, clothe and shelter myself. Occasionally in my weaker moments I also buy crap which I have been brainwashed into thinking will make me more powerful, sexy or superior. It's the American Dream/Delusion.

But the difference between you and me is that I resent being a whore and I struggle to wrestle the world from the whoremonger masters. You, on the other hand, resist the recognition of your actual station in life, because I suspect that the truth of it would be too agonizing for you.

So, while you may or may not be getting paid to f&#k the left, you probably are a whore, but don't know it.

Comments about the comments 08.Sep.2002 18:04

Alan Graf

I was somewhat hesitant to respond to the negative comments on this page, but I believe accurate communication can change minds so here goes.

First, regarding the comments that I should get a job, or a real job. Well, I agree that many lawyers do things that are not really necessary or they just make things more complicated than they need to be. You won't get any argument from me there. However, you should know that some of what I do is represent disabled Vietnam Veterans and even every now and then Portland Police who were dumped by the government and hung out to dry without any means of supporting themselves. These folks come to me as their last resort and I feel honored to get to zealously work to get them money for their basis needs. If you don't think that is work, well what can I say.

Second, I bet we can agree on some basic things. We all breath air, right? We want our air to be pure enough so we only need gas masks for demonstrations and not for everyday living. For many years, large mega corporations have polluted our air so much that we now have major problems in terms of cancer rates and asthma and lung disease. I am sure we all don't want that to continue, yet George doesn't think there is a pollution problem. He refuses to sign the Kyoto treaty which is very mild in terms of restrictions. So, do you think it is ok to disagree with him over this issue without getting pepper sprayed??

How about pension funds and jobs. Does it make you mad that the CEO's that put George and Bill in power have robbed your pension plans blind along with putting many workers out of work, while they buy expensive mansions in Texas where they can hide behind the Texas bankruptcy laws.
Is it ok to disagree with those actions without getting hit over the head?

And how about our water? If you are old enough, do you remember the time that we could actually drink out of the faucet and not have to worry about the health risks. Hmmmm, does any of this bug you?


There is more-much more, but I have to say that after losing my grandparents to the Nazis, somewhat due to the fact that not many people said anything at that time, I now feel compelled to open up my mouth and say what needs to be said because I see great similarities between those times and what is happening now, especially in terms of suppressing dissent.

If you are a cop and are reading this, I want you to think about what was termed in the Nuremberg trials--the Eichmann defense: "I was just following orders." That defense didn't fly. Humanity in its most profound moment agreed that we all-individually and collectively have a responsibility to the rest of mankind, even if we would get fired or worse expressing those views.

I know that most cops are decent human beings and feel quite uncomfortable going after people the way that the A-22 protest went down. But not saying anything, not coming forward is the equivalent or your approval of these tactics.

It might be your kids who are in the streets next. Some things are worth more than protecting your right to go to Walmart.

Thinking is dangerous and that is what I am asking you to do. Not too much to ask for, is it?



Alan Graf