Legal Suit Against the City of Portland
author: Alan Graf
 e-mail: a-22-law@aracnet.com
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Notice of Intent to Sue Filed with the City of Portland--Witnesses and Evidence Needed
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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.
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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
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phone: 503-772-9989
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