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NEWS: Lowery Civil Rights Lawsuit in Federal Court Monday

Friends: The civil trial of "Lowery, Marsall v the City of Portland" (#01-1014-ST) heads to court this coming Monday, September 22 at 9 AM in Judge Stewart's courtroom (Federal courthouse room 10B).
For those of you who aren't familiar with the case of Damon Lowery, we have included a story from People's Police Report #21 (August 2000) below. Damon died in police custody in December, 1999---
--yet his case was not included in the recent shootings and deaths in custody report by the Police Assessment Resource Center (PARC). (This omission is particularly unsettling since the report claimed that "At the time PARC began its review in the fall of 2002, all of the officer-involved shooting and in-custody death incidents that occurred in the three-and-one-half-year period ending June 30,2000 met the "closed" case criteria.")

As far as I know the hearing is open to the public, it just means being run through security on the way into the courthouse.

---dan handelman
Portland Cowpatch

People's Police Report Updates: August 2000

Damon Lowery's Family Seeks Justice

In PPR #20, we briefly reported on a young man, Damon Lowery, who in December 1999 jumped out a window, then was shot by lead-pellet-bag guns and pepper sprayed by police, and died.

Since then, we've learned a lot more about the case: Lowery had 80% hearing loss and was probably not able to hear most of the police commands; police admit they beat on him when he refused to comply with their commands; and one of the "beanbags" was
fired from a shotgun directly at Lowery's crotch from close range.
(The manufacturer of Portland's "less-lethal" bags, MK Ballistics, told Copwatch that the bags are "not used" from closer than 10 feet
because of their "potential to cause an injury"; in May, Chief Kroeker said the PPB considers use of the bags from under 10 feet to be lethal force.)

After he had been injured and pepper sprayed, Lowery was strapped face down to a gurney, which may have ultimately
caused his death.

Damon's parents have not given up in seeking justice in this case, even though the officers were not indicted with a
criminal charge. To contact them, email his mother at <old email deleted> or his father at <another old email deleted>.

U.S. District Court
District of Oregon (Portland)

Marsall et al v. City of Portland et al
Assigned to: Magistrate Judge Janice M. Stewart
Dkt# in other court: 01-00004-00640-7
Cause: 42:1983 Civil Rights Act
Date Filed: 07/02/01
Jury Demand: Plaintiff
Nature of Suit: 440
Jurisdiction: Federal Question

Carol A Marsall, as Personal Representative of
the Estate of Damon Ivan
Lowery, and in her individual capacity
represented by Edwin S. Budge,
Erik J. Heipt, Joseph A. Grube, M. Christian
Ralph H. Lowery, individually represented by
Edwin S. Budge, Erik J.
Heipt, Joseph A. Grube, M. Christian Bottoms.


City of Portland, a municipal corporation
represented by Mary T. Danford
City Attorney's Office.
Representing: Brett Livingston, Richard
Holthausen, Joshua Ladd, Shane
Nicholson, John Clinton, Chad Gradwahl, Jon

Filing Date # Docket Text
07/02/2001 1 Complaint against City of Portland,
John Clinton, Jon Dalberg,
Chad Gradwahl, Richard Holthausen, Joshua Ladd,
Brett Livingston, Shane
Nicholson. (Violation of Civil Rights); Demand
for Jury Trial; Filing Fee
collected. Receipt #: 438383 issued. Filed by
Ralph H. Lowery, Carol A Marsall
(Wright, Kathi) (Entered: 07/03/2001)