Oregon Man Injured In The 2020 Protests Settles Claim Against US Justice Department

Donovan LaBella, 30, was struck in the head by a  “less lethal” impact munition fired by a deputy U.S. marshall while peacefully protesting outside the federal courthouse in Portland on July 11, 2020.

The protest was held against police violence and racism following the murder of George Floyd by an officer in Minneapolis. LaBella suffered permanent brain damage as a result of the injury.

Donovan LaBella Claims Against Justice Department

LaBella, who was 26 at the time, was injured as he held a speaker playing music over his head. Captured on video, the incident was shared widely on social media and covered by news organizations extensively.

LaBella was shot in the head and suffered a frontal lobe skull fracture during the 2020 Portland protests. Before being released two weeks later, he still had cognitive problems and struggled with impulse control, according to his mother.

Since the incident, LaBella has undergone numerous surgeries, and in the 2021 lawsuit filed on his behalf, the Plaintiff claimed the permanent injury was equated to a frontal lobotomy by medical professionals,  which affects higher brain functioning, such as language, social behavior, planning, and motivation.

The federal government said in its first account of events earlier this year in court filings that the U.S. marshal used “reasonable and privileged” force, arguing that the officer, identified in court documents as John Doe 1, didn’t aim for LaBella’s head.

It alleged that the gas mask worn by the officer made it hard to aim the launcher when the munition was fired. While the officer aimed for the abdomen, the round stuck him in the head as he did not obtain a good ‘cheek weld’ to align his eye along the barrel to the sight.

Justice Department Settles Portland Protester’s Damages Claim

An agreement in principle has been reached to settle the case scheduled to go to trial next month, including an initial cash payment and an income stream for the next 40 years. However, an amount has not been specified.

As a state court judge must review it, the proposed settlement could be delayed.

The parties are working to get the deal approved before President Biden’s term ends when high-level U.S. Department of Justice officials at the leave office.

Senior U.S. District Court Judge Michael Mosman was told by attorneys for the U.S. Department of Justice’s Civil Division that the deal could take months to finalize, potentially stretching beyond the end of the Biden administration as it requires sign-offs at some of the highest levels of the agency, a requirement for settlements over $4 million.

The attorneys also set out their plan to get the agreement approved after Biden’s political appointees are no longer in office.

Stephen Terrell, a Justice Department attorney, said, “If it’s pretty much a done deal, the incoming administration will respect the deal.” Mosman postponed next month’s trial and scheduled the next hearing for mid-February.