Parents of Oregon Security Guard Seek $35 Million Damages from Legacy Good Samaritan Hospital
The parents of an unarmed security guard shot dead by a gunman, with a history of arrests, at the Legacy Good Samaritan Hospital in Portland in July 2023 are suing the medical facility for $35 million.
Nothing Can Bring Him Back
Walter and Tammy Smallwood, who are suing for non-economic and monetary damages, said in a statement that while nothing could bring back their son, they will not stop fighting ‘until Legacy is held responsible for what they took from our family.’
Bobby Smallwood (44) was gunned down and killed as he stood between the gunman and maternity patients and staff by PoniaX Calles, who had changed his name from Reginald Kane Jackson. Calles (33) had a string of prior arrests on allegations of assault, trespassing, and disorderly conduct.
Hospital Could Have Prevented the Tragedy
In the lawsuit lodged on Tuesday, the Smallwoods say that Legacy Good Samaritan Hospital could have prevented the tragedy if it had heeded five earlier complaints by staff members against the shooter.
In one of the incidents on July 19, Calles allegedly threatened to hit a nurse, saying: ‘…someone is going to get killed around here.’ He had accompanied his partner to the hospital.
According to the office of attorney Tom D’Amore, Legacy’s policy prohibiting workplace violence should have resulted in Calles’s immediate eviction from the premises. However, administrators responded with ‘support options’ via email, according to the lawsuit.
On July 22, nurses had resolved to have Calles removed from the hospital. According to the lawsuit, Smallwood was instructed to be on standby in the hallway while hospital security staff searched the room occupied by Calles’s partner. They found several guns and ammunition.
The lawsuit alleges that security staff failed to inform Smallwood of the results or that they had learned that Calles had another gun in his possession for 40 minutes after the search.
A ‘Code Silver’ could have been announced to warn everyone in the hospital that a potential shooting threat existed. Instead, Calles fired at Smallwood, killing him with a bullet in the neck.
Suspect Shot and Killed by Police
Calles fled from the hospital and was shot and killed by police officers in Gresham.
In the lawsuit lodged on Tuesday, the hospital is accused of ‘repeated failure to follow their safety protocols,’ leading directly to the ‘tragic and preventable death’ of the 6ft 5in unarmed security guard.
‘Legacy allowed a dangerous individual to remain on the premises for three days until those threats escalated to violence,’ D’Amore continued.
A few days after the shooting, the Legacy Health network said metal detectors would be installed at all network hospital entrances. Further measures would include arming security officers with stun guns and introducing bag searches.