Portland Man Shot by U.S. Deputy Marshal During 2020 Protests Secures $7.65 Million Settlement for Lifelong Brain Injuries
PORTLAND, Ore. — The young man who suffered permanent brain damage after he was shot in the face by a U.S. Deputy Marshal during the 2020 George Floyd protests in downtown Portland, has been granted a $7.65 million federal government payout.
Donavan La Bella, who was 26 years old then, will receive a monthly payment of $6,480.63 and an annual 4% cost of living increase through a conservator.
According to the settlement, La Bella will be paid an additional $950,000 to support a reversionary medical trust – should he die before the 40-year annuity matures, the trust payment will revert to the federal government.
He Was Shot in the Face with a Munition Canister
La Bella was shot in the face and knocked to the ground by a munition canister while standing across the street from the Portland federal courthouse, holding a music speaker above his head.
The incident occurred after a gas canister was thrown toward the protestors in Third Avenue and La Bella picked it up and tossed it ‘under-hand’ into the middle of the street, far from any of the assembled officers.
The blood on an impact baton munition recovered at the scene matched La Bella’s DNA.
Evidence was that the baton is made with a hard plastic resin tip intended to cause blunt impact when fired. The manufacturers warn that impacts on the spine, throat, neck, and head can cause serious injury or death.
Underwent Multiple Operations and Suffers from Behavioral Problems
According to his lawyers La Bella, who is now 30, underwent several operations and suffers personality and behavioral changes.
He suffers from mood swings, confusion, decreased impulse control, memory loss, and an inability to understand. He also suffers from impaired judgment, headaches, severe cognitive dysfunction, and loss of balance and coordination.
A Portland neurosurgeon, Dr. Richard Polin, examined La Bella on his release from the hospital and found that he suffered bilateral frontal lobe injuries caused by the concussion blast when the munition canister penetrated his frontal sinus and brain.
He also suffered a secondary injury from a brain abscess and spinal fluid leakage.
Dr. Polin said La Bella was unable to obtain meaningful employment because of his injuries and would need help to manage his finances to secure housing, food, and other services..
La Bella lived on the street in a tent after his release from hospital. He then moved to a motel when a conservator was appointed to assist him find an apartment, buy food, obtain medical benefits, and apply for state housing assistance and Social Security benefits, according to court records.
The identity of the deputy marshal has not been disclosed, nor has it been revealed if he faced any disciplinary action or internal sanctions.
However, it has been established that the Justice Department’s Office of Inspector General did conduct a criminal investigation and did not pursue any charges against the deputy marshal.