Portland Hotel Worker Wins Case After Border Agent Pointed Gun at Him Over a Clogged Toilet
PORTLAND, Ore. — A judge has ruled in favor of a Portland hotel maintenance worker seeking damages after a U.S. Customs and Border Protection agent, wearing a sweatshirt with a ‘hoodie’ over his head, pointed a handgun at his chest when he knocked on the hotel room door in response to a request to unblock a faulty toilet.
Damages Will Not Exceed $1 Million
U.S. District Judge Adrienne Nelson will determine damages at a future hearing, but is limited to granting a maximum of $1 million in this case.
Christopher Frison, a chief maintenance engineer at the hotel, arrived at Room 428 at the Residence Inn by Marriott in North Portland at 5 p.m. on July 27, 2020.
His court testimony is that he knocked on the door several times, called out his name, and that he was from maintenance. Frison said he was holding a plunger.
According to the hotel worker, Agent Joshua Jones swung open the door and, reaching behind his back, suddenly pointed a handgun to his chest.
The Phoenix-based agent was in Portland as help guard federal buildings in the city during the unrest that erupted after the police killing of George Floyd in Minneapolis.
Frison said he shouted out, asking Jones about his actions and what was happening.
In Judge Nelson’s written opinion, released on Tuesday, she said Frison’s lawyers did not have to prove that Jones intended to shoot or physically harm their client, nor did it matter if the handgun was loaded.
Nelson said it was clear that Jones’ intention was to place Frison in fear of harm. The judge found that the evidence was sufficient to establish Jones’ liability for civil assault.
During his testimony, Jones said he could not remember if his handgun was loaded, and he also conceded to giving conflicting testimony.
This week’s ruling by Judge Nelson follows a bench trial in the Portland federal court in May.