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PORTLAND, Ore. — Apartment dwellers living next door to the Immigration and Customs Enforcement (ICE) detention center in South Portland have won a preliminary injunction to stop federal agents from using tear gas as a crowd control measure.
The lawsuit against the federal government was filed by residents of Gray’s Landing and its property owners. Their lawsuit stated that whenever ICE agents deployed chemical munitions (tear gas), it seeped into their apartments and caused health issues.
Tidings Data Snapshot
Gray’s Landing and the court orderSource: REACH Gray’s Landing property pages and U.S. District Court preliminary injunction order in REACH v DHSDailyTidings.com
The lawsuit appealed to a judge to restrict the use of tear gas to protect the safety and health of Gray’s Landing residents.
Another Resident Was Struck by Rubber Bullets
The lawsuit also stated that another plaintiff had been struck by rubber bullets while walking home to her apartment.
U.S. District Judge Amy Baggio granted the request for a preliminary injunction prohibiting the use of chemical munitions likely to impact Gray’s Landing.
Judge Baggio ruled that the only time ICE can discharge tear gas is if there is an imminent threat to life.
According to the judge, federal agents have displayed deliberate indifference in their use of chemical munitions.
The judge also pointed out that federal agents have used tear gas in larger quantities than that advised in use-of-force manuals.
Judge Baggio will issue a final ruling on Monday.
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