Prisoners Claim They Were Left Choking on Tear Gas as Multnomah County Officials Ignored Pleas

MULTNOMAH COUNTY, Ore. — U.S. Magistrate Judge Stacie F. Beckerman has ruled in favor of a class-action lawsuit claiming that Multnomah County, the former sheriff, and two former corrections officers failed to protect prisoners subjected to tear gas during the 2020 protests.

Judge Beckerman dismissed a motion from Multnomah County to dismiss the case against it, the former Sheriff Mike Reese, the chief corrections deputy, and a jail commander.

The judge found that none of them was entitled to qualified immunity from potential liability. (Qualified immunity is a rule that protects public officials, including police officers, from being personally sued for actions taken while performing their duties, unless they infringe on the rights that the law or Constitution clarified.

Judge Rules That a Trial Proceed After Complaints by Prisoners Choking on Tear Gas Were Ignored

She has recommended that a trial proceed because the accused ignored complaints from the prisoners that they were choking and unable to breathe from exposure to tear gas for more than a month.

The judge said there was evidence that the prisoners were begging for help as the tear gas seeped into the Multnomah County Detention Center (MCDC).

Other complaints by the prisoners were that when their jail scrubs and blankets were contaminated by tear gas, they were denied clean clothes, linens, blankets, and more frequent showers. This could be assessed as reckless disregard, according to the judge.

Counsel for Multnomah County, Christopher Gilmore, argued that the COVID-19 pandemic  and safety considerations for the prisoners in the midst of racial injustice protests were factors that prevented an evacuation of the MCDC.

The argument was backed up by Sheriff Reese, who said his team decided against the evacuation of the prisoners based on outside threats. He said protesters were trying to gain access to the prison, to gain control, or to destroy the premises, according to a sworn deposition.

Judge Beckerman’s preliminary findings will now be assessed by U.S. District Judge Karin J. Immergut for adoption or alteration.