On the night following July 18, 2020, a group of federal police officers exited the U.S. courthouse in downtown Portland and approached the protesters standing nearby.
Introduction
The city of Portland, Oregon, witnessed daily demonstrations for racial justice following the death of George Floyd in Minneapolis, and federal authorities responded to sporadic violence by increasing the number of law enforcement personnel. That night, Chris David, a former Navy veteran, decided to attend the protest after observing an increase in federal police officers under the direction of former President Donald Trump. At the demonstration, David confronted four officers wearing riot gear and carrying weapons, asking them why they were violating their oath to the Constitution. David did not receive a clear answer; instead, he was struck with a baton and had tear gas sprayed in his face. Following this incident, David filed a lawsuit against the individual officers whom he accused of violating his constitutional rights.
Legal Consequences
Three years after the protests, no federal officer on the streets of Portland at that time has been held individually accountable for alleged constitutional violations. In fact, courts have been unable to determine whether constitutional violations have occurred thus far. This is due to the intervention of the Supreme Court, which created an environment of unaccountability allowing federal officials to constitutionally violate individuals’ rights without any repercussions.
Impact of the Judicial Decision
Data from NBC News indicated that in the year following the ruling in the case of Egbert v. Boule, plaintiffs lost in numerous cases involving federal agencies, including several cases unrelated to borders or immigration. In many instances, judges cited the decision in denying claims brought under the Bivens doctrine.
Impact on Detainees
The cases brought by federal detainees were significantly affected by the judicial ruling in the Egbert case. Of the 228 cases identified by NBC News that referenced the ruling in the year following its issuance, 142 cases involved claims from federal detainees, and prison authorities won in 123 of those cases. The cases related to claims made by detainees included treatment of inmates during the COVID-19 pandemic, including one case rejected regarding a lack of necessary medical treatment for an incarcerated individual.
Impact on Victims
Many protesters who have accused federal police officers of excessive force face legal and daily difficulties. However, no federal officer on the streets of Portland at that time has been held individually accountable for alleged constitutional violations. This means there has been no assessment of whether constitutional violations actually occurred.
Conclusion
The legal ramifications of the judicial ruling in the Egbert case suggest that federal officials can constitutionally violate individuals’ rights without any consequences. This raises concerns among protesters and attorneys who believe there should be individual accountability for officers’ actions. Currently, protesters in Portland are struggling to pursue their constitutional cases and obtain compensation from the federal government.
Source: https://www.aol.com/portland-protesters-were-beaten-shot-110000997.html
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