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Portland Police Brutality Collins Complaint

Portland Police Brutality Collins Complaint

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Published by mary eng
City to Pay Out $110,000 for Police Beating at Nightclub
POSTED BY DENIS C. THERIAULT ON FRI, JUL 25, 2014 AT 3:49 PM
Daniel Collins, a 21-year-old college student at the time, has always maintained he was merely trying to leave Old Town's Barracuda nightclub soon after a melee broke out on Christmas Eve 2010, bringing in a bunch of cops who immediately set about trying to break things up.

And Collins might have made it out if he hadn't run into four of those officers: Darrell Shaw, Matthew Delenikos, Gregory Burn, and David Abrahamson.

Court documents all agree he was put on the ground, kneed on his lower body, and hit with a Taser. They agree he was unarmed. They also agree he was taken to OHSU, where he was cited for interfering with a police officer and resisting arrest. And they agree those charges were never pursued by prosecutors.

Of course those documents don't agree on every detail. Collins, in suing the police bureau and the officers in June 2012, also said (pdf) he was punched in the face and kicked and Tasered several times, and that he hadn't been doing anything wrong when the four officers grabbed him. The city, in turn, argued (pdf) he was kicking and hiding his hands, that he had committed "crimes," and that he'd been trying to interfere with another person's arrest.

But city officials clearly felt Collins' version of events would resonate with a judge or jury. And this Wednesday, more than two years after he first filed suit, the Portland City Council is expected to give him a $110,000 payout for his pain and suffering.
City to Pay Out $110,000 for Police Beating at Nightclub
POSTED BY DENIS C. THERIAULT ON FRI, JUL 25, 2014 AT 3:49 PM
Daniel Collins, a 21-year-old college student at the time, has always maintained he was merely trying to leave Old Town's Barracuda nightclub soon after a melee broke out on Christmas Eve 2010, bringing in a bunch of cops who immediately set about trying to break things up.

And Collins might have made it out if he hadn't run into four of those officers: Darrell Shaw, Matthew Delenikos, Gregory Burn, and David Abrahamson.

Court documents all agree he was put on the ground, kneed on his lower body, and hit with a Taser. They agree he was unarmed. They also agree he was taken to OHSU, where he was cited for interfering with a police officer and resisting arrest. And they agree those charges were never pursued by prosecutors.

Of course those documents don't agree on every detail. Collins, in suing the police bureau and the officers in June 2012, also said (pdf) he was punched in the face and kicked and Tasered several times, and that he hadn't been doing anything wrong when the four officers grabbed him. The city, in turn, argued (pdf) he was kicking and hiding his hands, that he had committed "crimes," and that he'd been trying to interfere with another person's arrest.

But city officials clearly felt Collins' version of events would resonate with a judge or jury. And this Wednesday, more than two years after he first filed suit, the Portland City Council is expected to give him a $110,000 payout for his pain and suffering.

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Published by: mary eng on Jul 26, 2014
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Page 1 COMPLAINT
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
MATTHEW MCHENRY  Attorney at Law LEVINE & MCHENRY LLC 1001 SW Fifth Avenue, Suite 1414 Portland, OR 97204 Tel: 503.546.3927 Fax: 503.224.3203
 
Matthew G. McHenry, OSB No. 04357
matthew@levinemchenry.com 
Levine & McHenry LLC
1001 SW Fifth Avenue, Suite 1414 Portland, OR 97204 Telephone: 503.546.3927 Fax: 503.224.3203 Of Attorneys for Plaintiff Daniel Collins
 
UNITED STATES DISTRICT COURT DISTRICT OF OREGON DANIEL COLLINS Plaintiff, vs. CITY OF PORTLAND, a municipal corporation, DARRELL SHAW, an individual, MATTHEW DELENIKOS, an individual, GREGORY BURN, an individual, DAVID ABRAHAMSON, an individual Defendants. ) ) ) ) ) ) ) ) ) ) ) Civil Case No.
3:12-cv-01120
AMENDED COMPLAINT FOR VIOLATION OF CIVIL RIGHTS, ASSAULT, BATTERY, FALSE IMPRISONMENT, NEGLIGENCE Plaintiff alleges:
INTRODUCTION
1. This action is brought on behalf of plaintiff Daniel Collins, pursuant to the Civil Rights Act, 42 U.S.C. § 1983 and various state law tort claims.
Case 3:12-cv-01120-KI Document 2 Filed 06/22/12 Page 1 of 13
 
 
Page 2 COMPLAINT
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
MATTHEW MCHENRY  Attorney at Law LEVINE & MCHENRY LLC 1001 SW Fifth Avenue, Suite 1414 Portland, OR 97204 Tel: 503.546.3927 Fax: 503.224.3203
 
JURISDICTION
2. Jurisdiction is conferred on this court by 28 U.S.C. § 1331 and 1343, Federal Question Jurisdiction. 3. Venue is proper in this District Court, because the events which gave rise to Plaintiff’s claim occurred within this district.
THE PARTIES
4. Plaintiff Daniel Collins is an individual who is now, and at all relevant times has been, residing in Multnomah County, Oregon, and the cause of action arose in Multnomah County, Oregon. 5. Defendant City of Portland is now, and at all relevant times has been, a municipality duly incorporated under the laws of the State of Oregon. 6. Defendant Darrell Shaw is now, and at all relevant times has been, a police officer working under color of law for the Portland Police Bureau, and employed by Defendant City of Portland.
Case 3:12-cv-01120-KI Document 2 Filed 06/22/12 Page 2 of 13
 
 
Page 3 COMPLAINT
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
MATTHEW MCHENRY  Attorney at Law LEVINE & MCHENRY LLC 1001 SW Fifth Avenue, Suite 1414 Portland, OR 97204 Tel: 503.546.3927 Fax: 503.224.3203
 
7. Defendant Matthew Delenikos is now, and at all relevant times has been, a police officer working under color of law for the Portland Police Bureau, and employed by Defendant City of Portland. 8. Defendant Gregory Burn is now, and at all relevant times has been, a police officer working under color of law for the Portland Police Bureau, and employed by Defendant City of Portland. 9. Defendant David Abrahamson is now, and at all relevant times has been, a police officer working under color of law for the Portland Police Bureau, and employed by Defendant City of Portland.
FACTS
10. On December 24, 2010, plaintiff Collins was at the Barracuda nightclub, a business establishment that was operating in downtown Portland, Oregon. 11. On December 24, 2010, members of the Portland Police Bureau were called to the Barracuda in response to a physical altercation between patrons of the business. Defendants Darrell Shaw, Matthew Delenikos, Gregory Burn, and David Abrahamson responded in their official capacities as police officers.
Case 3:12-cv-01120-KI Document 2 Filed 06/22/12 Page 3 of 13

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