Lawsuit For Portland Protest Legal Observer Shot By Feds Filed Today (Photo) - 06/14/21

Lawsuit for Portland Protest Legal Observer Shot by Feds Filed Today

Attachments: Date-stamped Complaint, press release, photos taken by Legal Observer Sage Mist (1) Nate Haberman-Ducey moments before shooting and (2) hand/wrist fracture, both on July 19, 2020

Portland, Oregon— On July 19, 2020, Lewis & Clark Law School student and trained Legal Observer, Nate Haberman-Ducey, was targeted and shot by unidentified Federal agents with impact munitions from FN303 riot guns, while he was alone and walking his bicycle away from the Hatfield Courthouse. Today, a new case was filed in the US District Court of Oregon by civil rights group Portland Lawyers for Black Lives, to seek justice and accountability for Fourth Amendment and Excessive Force violations, deliberately perpetrated against him. As a result, Haberman-Ducey suffered a severe wrist fracture, burning by tear gas, and the anguish of having to end his work as a Legal Observer for fear of further harm to his broken hand from the threat of physical violence and uncontrolled exposure to tear gas.

In the wake of the violent response by law enforcement to the George Floyd protests in the summer of 2020, Haberman-Ducey felt called to put his privilege and legal education to use in defense of Black lives and became trained as a volunteer Legal Observer for the National Lawyers Guild.  Haberman-Ducey was taught to always wear the recognized neon-green, NLG-issued hat, and to generally keep his distance as he monitored and recorded the events unfolding around him. He felt compelled to witness and document the brutal treatment and unlawful arrests of constitutionally protected protesters and began observing protests in June 2020, using all trained precautions, to limit risk to his own personal safety. Like many other journalists and Legal Observers, Haberman-Ducey felt that by wearing identifiable attire, keeping a distance from any incidents, and behaving in a non-confrontational manner, he would remain safe from targeting.  He was wrong.  Earlier that evening, federal agents also shot Legal Observer James Comstock in the hand while he stood with his back against a wall, taking notes on his phone, posing no threat to anyone.

“I’m honestly still blown away with how far the Feds and state were willing to take it. It was not uncommon to see a couple people touch a fence and for thousands of people to be gassed by the police or Federal agents in return,” explains Haberman-Ducey, “The terrifying and eruptive focus on violence and punishment to display their power was truly shocking. And that says a lot about my privilege. I understand this is what communities of color have experienced as everyday reality.”

Fellow Lewis & Clark Law School student and Legal Observer, Sage Mist, witnessed the shooting and snapped a photo of Haberman-Ducey in a calm stance with both hands on his bicycle handlebars just before Federal agents took aim at him.

“He was so clearly the only one around and there was this quiet moment of pause until they were suddenly pointing their scopes at him” said Mist, “I can’t say I’m shocked, but I’m still angry about the needlessness of it all.  We witnessed so much singled-out violence, away from crowds.  We had a false sense of security, of feeling protected, because we could be identified as NLG observers.”

Mist remembers running to Haberman-Ducey as he started to walk away in shock. She remembers him seeming disoriented while saying that he might pass out or throw up.  Once out of the line of fire, he was taken to the emergency room.  In the months to follow, Mist tried to encourage Haberman-Ducey to come back out to continue their work monitoring protests, but the trauma was too much for both his physical and mental health.

“As a law student, Nate put his own safety on the line trying to say ‘We are watching’ in the face of a deliberate and purposeful abuse of power, manifested in a militarized response to Black Lives Matter protests,” says Portland attorney Jane Moisan. “Without cause, warning, or any perceived threat, he was targeted, shot and seriously injured. It’s our job to continue to hold law enforcement accountable.”

The Portland Lawyers for Black Lives: Michelle Burrows, Gabriel Chase, Nadia Dahab, Erious Johnson, Jr., Christopher Larsen, Jane Moisan, David Park, Joe Piucci, and David Sugerman.