Will the fedaral courts be protect the rights of residents whose lives have been upended by the routine and unnecessary use of chemical weapons deployed by federal agents against peaceful protesters on the street outside their building?
A lawsuit filed last week against the Department of Homeland Security and other agencies and officials by the management company and several residents of an apartment building across the street from Porland, Oregon’s ICE detention center alleges the indiscriminant use of tear gas, smoke grenades, pepper balls, and other chemical agents in a “cavalier manner” has deprived the building’s residents of their basic rights to “life, liberty, and property.”
The problem, according to the plaintiffs, is that the chemical agents deployed against lawful protests outside the ICE facility enter their residences across the street and have created health issues and related problems for those living there.
Gray’s Landing is six-story nonprofit building with over 200 affordable apartments for households earning 60% of median family income, with 42 units targed to veterans. The lawsuit was filed on behalf of Reach Development, the company that manages the building; Reach B49 Partners L.P.; and several residents.
The complaint alleges “officers use these weapons without regard to crowd size, to the presence or absence of violence, or to basic safety….Defendants appear to have used these chemical munitions at times, not to address any real danger, but to put on a show for conservative “influencers” whom Defendants invited to the ICE facility to film the protests for propaganda purposes.”
“During a trial on the Trump administration’s attempt to deploy National Guard troops to the ICE facility, Portland police supervisors testified that they witnessed federal officers using disparate and unnecessary force by firing tear gas, pepper balls and other less-lethal munitions at largely non-violent protesters after federal officers already had pushed protesters away from obstructing the building’s driveway,” according to the Oregonian newspaper and its website, OregonLive.com.
The 44-page complaint was filed in Federal District Court for the District of Oregon.
The full complaint appears below.