Did not look like anything to be making a federal case out of to me.

Sources are telling me that the DA was willing to drop the charges...the cop didn't show up in court. What was he eventually convicted of?

Some guy, what you are suffering from is an affliction known as "de-sensitization." Consult your physician. Or maybe just try to have a little sympathy for your fellow man.

Terrence,

The video surely did not match the level of the lawyer's rhetoric (or the money she is asking for), in my personal opinion.

And as far as me being desensitized, maybe you are over-sensitized. People get punched in the face all the time. That does not make it right, but...

This should be on the homepage, Merc. You were credited in the late news, but nobody new to the Merc's site would know where to find it.

Nevermind, I now see that it is, though you could make the breaking news banner red and/or include a photo so it's at least as prominent as the other stories.

KGW had CW Jensen say this was not excessive. Kicking and punching a man who is already immobilized is not excessive? Kicking and punching does not further restrain anyone. The reporter seemed to indicate that Jensen believed the officers were intentionally crippling the man so that he wouldn't be as much of a danger in jail, though we didn't hear CW say that himself. That would be disgusting if true. We didn't hear Jensen back up Hathaway's allegation that Evans first punched him in the nose, either. The reporter said CW believed our untrained eyes couldn't see how much Evans was resisting, which I suppose is what justified bloodying up the guy.

By the way, "Some guy" is right, the lawyer's crazy for proposing PPD pay to avoid trial. What kind of a risk is a trial? If anyone's new to town, I'll happily give you 1000:1 odds that Hathaway's convicted of anything. Surely Evans could have died in the incident without any penalties.

I will gladly and willingly get beaten up for $360K.

Anyone offering?!?

Dan, the difference is, you're asking to be beaten up. Evans was not.

And now he's cashing in. It's the American way. We don't want justice, we want cash!

Hell yeah! Somebody's about to get PAID.

Steve: it's standard practice, after filing a tort claim, to send a demand letter, followed up by a suit. The lawyer's just following accepted procedure.

I know Steve, and I (did) emphasize with the fact that this man unfortunately was the receiving end of an excessive use of force by the police.

However, at the same time, it just sickens me that the inevitable response is a lawsuit demanding insane amounts of cash.

Orf is right, this isn't even REMOTELY about justice, it's all about the $$.

I might of had sympathy for Evans had he gone about this in a different way. Now, it's just obvious he's just another fat lazy American looking to get rich for nothing.

Legality is the key. Did anyone break the law? More importantly, does the city of Portland have a body capable to seeing to it that these cops' actions are held under the scrutiny of the law? They are payed to protect and serve and they are to obey the law just like you and I and most others in the city do every day.

Discussion continues...

http://blogtown.portlandmercury.com/2007/07/former_rentacop_boss_beating_n.php

This actions by law enforcement reveal the urgent need to have a civilian-controlled oversight system that is truly independent of the Police Bureau. The current system -- ironically named the "Independent" Police Review division -- has not sustained a single complaint of excessive force since its inception in 2001. The result: officers are much more likely to act with impunity. One likely reason? Investigations are conducted by the Internal Affairs Division - in other words, cops are investigating cops. We need to get the fox out of the henhouse. We must demand that investigations be conducted by professionals without conflicts of interest. No cops investigating cops! For more information about the IPR, visit nwcrc.org

Maybe this guy should've cooperated in the first place and or taken the steps necessary to not be placed in prison to begin with. Just a thought.

Yeah, Yeah. Perhaps he should just be executed, right?

some guy - a "Federal case" is *exactly* how you claim police brutality, since what is being alleged is violations of the Fourth Amendment through use of excessive force.

The "lawyer's rhetoric" is called *pleading your case*. Obviously, the claimant's lawyer is going to argue her client's case as strongly as possible, and the cops are going to say that everything they did is all right - hey, even shooting unarmed people is fine with the cops!

To Steve in #7: That's pretty much what every cop says - "Who are you going to believe, me or your lying eyes?" What can't be seen is what's happening in the dogpile, what kinds of blows or pain compliance holds the cops are using. What people *can* see are the two big roundhouse rights on a pinned man.

Orf in #11: Since there's no chance that the cops or deputies will be disciplined, cash is the only thing that seems to mean justice now.

Matt Davis in #13: Yep. And lawyers always demand much more than they're willing to settle the case for. The case isn't going to settle for $360K.

And NWCRC in #17: Alex, are you wearing your bike helmet?

The State of Oregon gets 70% of the punitive ifit goes to court

Oh, please. The guy refused orders, clearly pushed the guard, and then kept bucking and kicking on the floor. All he had to do was lie still. Or not have pushed the guard. Or no refused to give his fingerprints. Or not have assaulted someone. Again. Don't you see how that chain of actions can't possibly have resulted in anyt other outcome?

Just look at how bored and calm everyone looks. There's no excited "Oh shit we're sure not supposed to be doing THIS!" here. It's just another violent criminal who's stupid enough to fight even though he's got six guys on top of him.

The guards did exactly what they were supposed to do, there's no crime here - no matter how much crying for money this felon does. History of multiple assaults, right?

Any excitement about this vid is a knee-jerk "I hate the cops!" reaction (I'm looking at you Aaron, V). But this one is a non-issue, so all anyone is doing is wasting their crediblity and time. Save it for real problems.

Barry - no matter what you say happened, the cops are still required to abide by the Fourth Amendment by not using excessive force. And I doubt you can justify that guy whaling away with the roundhouses. He's obviously getting his free shots in, not using force according to police standards.

Go back to Idaho, Barry you cop-hugging conservapuke.

With all the complaining, why dont more people try to join the police force and work from within the system to create change? The whining gets really old and too many people do not know what they are talking about. I am not defending unethical or illegal police behavior, but there are too many armchair quarterbacks in Portland when it comes to criticising the police.

two sided pancake - Have you ever heard of the phrase "Blue Wall"?

A number of idealistic people do join the police force...and they're cowed into silence by peer pressure and bad apples in the department.

This might be a challenge for some of the younger Mercury readers with liberal ideals....why *not* join the police department and use Oregon's famous passive-aggressiveness to reform it...simply *not* whale on suspects merely because you think you can get away with it, and enforce the laws in a fair and evenhanded manner?

Most of you have no idea what you are talking about. Look at how many times he took his hands off the counter after being told not to remove them. Most of the blood was from the Deputies nose after he was struck from the inmates elbow. Notice he goes to a sink directly after the inmate is in the cell. If he was trying to comply, why did it take him so long to pull his hands out from under himself with people pulling on them and giving him orders to do it. Because he wasn't trying to do as ordered. After his elbow hit the Deputies nose what should they have said, OH never mind just do what you want or we will get sued. Think people, get educated about the oregon laws. Oh and by the way what would a REASONABLE person do when given instruction while going to jail.

smarter than some, you need your eyes checked. Mr Evans elbow did not come within 4 inches of the Deputies nose. And if it did it was during the time the Deputy had control of his arm, so the Deputy in reality hit himself