A protester, whose injury left him permanently disabled during the 2020 protests and civil unrest in Portland, will receive a $7.65 million settlement from the U.S. Department of Justice.
A deputy U.S. Marshal shot Donavan LaBella in the head with a less-than-lethal munition outside the federal courthouse in downtown Portland on July 11, 2020. The incident has left LaBella, who at the time was 26, with a condition known as frontal lobe syndrome, which affects brain functioning processes like social behavior and language.
Attorneys with the U.S. Department of Justice who represented the officer blamed the chaos of that evening and said the deputy marshal – identified only as John Doe 1 – used “reasonable and privileged” force and blamed the incident on the gas mask the officer wore, and argued that it made it difficult to aim the launcher when the officer fired at LaBella.
Donavan LaBella, 26, was shot in the head by a U.S. Marshal and suffered a frontal lobe skull fracture during protests against racism and police violence in Portland. Two weeks later, before being released from the hospital, his mom said he still has cognitive problems and struggles with impulse control.
Courtesy of the family
“Unfortunately, the impact round did not strike Mr. LaBella in the abdomen, where John Doe 1 had aimed,” attorneys for the U.S. Justice Department wrote in a court filing last year. “Instead, it struck him in the head.”
John Doe 1 was one of hundreds who deployed to Portland during the summer of 2020. The officer, who served as a member of the agency’s Special Operations Group, was trained on how to use less-than-lethal devices, according to the Justice Department’s attorneys.
Federal officers fired a gas grenade towards protesters, which the deputy marshal saw LaBella throw back in their direction, the government’s attorneys stated. The deputy marshal said they were aiming at LaBella’s abdomen and saw him fall to the ground after firing.
The incident marked one of several turning points in the city’s more than 100 continuous nights of protest and civil unrest, escalating violence between police and protesters.
Police use tear gas and impact munitions to disperse protesters in downtown Portland during 4th of July demonstrations against systemic racism and police violence.
Jonathan Levinson / OPB
The settlement was agreed to in principle in November but didn’t include specific terms or figures, at least publicly. It was made official on Feb. 7, according to the signed agreement.
Under the terms outlined in court documents, LaBella’s $7.65 million settlement breaks down to an initial $3.5 million payment, some of which will go towards legal, medical and housing expenses incurred since LaBella’s injury. The remainder of the money will go towards paying for his expenses for the next 40 years of his life. LaBella, who lives in Oregon, declined to comment through his attorney.
“We are happy to confirm that after years of highly-contested litigation, we were successful in resolving Donavan’s legal claims in a way that will ensure his future needs, necessitated only by his unfortunate injury, can and will be met,” LaBella’s attorney, James Healy, told OPB. “This resolution provides Donavan and his conservator the resources necessary to access services he has needed, but otherwise lived without, since the time of his injury in July of 2020.”
A spokesperson for the Justice Department did not immediately return a request for comment.
