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A homeless man shot by police has filed suit against the city, The Oregonian reports. The man, Don Allen Perkins, had been living in a van next to Powell Park in Southeast Portland. He reportedly had a replica gun that caused police to believe that he was armed. Perkins’s lawyer Thomas Patton said that Perkins had his hands up in a posture of surrender when he was shot.

The officers involved were Roger Walsh and Bradley Clark. Perkins also struggled with mental illness, so the lawsuit faults the two officers for not handling such a person properly. Similar claims have been chronicled here previously, as have several high profile cases involving claims of excessive force by the police. The lawsuit filed by Perkins claims also that the officers shouted at him before he was shot, which amounted to an escalation.

The lawsuit in total seeks $1.3 million, including medical bills and pain and suffering. Police said that Perkins had prescription drugs in his system, but he has been treated for mental illness, so it is possible that the entire incident was precipitated by ill-adjusted medication. The officers did not face criminal charges. It is distinctly possible that the replica gun was the reason charges were not filed.

In addition to giving you information about your rights and the law that may apply to your situation, it is also valuable to be apprised of the latest legal news in the area, so that you know the sort of environment you will enter if you must interact with the legal system. If you need criminal defense in the Portland area, Ed Kroll offers top-notch defense. He is also committed to keeping you informed concerning things that could affect you. Call today for a free consultation, even if you face the most serious accusations.

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