From [HERE] The first civil lawsuit against Portland for police behavior during 2020 protests to reach a jury is being heard this week. Testimony from officers who suggests the bureau is still at odds with the federal government about when the use of force is allowed

Portland police officer testimony in a civil trial last week suggests police in the city have an understanding of civil rights and use-of-force laws that stands in sharp contrast to that of the federal courts and of lawyers for the U.S. Department of Justice. In one instance, an officer appeared to not fully understand the bureau’s use-of-force directives.

Officers Brent Taylor and Craig Lehman and Det. Erik Kammerer, all members of the now disbanded Rapid Response Team, which was the primary unit policing the 2020 protests, testified last week in a lawsuit brought by Erin Wenzel. The officers who allegedly assaulted Wenzel have not been identified, but Lehman, Taylor and Kammerer were all present the night she was injured. Wenzel alleges officers shoved her to the ground from behind multiple times on Aug. 14, 2020, while she was following their orders to disperse.

Lehman, who briefly took the stand on Wednesday, appeared stumped when asked to explain the bureau’s use of force directives. Wenzel’s attorney John Burgess asked Lehman if he would have been permitted to shove a person to the ground from behind if that person were following officer instructions. Lehman, quoting directly from bureau policies, said it would depend on the totality of the circumstances and the reasonableness of the force.

“What does that mean?” Burgess asked.

“I don’t know how to elaborate more than that,” Lehman responded after a six-second pause, before repeating the directive’s language. “Just the totality of the circumstances, what’s going on and if it was reasonable to do so.”

The police officers who have testified and the attorneys for the city have so far suggested they are free to use force they deem necessary against protesters who are passively resisting and against people in a crowd who they believe may have committed crimes in the past or may commit crimes later in the protest.

Taylor said his experience in past protests and whether or not he knew that someone was a known agitator or that they had been complicit in shield holding or “defending the crowd” all factored into his decision to use force.

“They feel totally justified using force against people who they deem to be troublemakers based on their physical appearance or past actions,” said Portland attorney Whitney Stark, whose firm represents clients suing the city over alleged violations during 2020 protests. “That’s so wrong. Your job is to protect and serve everybody, including protesters who are protesting you, and you are not doing that.”

Stark said it appeared as though the police had targeted Wenzel and other protesters simply because they were wearing black. [MORE]