A Multnomah County Jury awarded Gallagher Smith $306,000 against the City of Portland for false arrest, battery, and malicious prosecution. Smith suffered physical and emotional injuries when he was grabbed, beaten, Tased, pepper sprayed, and hog-tied by Portland Police officers after questioning their authority to order him off a public sidewalk.
Officers Sean McFarland and Patrick Johnson were acting at the request of the Aura nightclub security on Nov. 13, 2010, after Smith had complained about the overselling of an event, which caused ticketed patrons to be denied admission. Plaintiff suffered severe PTSD as a result.
Trial judge Youlee You ruled as a matter of law the police did not have probable cause for the arrest, since the officers had no lawful authority to order Mr. Smith off a public sidewalk.