Skip to main content
A volunteer medic filed a lawsuit in U.S. District Court on Thursday against Portland Police Bureau Officer Thomas Clark and the city of Portland for battery, false arrest and negligence stemming from an Aug. 31, 2020 Black Lives Matter protest that occurred near Mayor Ted Wheeler’s condo.
Near 11:30 pm, the lawsuit says, a group of Portland police officers dispersed protesters using the “bull rush” method, i.e. sprinting in a line toward a crowd. The officers converged and began forming a new line facing north on 12th Ave, toward protesters, according to the lawsuit.
“Defendant Clark did not join his fellow officers in the new police line. He paused momentarily, and then sprinted—by himself—towards the crowd of retreating protesters,” the complaint says.
Clark appeared to be targeting a particular protester, the lawsuit alleges, but then he “abruptly shifted” his focus to a volunteer medic named Tyler Cox, who works as a nurse in the neurocritical care unit at Oregon Health & Sciences University.
As WW reported last week, the Multnomah County District Attorney’s office is weighing criminal prosecution for Clark stemming from the incident. Cox’s attorneys say the DA’s office has not yet made a decision of whether or not they will charge Clark.
The lawsuit says Clark lunged at Cox, grabbed him from the side with two hands, lifted Cox’s feet off the ground and slammed his head into the pavement, causing Cox’s head to bounce on the curb. Clark then brought his elbow down on Cox’s face while also rolling himself over to place his knee onto Cox’s chest, according to the complaint.
“Defendant Clark brought his weight down on Plaintiff’s torso and covered Plaintiff’s face with one hand while pressing the other against Plaintiff’s neck,” the lawsuit says. “At this moment, Mr. Cox believed he was going to die.”
Cox says he extended both of his arms outward to protect himself. “In doing so,” the complaint says, “he brushed Defendant Clark’s face shield, which caused the officer’s helmet to come off as it was not strapped to his chin.”
The complaint says Clark punched Cox in the face a minimum of five times, and that Cox can be heard “moaning in pain as Defendant Clark strikes him, again and again.”
As WW first reported, Cox and his attorneys allege that Clark wore gloves with “raised plastic knuckles intended to inflict more damage on his victim,” sometimes known as “tactical gloves” or “sap gloves.” A police bureau spokesman said he did not know if such gloves were within PPB policy.
Cox screamed, “I am not fighting you,” the lawsuit says, adding that Clark then grabbed Cox’s bike helmet and ripped it while it was still attached to his neck.
Clark arrested Cox, booking him for assaulting a public safety officer, resisting arrest, interfering with a peace officer and disorderly conduct. (The charges have since been dismissed.)
Cox’s lawyers accuse Clark of fabricating charges against Cox, false arrest, battery, negligence and excessive force that was used intentionally and capable of causing “serious injury or death.”
“Defendant intentionally used and applied a quantum of force that was grossly disproportionate to Plaintiff’s mere presence among protesters, journalists and bystanders,” the complaint says. “[Clark] intentionally escalated the quantum of force he applied by wearing gloves with raised plastic knuckles, a weapon prohibited by Defendant’s training and Portland Police Bureau policy.”
The lawsuit also accuses the city of negligence and violating Cox’s fourth amendment.
Cox’s attorneys say he suffered “permanent and disabling injuries” as a result, including a concussion and traumatic brain injury which have led to long-term issues like headaches, fatigue, insomnia, and brain fog, some of which are ongoing and permanent.
“Plaintiff further suffered a ‘boggy’ scalp hematoma, sprains to his left elbow, shoulder, neck, and back, and aggravation of a preexisting lumbar disk bulge which may require surgery,” the lawsuit says. “Plaintiff has sought and received mental health treatment for trauma related to this incident and continues to suffer from anxiety and PTSD symptoms.”
The lawsuit says Cox also suffered wage loss due to seven weeks of “brain rest” needed to recover from the injury.
The City Attorney’s office and the Portland Police Bureau declined to comment on the lawsuit, citing pending litigation.