The family of 44-year-old Bobby Smallwood, a security guard who was tragically killed at Legacy Good Samaritan Medical Center in Portland, Oregon, in July 2023, has filed a $35 million wrongful death lawsuit against the hospital and its parent company, Legacy Health. The lawsuit accuses the hospital of negligence and... Read More »
Family of Man Killed by Portland Police Files Wrongful Death Suit
The estate of a man who was shot and killed last June by Portland police officers has filed a wrongful death lawsuit against the city.
40-year-old Michael Ray Townsend was at a Motel 6 when he called 911 because of suicidal ideations he was having. According to transcripts of the call, Townsend told the dispatcher that he had the means to cause himself harm.
Police officers and paramedics were dispatched to the motel. Once they arrived, Townsend expressed that he wanted to go to the hospital. According to the Multnomah County District Attorney's office, one of the officers on the scene, Brett Emmons, told Townsend that he would need to be patted down before he could be taken to the hospital.
Townsend refused to be patted down and instead pulled out what has been described as a pointed tool. Video released by the Portland Police Bureau shows the officers stepping away from Townsend once he pulled out the tool. In a later released statement officials explained, “Mr. Townsend then pulled a sharp-ended screwdriver out of his pocket.” The statement goes on, “Witnesses heard Mr. Townsend threaten Officer Brown and saw Mr. Townsend move towards the officer.”
After Townsend pulled out the tool, officer Emmons reached for his taser, while the other officer on the scene, Curtis Brown, pulled out his firearm and shot Townsend. Townsend can be seen on video falling and was later pronounced dead as a result of the gunshot wound.
Officer Brown later stood in front of a grand jury that ultimately chose not to indict him on criminal charges. An internal investigation was then initiated to consider whether or not the police officers at the scene violated any policies.
According to the wrongful death complaint, Townsend's estate contends that the city should have dispatched qualified health professionals to help Townsend. “The City has various teams of workers with specialized training and knowledge in dealing with mental health crises,” the lawsuit explains. “The City did not dispatch any of these teams to serve and protect Mr. Townsend on June 24, 2021.”
The complaint goes on to add, “residents like Mr. Townsend who call 911 during a mental health crisis often end up dealing with armed police officers, and if they survive their encounters with armed police officers, often end up in the criminal justice system, rather than the mental health system.”
Michael Fuller, the lawyer representing the Townsend family, shared, “Our complaint lays out what we would say would be various better ways to respond to that call. Non Lethal ways, ways where we’re utilizing people trained in mental health.”
Townsend's sister, Rachel Steven, shared that there was no reason for officers to kill her brother. “When you’re going through a mental health crisis, a lot of times you have to utilize things like the wait strategy,” she explained. “You may have to wait for three hours. You have somebody who no longer wants to live, and I know your shift might be up in 30 minutes and you want to get home.”
The lawsuit is not seeking monetary damages. Instead, the suit is seeking to have an order which would require the city of Portland to offer better training for officers who are responding to welfare checks. The order would also have requirements for 911 dispatchers to make “good faith efforts” that would send mental health-related calls to teams that have the specialized training to handle such circumstances.
Steven explained, “I can never get my brother back. All I can do is focus on making the world a safer place, a better place, for people like him.”
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