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"Unprovoked attack" leads to lawsuit threat

02:18 PM PDT on Friday, July 13, 2007

By NICK BRADSHAW, kgw.com Staff

A 40-year-old jail inmate wants Multnomah County to pay him $360,000 for what his attorneys are calling an unprovoked attack by police that was all caught on tape.

Watch KGW report

Benjamin Haile, the lawyer representing Michael Evans, said a video posted on YouTube.com shows surveillance footage of his client being booked into the downtown Portland jail after an assault charge on September 11th, 2006.

The video shows officers removing handcuffs from Evans during the intake process. The audio on the video is hard to make out, but somehow a struggle began between Evans and an officer and ended with five officers working to subdue the 40-year-old on the ground. The video shows officers using punches and kicks to restrain Evans.

 Video: YouTube video of jail incident

Former Portland Police Captain C.W. Jensen watched the video with kgw. He viewed it as officers making sure an uncooperative, potentially violent suspect does not get loose. "What I see here is not anything excessive, they're just trying to get him to comply," said Jensen.

Talk of the Town Blog: Media bias?

Haile and his partner sent a letter to the county demanding a settlement in order to avoid litigation. They asked the city for $360,000.

Evans, who was still in jail, was convicted on charges including assault, a weapons charge, and 15 counts of sexual abuse. He was also charged with assaulting an officer, but his lawyer said that charge was dropped.

Multnomah County Sheriff Bernie Giusto says internal affairs and the county attorney are looking at the case, as well as the original criminal charges.

Dave Northfield contributed to this article.

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