Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Walsh v. City of Portland

United States District Court, D. Oregon, Portland Division

October 30, 2018

JOSEPH WALSH, Plaintiff,
v.
CITY OF PORTLAND, et al., Defendants

          OPINION AND ORDER

          Honorable Paul Papak United States Magistrate Judge.

         Pro se Plaintiff Joseph Walsh brings this civil rights action against Defendants City of Portland, Mayor Ted Wheeler, and the Portland Police Bureau, alleging that Defendants violated his First Amendment rights during a protest on June 4, 2017, in downtown Portland, Defendants previously moved to dismiss the Complaint for failure to state a claim, I granted Defendants' motion with prejudice as to the Portland Police Bureau, and without prejudice as to Wheeler and the City of Portland, and allowed Plaintiff leave to file an amended complaint. Order, ECF No. 22.

         Plaintiff has filed a document entitled, "Response to Judge's Order concerning Plaintiffs amended complaint correcting the deficiencies noted in the Court's Order." ECF No. 24. I construe this document as Plaintiffs Amended Complaint. ECF No. 26.

         Defendants now move to dismiss the Amended Complaint. ECF No. 25. Plaintiff has not responded. I grant the Motion to Dismiss with prejudice.

         BACKGROUND

         An amended complaint generally supersedes the original complaint. See Hal Roach Studios, Inc. v. Richard Feiner and Co., 896 F.2d 1542, 1546 (9th Cir. 1990). However, because here Plaintiff represents himself and has not formally moved to amend the original Complaint, I treat Plaintiffs filings, including the initial Complaint, response brief, and Amended Complaint, as comprising one complaint.

         In his initial Complaint, Plaintiff alleges:

On June 4, 2017, 1 attended a large protest located in Chapman Park, Lowsdale Park and in front of City Hall.[1]I am a 75 yr. old veteran who is on 24/7 oxygen and is in poor health. I was attacked without notice by the Portland police using unknown chemical weapons. I had to be removed from the park before permanent damage was done to me.

Compl. 5, ECF No. 2.

         In his response brief, Plaintiff alleges:

The first indication that I had that something was wrong was a cloud of smoke coming towards us from Terry Shrunk Park[2] which was across the street from where we were sitting on the benches. I was pulled out of the park by Malcolm Chaddock who was in a panic because he feared for my health, We went two blocks to 4th Avenue and Mi-, Chaddock got his private truck and took me out of the area. I was shaken and wondered for the next few days what would be the result of being exposed to this chemical. As we departed the park the police fired rubber bullets and used concussion grenades. We were all now terrified that we would be arrested or seriously injured by the actions of the police.

Pl.'s Resp. 3 (unpaginated document), ECF No. 19. In the Amended Complaint, Plaintiff states that "the police" "did attack me and others as we sat on a bark bench," Am. Compl. 4 (unpaginated document). Plaintiff further states,

The fact that a friend dragged me out of the park and up two blocks to get out of the way of the tear gas and whatever chemicals the police deployed should not be used as a viable defense. The fact that I did not show immediate damage should not be used to say I was not hurt or there is no claim. The psychological effects alone have been intense. I rarely leave my home now and only attend meetings that would appear safe from the police, City Counsel and County Commissioner hearings. If I do attend a protest, as soon as the robo cops arrive I leave ....

         Am. Compl. 4. Plaintiff also states, "My ability to walk has diminished to such an extent that walking 100 ft without stopping is difficult. .... The running of the two blocks was monumental for me and did permanent damage to my lungs." Am. Compl. 4. Plaintiff states that he "will produce medical evidence" ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.