An 84-year-old Portland couple testified in federal court Monday about being caught in tear gas and struck by crowd-control munitions during protests outside a U.S. immigration enforcement building last fall.
Laurie and Richard Eckman took the stand on the first day of an evidentiary hearing before Michael H. Simon in United States District Court for the District of Oregon. The hearing concerns whether to extend a court order limiting federal officers’ use of tear gas and other less-lethal munitions against nonviolent protesters outside the U.S. Immigration and Customs Enforcement facility in South Portland.
“It Was Kind of Terrifying”
Laurie Eckman testified that she and her husband attended an Oct. 4 rally at Elizabeth Caruthers Park before marching to the ICE building. She said federal officers in camouflage gear suddenly “came charging out of the gate” into the crowd.
Tear gas filled the area, and she said she felt a sharp blow to the right side of her head — later learning she had been struck by a pepper ball round.
“It was kind of terrifying because I was so disoriented. I couldn’t see how to get out of it by myself,” she testified.
After returning home, she realized she had been bleeding and later sought treatment at Oregon Health & Science University, where she was treated for a head wound and concussion. She testified that she later developed pneumonia and now requires supplemental oxygen for part of each day.
Richard Eckman, a Vietnam War veteran, said he pointed to his veteran’s cap in hopes officers would not fire near him. Instead, he said tear gas was deployed just feet away.
Both testified they will not participate in future protests.
Lawsuit and Legal Arguments
The Eckmans are among several plaintiffs — represented by the American Civil Liberties Union of Oregon — who allege federal officers used excessive force in response to demonstrations opposing immigration enforcement policies.
ACLU attorney Kelly Simon urged the judge to extend the temporary restraining order into a longer-lasting preliminary injunction, arguing that federal officers used tear gas, pepper balls and other munitions against nonviolent protesters in retaliation for protected speech.
A Justice Department attorney countered that the plaintiffs have not demonstrated an agency-wide policy of unconstitutional retaliation by the Department of Homeland Security and said the munitions were used to protect federal property and ensure safety.
Additional Testimony
Freelance videographer Hugo Rios testified that he was shoved and struck with at least 20 pepper ball rounds while filming from a public sidewalk during a separate protest.
Portland police commanders also testified that the use of tear gas against passive protesters would violate city police policy and said federal deployments of munitions had, at times, affected local officers.
The hearing is expected to continue as the court considers whether to extend restrictions on federal officers’ crowd-control tactics outside the ICE facility.
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