Landlord, residents sue federal government over tear gas use near Portland ICE building

federal officers deployed what seemed to be a mixture of tear gas and pepper balls onto the crowds in front of the building/Felisha LeCher, KATU News

PORTLAND, Ore. (KATU) — The owners and some residents of an apartment complex next to Portland’s Immigration and Customs Enforcement (ICE) facility have filed a lawsuit against the federal government.

Landlords of Gray’s Landing, along with seven residents, filed the lawsuit on Friday seeking to stop federal agents from using chemical munitions near the building. The nonprofit REACH Community Development owns Gray’s Landing, which houses more than 200 low-income seniors, veterans, families, and people with disabilities.

Dan Jacobson, the attorney representing the residents and REACH, told KATU News that the lawsuit targets federal agents’ use of tear gas, smoke grenades, and other chemical munitions during ongoing protests outside the ICE facility and their effects on residents.

“Unstoppable coughing”

Residents say federal officers have repeatedly deployed chemical agents over the past six months, with the substances often drifting into their homes.

Mindy King, a resident and plaintiff, said chemical agents have entered the complex multiple times since June.

“There was a time when it actually got into the buildings of the entire Gray’s Landing apartment building and the Matisse,” King said. “I know floors two through six, end to end, were full of tear gas, which crept into every resident’s home that didn’t have their door sealed.”

The lawsuit states that with each exposure, plaintiffs experience physical reactions including difficulty breathing, uncontrollable coughing, severe burning in their throats and eyes, dizziness, headaches, and other symptoms that often persist after the smoke clears.

Susan Dooley, another plaintiff and longtime resident, told KATU News that she was recently diagnosed with mild heart failure, which she attributes to repeated exposure to chemical munitions. Several tenants on the side of the building facing the ICE facility have received doctor’s notes recommending they move to units further from the site.

Jacobson said residents have also reported psychological trauma.

“Our plaintiffs have resorted to putting wet towels under their doors, sealing their doors shut,” he said. “One plaintiff with two small children said the children have asked to sleep in the closet just to feel safe. These are kids under 10.”

Several residents are veterans who suffer from post-traumatic stress disorder (PTSD), and Jacobson says the munitions deployments trigger symptoms.

“This has been so traumatic that it’s actually in my nervous system,” King said.

Legal action and federal response

Jacobson explained that REACH made repeated attempts to mitigate the use of chemical agents, including working with the city, before deciding to pursue legal action.

Last month, Department of Homeland Security (DHS) Assistant Secretary of Public Affairs Tricia McLaughlin responded to the potential lawsuit, stating that DHS is taking “reasonable and constitutional measures to uphold the rule of law and protect our officers.”

Jacobson countered that there is extensive video evidence showing tear gas deployed even when no violence was occurring.

“The government says it’s warranted, but we argue it should only be used in very narrow circumstances, when an imminent threat to life exists—not just because people are protesting or yelling,” he said.

The lawsuit asks the court to issue an injunction limiting the use of chemical agents outside the ICE facility, declare the conduct unconstitutional, and provide restitution to the residents.

“The truth is, residents and community members of all types are being impacted by the tear gas and the use of it through ICE,” King said.

 

 

 

 

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More Photos and the Complaint Paperwork Provided in Link Above

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