U.S. District Judge Adrienne Nelson ruled Thursday that the core civil claims in a wrongful-death lawsuit over a 2022 Portland police shooting, including battery, excessive force and intentional infliction of emotional distress, can move ahead to a jury. She threw out some wrongful-death negligence allegations and a set of municipal-policy claims, but at this stage refused to shield the officer with qualified immunity. The shooting killed 40-year-old Aaron Stanton on the front porch of his Southeast Portland home while his 6-year-old daughter was nearby.
Judge Allows Battery, Excessive Force Claims
Nelson's order, as reported by The Oregonian/OregonLive, keeps the battery, excessive-force and intentional-infliction claims alive and headed toward trial. At the same time, the opinion trims back parts of the complaint by rejecting certain negligence theories and some deliberate-indifference Monell claims against the city, while leaving the claims against the officer personally in place. It is a ruling that narrows the case without knocking it out.
Details From Court Filings
Court filings and prior opinions, as detailed in documents posted by Justia, state that the shooting occurred on July 22, 2022, when Officer Joshua Dyk, a Portland Police Bureau rifle operator assigned to the Focused Intervention Team, fired an assault rifle that struck Stanton in the chest. Plaintiffs allege Stanton had been firing a handgun into the air from his front porch and that 9-1-1 callers and neighbors reported he was not aiming at people before officers opened fire. Those same filings say Stanton's 6-year-old daughter, identified in the case as A.S., was on the porch and nearby when the shooting happened.
Plaintiffs' Allegations
The family's lawsuit alleges that officers used excessive deadly force and failed to attempt de-escalation or wait for behavioral-health specialists before opening fire, according to The Oregonian/OregonLive. Plaintiffs also contend the city has a pattern of failing to investigate and discipline problematic uses of force, a theory that supports parts of their Monell claims even though Nelson pared back some of those municipal-liability allegations. The lawsuit was filed in late 2023 on behalf of Stanton's estate and his daughter, who is represented in the case by a guardian ad litem.
Legal Note
By denying qualified immunity for Officer Dyk at this point in the case, Nelson leaves open the possibility that a jury could hold him personally liable if it ultimately finds the force unreasonable, as the court documents explain. At the same time, her decision to dismiss some negligence and deliberate-indifference claims narrows the routes for holding the city itself responsible, which means plaintiffs are likely to concentrate on their battery and constitutional excessive-force theories if the case reaches trial.
Background and Next Steps
The shooting went before a grand jury in 2022 that, according to OPB, concluded the use of force was not criminal, so no state charges followed. The civil suit, filed in federal court in November 2023, now returns to discovery and further motion practice with the surviving claims still in play. Nelson did not set a trial date in her order, and lawyers for both the plaintiffs and the city will map out their next steps as the case moves toward a potential resolution.
