A rioter brought a lawsuit against a U.S. Marshal for shooting him in the forehead with a “less-lethal” munition, which left him with permanent brain damage. However, the judge examined the case and added insult to his injury.
Donovan LaBella, a 26-year-old Oregon man, has learned a difficult life lesson after joining a group of social justice activists who were rioting against law enforcement in downtown Portland, where mobs attacked businesses, blocked roadways, and even targeted government buildings.
Rioters gathered in front of the Hatfield Federal Courthouse, where they went head-to-head with federal officers. Unfortunately, the clash resulted in a life-changing injury for LaBella after the young man placed himself in the center of the fracas.
Donovan LaBella was at the epicenter of the violence as federal officers deployed offensive tactics to keep the raging mobs at bay, Courthouse News reported. Video footage captured the man holding a large speaker and walking toward a line of officers. Just after he raises the speaker above his head, a tear gas canister is thrown near his feet, which he kicks and tosses back in the direction of the officers.
As LaBella again lifts the speaker over his head, a shot rings out. He instantly falls to the ground, covered in blood. Rioters later discover that a U.S. Marshal had fired a “less-lethal” impact munition at LaBella, striking him right in the middle of his forehead.
Donovan LaBella suffered a fractured skull, shattered bones in his face, and permanent brain trauma. He has since undergone facial reconstructive surgery and received a titanium plate in his head. The lasting effects include loss of impulse control, confusion, and vision problems.
LaBella filed a lawsuit against the unnamed U.S. Marshal who fired the munition that struck him. In his suit, he claims that the officer violated his Fourth Amendment right and committed battery, negligence, and intentional infliction of emotional distress. He also demanded damages for the injuries and pain he has suffered.
To LaBella’s dismay, Senior U.S. District Judge Michael Mosman granted the U.S. Marshal’s motion to dismiss the charges against him. LaBella was subsequently denied damages.
Although LaBella’s case was thrown out of the U.S. District Court, he may choose to proceed with his case against the U.S. government. Still, there is no guarantee he will walk away with any compensation.
While LaBella has begun to recover from his severe injuries, he will spend the rest of his life dealing with the consequences of his decisions. When one places themselves in the midst of a violent riot against government forces, they are accepting that a disastrous outcome may occur.
Donovan LaBella took the side of the violent mob and suffered the consequences of the responding law enforcement officials. Hopefully, his story serves as a warning to others that violent rioting should never take the place of civil disobedience.
