First Circuit Affirms Dismissal of Civil Rights Lawsuit Against City of Portland

Drummond Woodsum attorneys Kasia S. Park and Susan M. Weidner successfully defended the City of Portland, two police officers, and a firefighter in a civil rights lawsuit brought by John Cohen, the father of a man who committed a domestic violence assault then fled into Portland’s Back Cove and ultimately drowned.

Cohen’s lawsuit alleged constitutional and state law violations, claiming that the City and its employees not only failed to rescue his son from the water, but that their actions exacerbated the situation and contributed to his death. Cohen also contended that the City had inadequately trained its police officers on responding to mental health crises.

In November of 2023, a U.S. District Court Judge issued a ruling in favor of the City and its employees finding that there was no violation of Cohen’s rights under any theory of liability. Following this, Cohen appealed and recently the First Circuit Court of Appeals affirmed the District Court’s dismissal of Cohen’s civil rights claims against the City and its employees.

For over three years, Attorney Park has vigorously defended her clients, demonstrating that the City and its employees did not cause the death of Cohen’s son or violate his rights.

Most recently quoted in the Portland Press Herald, Attorney Park states, “We are pleased the 1st Circuit agreed with the District Court finding the city and its first responders did not violate Mr. Cohen’s rights. The fact that the 1st Circuit issued its decision so quickly, less than two months after the argument, speaks volumes about the lack of merit to these claims.”

As a member of the firm’s litigation practice, Kasia is a litigator who has substantial experience handling a broad range of civil disputes, including civil rights, employment, and general commercial disputes. She regularly represents clients in federal and state courts and has substantial jury trial experience. Susan is also a member of the firm’s litigation practice, with particular expertise in procedure and crafting legal arguments.

 

Media Coverage and prior posts related to this story:

https://www.pressherald.com/2024/08/05/federal-appeals-court-dismisses-mans-lawsuit-against-city-for-back-cove-drowning/

https://dwmlaw.com/kasia-park-and-susan-weidner-win-on-summary-judgment-for-the-city-of-portland/