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Council approves $375,000 settlement for Megan Upbrook after RBD device injuries at 2020 protest

3219595 · May 8, 2025
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Summary

Portland City Council approved a $375,000 settlement to resolve injuries sustained by protester Megan Upbrook during a 2020 demonstration. Upbrook and attorneys described severe injuries from an explosive crowd‑control device; PPB has discontinued the device and bureau and city attorneys said the settlement mitigates litigation risk.

Portland City Council voted to authorize a $375,000 settlement to resolve a bodily‑injury lawsuit filed by Megan Upbrook arising from injuries she sustained at protests near the North Precinct on the night of June 25–26, 2020.

Upbrook testified to the council about the physical harm she said she suffered when a rubber‑ball distraction device (RBDD) or similar explosive crowd‑control munition detonated near her during a protest. She described immediate effects including temporary blindness and concussion symptoms, “All I could see was stars,” and said shards and rubber pellets caused wounds that required medical treatment and debridement. Her attorney, Victoria Lowe, told council the complaint alleged violations of First Amendment rights and state tort claims for assault and battery.

Why it matters: the case raised broader questions about crowd‑control tactics the Portland Police Bureau used during 2020 protests. City attorneys, risk management and PPB told council the bureau has since reviewed crowd‑control policy, discontinued use of RBDDs and taken steps to revise public‑order practices. The settlement was presented as a way to avoid protracted litigation and further attorney‑fee exposure.

Public testimony: Upbrook and several community advocates testified. Portland Copwatch and other commenters urged more transparency about prior incidents and the bureau’s inventory of crowd‑control munitions. Attorneys noted national and local reporting that the devices have caused severe injuries in other jurisdictions.

Council deliberations and vote: city attorneys and risk management recommended approval to mitigate financial and legal risk. PBOT/PPB staff explained internal policy reviews and said the bureau has revised its crowd‑control approach to emphasize dialogue policing and other non‑kinetic measures. The Council approved the ordinance authorizing the settlement; the clerk recorded 12 ayes.

Implementation and follow‑up: city attorneys, risk management and PPB said they would continue to revise SOPs for crowd management, expand training in dialogue policing and report to council committees on policy changes. Community members requested continued public data on incidents involving crowd‑control munitions.

Sources: testimony by claimant Megan Upbrook; Victoria Lowe, attorney; Portland Copwatch; City Attorney’s Office and Risk Management briefing.