Quanice Hayes’ family files civil rights lawsuit

Civic Affairs
quanice hayes combo 06052018_1528227566845.jpg.jpg

PORTLAND, Ore. (KOIN) — The family of Quanice Hayes filed a civil rights lawsuit against the City of Portland and the police officer who fired the shot that killed the 17-year-old armed robbery suspect.

The lawsuit filed Tuesday in US District Court alleges Officer Andrew Hearst violated Hayes’ civil rights — specifically his “rights under the Fourth and Fourteenth Amendments” — when he shot Hayes on February 9, 2017 outside a Northeast Portland home.

More about the 4th and 14th Amendments below


The family is seeking no set monetary award. Instead, they want a jury to grant “compensatory damages against Defendants in an amount to be determined at trial” for pain and suffering, loss of companionship and lost future earnings.

 

In the 9-page filing, Hayes’ family provides a version of events immediately preceding the fatal shots at 9:30 a.m. that morning. They state: “At the time Defendant Hearst killed Quanice, Quanice was unarmed and posed no threat to the officers or anyone else.”

Portland police shot and killed an armed robbery suspect near the Portland Value Inn, Feb. 9, 2017 (KOIN)

They also say Hayes was being given different commands by different officers which confused him in the moments before he was shot.

On the one-year anniversary of his death, the Hayes family hand-delivered a notice of intent to sue to the office of Mayor Ted Wheeler at City Hall.

“As a family, we just had to figure out what was next,” Hayes’ uncle, Terrence Hayes told KOIN 6 News that day.

In March 2017, a Multnomah County grand jury decided not to press criminal charges against Hearst.

Quanice Hayes, 17, was shot to death by Portland Police after using the replica gun pictured above in crimes on Feb. 9, 2017 (PPB)

Police said Quanice Hayes was suspected of robbing a man using a realistic-looking replica gun. The man was sleeping in his car across from the Portland Value Inn — located at 1707 NE 82nd Ave — when the incident happened.

During their search, officers found Hayes and tried to talk to him before he ran off. He was found again in the 8300 block of NE Hancock, which is when Hearst fired at Hayes.

KOIN 6 News will continue to follow this story.

The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.
The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. In addition, it forbids states from denying any person “life, liberty or property, without due process of law” or to “deny to any person within its jurisdiction the equal protection of the laws.

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