Kaady family names city, county in federal lawsuit

Renowned attorney Gerry Spence hired

By Marcus Hathcock

The Sandy Post, Sep 14, 2006, Updated Oct 30, 2009

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The family of Fouad Kaady filed a lawsuit against the city of Sandy and Clackamas County last week in federal court, coinciding with the one-year anniversary of Kaady's death.

Kaady was shot and killed by Sandy police officer Bill Bergin and Clackamas County Sheriff's Deputy Dave Willard Sept. 8, 2005, after a string of seemingly bizarre events including several hit-and-run collisions, a car fire and a possible assault.

He was naked, bleeding and severely burned during the fatal police encounter near Cottrell Grade School, northwest of Sandy.

The 31-page lawsuit, filed in U.S. District Court on Wednesday, Sept. 6, claims that the county, the city and the officers violated Kaady’s civil rights. The 10-claim complaint alleges excessive force, unconstitutional arrest and wrongful death.

Specifically, the suit accuses the defendants of “unreasonable use of a Taser weapon”, “unreasonable use of deadly force”, “unconstitutional municipal policy” in Clackamas County and in the city of Sandy, “unlawful policy” by the acts of Clackamas County Sheriff Craig Roberts and Sandy Police Chief Harold Skelton, having an “informal custom and policy” that encourages Taser use over physical restraint tactics, and initiating an unconstitutional arrest.

Furthermore, it claims that the police-involved shooting was “oppressive, malicious … (and) motivated by evil motive or intent.”

Kaady family members seek monetary damages in an amount to be determined at trial. That amount would include memorial service expenses, the loss of Kaady’s lifetime wages, compensation for pain and suffering, attorneys’ fees and punitive judgments against the officers.

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