The son of a man shot and killed by Portland police in 2021 has filed a federal civil rights lawsuit against the city and the responsible police officer.
Portland police officer Zachary DeLong, one of the named defendants, shot and killed Robert Delgado on April 16, 2021, in Lents Park. Police said officers were dispatched to the park after someone reported a man doing “quick draws” with what appeared to be a handgun. After the shooting, officers found a replica handgun with an orange tip near Delgado’s belongings.
In a 16-page complaint filed Tuesday in the U.S. District Court of Oregon, Skyler Delgado alleges DeLong violated his father’s Fourth Amendment protections against excessive, unreasonable and unnecessary force. It further alleges Portland police officers habitually commit these violations.
A family photo shows Robert Delgado with his niece Alaina Delgado, center, and his sister Tina. Robert Delgado was shot and killed by Portland Police in April 2021.
Courtesy of the family / OPB
“Defendant DeLong’s actions speak to a long history in the City of Portland of police officers ignoring their training, ignoring their directives, and facing no consequences,” the lawsuit says. “Or, as in Defendant DeLong’s case, receiving a promotion after fatally shooting a person in crisis.”
DeLong was promoted to detective last March.
A spokesperson for Portland Mayor Ted Wheeler, who is also the police commissioner, said the city cannot comment on pending litigation.
En route to Lents Park, DeLong allegedly spoke to the person who reported Delgado that day. According to the lawsuit, that person told DeLong that Delgado “had only been pointing [the gun] away from the street and into the empty baseball field.”
A video filmed by a witness shows police hiding behind trees about 90 feet away from Delgado yelling at him, prompting Delgado to become more agitated and begin pacing. The lawsuit says DeLong should have recognized he needed to deescalate the situation because Delgado was in distress.
“Instead of attempting to de-escalate, Defendant DeLong decided to be more aggressive towards Robert Delgado,” the lawsuit alleges, saying multiple officers were pointing weapons at Delgado, shouting conflicting commands, and threatening him with violence.
Four minutes after arriving on scene, DeLong shot and killed Delgado.
“He had available alternatives. He used none,” the complaint says, citing the police bureau’s documented tendency to use excessive force against people in mental health crises. The bureau has been under federal oversight since 2014 for similar uses of force.
A grand jury determined the shooting was justified and declined to indict DeLong in September 2021.
Friends and family say Delgado, 46, had struggled with his mental health for years. One of his close friends told OPB he was often beaten up by other unhoused people and believed they might be undercover police officers.
A photograph of Robert Delgado, provided by his family. Delgado was shot and killed by the Portland police in April 2021.
Courtesy of the Delgado family / OPB
Delgado had unsuccessfully sought treatment in the months before he was killed, according to records reviewed by OPB. Ten months prior to his death, Delgado, who was living on the street at the time, was treated at Providence St. Vincent Medical Center after being attacked by another unhoused person.
“There is no prescription for shelter, support, and love,” Delgado said he was told, according to provider notes from a different clinic.
At a walk-in clinic soon after, Delgado told the provider he had sought mental health treatment several times before, had thought about taking his own life, and that he had suffered multiple head injuries that resulted in memory challenges.
Skyler Delgado is asking for an unspecified amount of economic and non-economic damages.