Judge Dismisses Wrongful Death Lawsuit Of Man Shot By Police In Portland Homeless Shelter

By Meerah Powell (OPB)
May 14, 2020 4:30 p.m.

A federal judge Wednesday dismissed a wrongful death lawsuit filed by the family of a man shot in a homeless shelter in 2018 by Portland police officers and a Multnomah County sheriff's deputy.

Related: Family Of Man Shot At Homeless Shelter Files Civil Rights Lawsuit

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John Elifritz, 48, was shot and killed inside the CityTeam Ministries Portland Shelter on April 7, 2018, after police had pursued him as a suspect in a carjacking. Witnesses and police reported Elifritz was cutting himself with a knife and menacing other people.

Surveillance video showed Elifritz moving toward the officers with his knife.

“Officers shot Elifritz when he was within seconds of reaching the officers with the knife,” Oregon U.S. District Court Judge Marco A. Hernandez wrote in his ruling.

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Seven Portland police officers and one Multnomah County sheriff’s deputy were involved in the shooting. The judge stated the circumstances of the situation required the officers to make a “split-second decision that ended Mr. Elifritz’s life.”

“At the time, Mr. Elifritz was experiencing a mental health crisis, was under the influence of drugs, or both,” Hernandez wrote.

“Mr. Elifritz’s death is a tragedy for all concerned, including Mr. Elifritz, his family and the police officers and bystanders who were present at the scene. Notwithstanding its tragic nature, however, it is clear that the officers’ use of deadly force under the unique circumstances of this case did not violate the Fourth Amendment or create a basis for a wrongful death claim under Oregon law,” he continued.

A Multnomah County grand jury cleared the involved officers of wrongdoing.

Elifritz had called 911 the afternoon of April 7, falsely reporting that his family had been murdered. When officers responded to the call, they reported that Elifritz appeared suicidal. Elifritz eventually fled from the officers who did not pursue him as they stated they thought the situation would escalate if they chased him down.

About two hours after that encounter, Portland Police received a report of a carjacking.

According to witnesses and police, that evening, Elifritz entered the CityTeam Ministries Shelter, cutting his own neck with a knife and menacing congregants inside.

Witnesses said he was ignoring police commands and “acting like he was methed out” before he was shot by the officers with less-lethal shots and then shot lethally nine times.

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