Federal prosecutor, FBI agent explain decision not to prosecute officers involved in Michael Fesser case
Updated 6:29 PM;
Today 6:15 PM
Michael Fesser speaking at an anti-racism rally in West Linn last year. Fesser was wrongfully arrested by West Linn police in 2017, and obtained a $600,000 settlement against the city stemming from the arrest.
Facebook Share
A federal prosecutor and an FBI agent met Tuesday with a West Linn community group to explain why the U.S. Attorney’s Office didn’t pursue charges against any officers involved in the bogus 2017 arrest of Portland resident Michael Fesser.
Assistant U.S. Attorney Craig Gabriel said the office found it couldn’t prove a number of potential crimes beyond a reasonable doubt. Those included, he said, conspiracy to commit a civil rights violation, public corruption, making false statements in the course of a sworn civil deposition and obstruction of justice.
Pamplin Media Group - No discipline for cop s cursory review of bogus arrest pamplinmedia.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from pamplinmedia.com Daily Mail and Mail on Sunday newspapers.
Federal officials close investigation on West Linn PD, racial discrimination claim KATU Staff
Replay Video UP NEXT
The U.S. Attorney s office says the federal criminal investigation into the arrest of a Portland man, Michael Fesser, in 2017 has been closed due to finding insufficient evidence.
In a statement released on Friday, the office said, in part: In this case, under the applicable federal criminal civil rights laws, the government would have to prove beyond a reasonable doubt that Mr. Fesser’s constitutional rights were violated and, if a violation occurred, the actions taken by law enforcement officers were willful.
Willfulness requires proof that an officer acted with the specific intent to do something the law forbids. It is not enough to show that an officer made a mistake, acted negligently, acted by accident or mistake, or even exercised bad judgment. Here, the government cannot prove that the manner in which Mr. Fesser was arrested violated
West Linn’s insurer failed city in defense of Michael Fesser’s wrongful arrest suit, outside consultants said
Updated Dec 22, 2020;
Posted Dec 22, 2020
Without the insurer’s lawyer who was handling the litigation present at City Council executive sessions, the council heard from others who didn’t have the full story of what was developing. The council should expect briefings “from somebody who knows what they’re talking about,” said Michael Gennaco, OIR Group investigator.
Facebook Share
The city of West Linn shouldn’t tolerate the poor representation its insurer provided in defense of the lawsuit that Portland’s Michael Fesser filed against the city and its police for his 2017 wrongful arrest, outside consultants told West Linn’s City Council Monday night.