Toledo man shot by Oregon officers files federal civil lawsuit
Jun. 16—A Toledo man facing felony assault charges from an encounter with Oregon police officers one year ago filed a federal civil lawsuit against the patrolmen who shot him multiple times, according to documents filed in U.S. District Court in Toledo.
Victor Dale Jr., was charged last month in Lucas County Common Pleas Court with felonious assault and assault for allegedly striking Oregon Police Officer Joel Turner with his vehicle on June 13, 2020, at the Kingston Court Apartments on Navarre Avenue.
On Monday, Mr. Dale filed a federal civil lawsuit against the city of Oregon and the involved officers, Mr. Turner and Officer Logan Nitkiewicz, who fired 21 times toward Mr. Dale's vehicle over the span of five seconds. Mr. Dale was struck in the neck, shoulder, arm, and leg as he tried to flee.
In the four-count lawsuit, Mr. Dale claims the officers used excessive force and participated in reckless conduct, they were not properly trained or engaged in unconstitutional policies, along with assault and battery accusations.
He's requesting compensatory and punitive damages, as well as declaratory and injunctive relief against the city from participating in unlawful practices and bringing policies, procedures, and training into compliance, according to the lawsuit.
A message was left with the Oregon Police Department and not returned on Wednesday.
On June 13, 2020, Mr. Dale was at his girlfriend's apartment when a 911 call was made about a possible break-in at a different apartment, while the second call was made regarding a man and woman arguing in the parking lot.
When officers Turner and Nitkiewicz arrived, they confronted Mr. Dale and his girlfriend — even though the couple did not meet the description of the disputing man and woman, according to the lawsuit. Mr. Dale's girlfriend advised officers that everything was OK.
Mr. Dale got into his vehicle.
"As [Mr. Dale] drove away, an officer stepped in front of the vehicle, putting himself in harm's way and in an attempt to justify their subsequent actions which included firing at Victor Dale in excess of 20 total times and striking him," Mr. Westmeyer wrote in the complaint.
The police failed to use less-lethal options and instead used excessive and unnecessary deadly force. Mr. Dale was hospitalized for his injuries, Mr. Westmeyer said.
The officers' misconduct occurred "because of the policy, practice, and custom of the code of silence among city of Oregon police officers," the lawsuit condtends.
"The Chief of the Oregon Police Department, along with other OPD brass were present for, ordered, encouraged, and condoned the use of force against unarmed, nonviolent person [sic] who were not presenting a threat or committing any crimes," Mr. Westmeyer wrote.
In November, officers Turner and Nitkiewicz each received a 30-day suspension without pay, though 15 of those days will be held in abeyance for one year, the department previously said. They were to also undergo additional training.
Because Officer Nitkiewicz was still on probation status from his June, 2019, hiring when the shooting occurred, his probation period was extended to May 1. At the time of the shooting, Officer Turner had been with the department since November, 2018.
Mr. Dale is scheduled to appear in Lucas County Common Pleas Court for a pretrial hearing for his criminal charges on July 27. He has been released on his own recognizance.
First Published June 16, 2021, 3:06pm
