The Portland City Council on Wednesday approved spending $50,000 to settle an invasion of privacy lawsuit brought against the Police Bureau by a former Washington County sheriff’s deputy.
The suit stems from a 2015 domestic violence investigation gone wrong, according to a settlement memo prepared by city officials for the mayor and commissioners’ offices. The Oregonian/OregonLive obtained a copy of the confidential memo Thursday.
A male Washington County patrol deputy was accused of “domestic assault” against a female jail deputy, and the agency asked the Police Bureau to investigate. The woman gave Portland detectives access to data on her cell phone as a part of that investigation, and they entered it into the criminal case file. (The Oregonian/OregonLive does not name victims of domestic violence.)
The patrol deputy ultimately pleaded guilty to three crimes for strangling and mistreating the woman, who has since left her Washington County job.
In 2016, the Washington County Sheriff’s Office asked for the file in order to investigate another sheriff’s office employee. The victim protested against handing over the data, which contained nude photographs.
The city memo states Portland detectives “were aware” that the victim was “concerned about the photos being seen.” Detectives transferred the data anyway, believing they had no choice but to comply with Washington County’s request.
No one but investigators saw the photos, but the memo states the woman’s “situation as a crime victim” and state law against invasions of privacy mean “there is a possibility that she could be awarded emotional distress damages and attorney’s fees by a jury at trial.” The potential liability made settling a smart choice, the memo states.
The Washington County Sheriff’s Office agreed to reimburse Portland for $10,000 of legal expenses once the case settled.
-- Gordon R. Friedman