During a break in a public hearing on US DOJ v. City of Portland on October 25, 2016, justice activist Roger David Hardesty was tackled and arrested by security guards in the courtroom of Federal Judge Michael Simon and before his clerk Mary Austad.
Arrest occurs at 1:30 in the file above. There is no audio available with the security camera video.
As directed by Judge Simon earlier in the hearing, Hardesty was waiting in line with others at Austad’s desk to sign up to testify before the court when he was pulled from the line by security guards, thrown to the floor and shackled. Federal attorneys, attorneys for the city of Portland, court staff, Mayor Charlie Hales, Commissioner Amanda Fritz, members of the media and dozens of justice activists witnessed the arrest. Judge Simon did not; he had left the courtroom moments prior to his security guards moving in on Hardesty. It’s unknown whether Hardesty’s arrest was directed by Simon or Austad. Hardesty was removed from the Mark O. Hatfield Federal Courthouse by guards, cited and released.
In January, Hardesty pleaded guilty to an unknown charge and paid a small fine.
The Status Conference was to discuss the progress of the Portland Police Bureau in it’s response to the DOJ’s finding in 2014 that the Bureau had a pattern and practice of harming people with mental illness. According to PPB Force Data Summary Reports and despite elaborate efforts by the police and community, there has been no reduction in force against people with mental illness to date.
Charges against Hardesty were dismissed on 6 January, before Magistrate Judge Youlee You.
Order for 25 October arrest was issued by Judicial Security Inspector Robert Enderson, based on false statement offered by Deputy US Marshal Jesse Lindstrom, corroborated by Inspector Karl Knobbs. The others, unnamed in the surprise attack, were identified as members of Federal Protective Service.
At issue, under Code of Federal Regulations §102-74.390, was whether Hardesty had created a ‘loud or unusual noise’ on Federal property.
Negotiations between state security agents and Federal Public Defender Lisa Hay, representing Hardesty impromptu at arrest (entering video at 6:23), revealed Homeland Security does not report to the Judiciary. Had District Judge Michael H. Simon again called for Hardesty’s testimony on City non-compliance with USA v City of Portland, Enderson was prepared to refuse to allow it.
Violation of Federal this regulation did not permit a jury trial. Hardesty’s case would have been heard by Judge You. Testimony against him would have been supplied by security agents with whom she is in daily contact, and who have responsibility for protecting her life.