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Teen stabbed in racially-motivated attack on MAX train sues city of Portland for negligence

The lawsuit alleges Adrian Cummins should have been locked up in jail when he stabbed the 17 year old last September.

PORTLAND, Ore. — One of the young men stabbed in a racially-motivated attack on a MAX train last fall is now suing the city of Portland, alleging the suspect should have been behind bars at the time of the assault.

Court documents show the plaintiff, Damien Morin, alleges negligence and is seeking $8 million from the city after Adrian Cummins shouted racial slurs at him and at his friend before stabbing them.

The attack started on the MAX and continued onto the platform at the Southeast Flavel Street stop in the Lents neighborhood around 5:45 p.m. on Sept. 2, 2023. Investigators said Cummins stabbed two Black teenage boys, both 17 years old, because of his perception of their race.  Cummins yelled a racial slur at Morin and his friend, then he attacked them with a knife. Morin, who was stabbed in the chest, nearly lost his life. Doctors found bleeding around his lungs which required surgery. 

A judge sentenced Cummins, 26, after he accepted a plea deal in March. Cummins pleaded guilty to four charges in the attack, including second-degree attempted murder, second-degree assault, first-degree attempted robbery and first-degree bias crime, Multnomah County District Attorney's Office said. 

Cummins is currently in prison serving his sentence, and his earliest release date is set for January 2040. 

The new lawsuit claims the convicted felon with an active arrest warrant should have been locked up in Multnomah County jail when he stabbed Morin.

The lawsuit points to two incidents involving Cummins. The first incident was a fight on a MAX train in April 2023, where officers said they found a firearm and silencer belonging to Cummins. The second incident happened last July when Cummins was accused of pulling a knife on a private security officer at Union Station.

In both cases, Portland police charged or cited Cummins, but he didn't show up for his August 2023 court date, which prompted an arrest warrant. Court documents stated Cummins was supposed to be arrested and held until his next scheduled appearance at the end of September. However, he was stopped by police and released twice before the MAX attack, according to the lawsuit. 

KGW reached out to the city of Portland, which declined to comment on the lawsuit. Morin's attorney would not comment on the pending litigation either.

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