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Judge finds city of Portland in contempt over use of less-lethal munitions during protest

U.S. District Judge Marco Hernandez ruled that Portland police officers violated his order restricting the use of less-lethal munitions three times on June 30.

PORTLAND, Ore — A federal judge on Monday found the city of Portland in contempt for the way police officers responded to a protest earlier this year.

U.S. District Judge Marco Hernandez ruled that Portland police officers violated his order restricting the use of less-lethal munitions three times when they tried to clear protesters outside the Portland police union’s headquarters during a violent, chaotic night on June 30.

Portland police were barred from using tear gas, except for circumstances in which someone’s life or safety is at risk, according to an order issued by Judge Hernandez on June 9. On June 26, the judge issued another order restraining police from using other less-lethal munitions, including pepper spray, on people engaged in passive resistance.

The group Don’t Shoot Portland filed a lawsuit against the city alleging that officers violated the court order nine times during the June 30 protest when they used less-lethal munitions.

Portland police declared a riot that night after they said protesters threw commercial-grade fireworks, baseball-sized rocks, full cans and water bottles at officers. Five officers and a criminalist were injured, according to the police bureau. Police Chief Chuck Lovell said the officers responded appropriately to protect people who lived in the area.

RELATED: 29 arrested after Portland police declare demonstration outside union headquarters a riot

The judge will meet with both sides again to determine if any sanctions will be issued.

Portland Mayor Ted Wheeler released a statement in response to the judge's ruling:

"I want to thank the Court for its thoughtful opinion," said Wheeler. "I am committed to improving policing in our city. Where the Court found errors we will implement changes. The ruling is another important tool to help us respond to our community’s call for reforms of our public safety system.

"The Court also acknowledged that police sometimes work in chaotic and difficult situations that can pose a risk of injury to officers. I want to thank the employees of the Police Bureau for their service to the city in these difficult times and for their commitment to improving how we serve the public."

The Portland Police Association declined to comment on the judge's ruling. 

KGW reached out to the city attorney's office for comment. We have not heard back.

Read the judge's order

RELATED: Environmental groups sue over Portland tear gas use

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