TOLEDO, Ohio — Editor's note: The above video is from October 2020.
A Toledo man who was shot by Oregon police last year after driving his car at them is suing the city of Oregon and two officers.
Victor Dale Jr. and attorney Joseph Westmeyer filed the civil rights lawsuit Monday in U.S. District Court in Toledo. Dale is asking for compensatory damages, punitive damages, changes in departmental policies, and attorney fees associated with the lawsuit.
Dale and his attorney claim in the lawsuit that Oregon police officers Joel Turner and Logan Nitkiewicz used excessive force when they fired 21 shots at Dale in June 2020. Officers were called to Kingston Apartments in Oregon to a potential domestic violence dispute and breaking and entering.
An investigation later determined most of the 21 shots were not justified and the officers were suspended without pay, but not charged with any crimes.
According to the lawsuit, officers began questioning Dale "even though he did not fit the description" of the alleged suspects from two 911 calls. Body camera video shows Dale driving his car away from the scene and officers firing several times.
Footage from the body cam worn by Turner, at whom Dale is seen driving his vehicle, shows Dale and his girlfriend talking and they said they were not fighting, but were having a discussion about their daughter.
After this, Dale is seen getting in the vehicle and driving toward Turner, then shots are fired. Dale drove off and officers ran in the direction of the vehicle. Dale was ordered out of the vehicle. He then opened the driver's door and slumped bloodied to the ground.
The lawsuit claims the officer intentionally stepped in front of the vehicle to justify shooting, and the officer "put himself" in harm's way.
In the video, officers handcuffed Dale and began rendering medical aid. Dale was taken to a hospital and later released.
Turner was treated for minor injuries, and according to police, Dale did not have a gun.
No charges were filed against the officers, but Turner and Nitkiewicz were suspended without pay after the department concluded only one, two, or three shots from each of them were justified, and the rest were not.
Earlier this month, Dale pleaded not guilty to two felony charges of attempting to harm officers.