Frank Waterhouse is suing for unlawful seizure with excessive force, alleging that police fired a Taser and bean bag rounds at him on May 27, 2006 because he was videotaping their search of a friend's property in the 5800 block of Northeast Portland Highway.
Police officers followed a police dog onto the property during a search for a fleeing suspect. After the dog keyed on a car, officers broke out a window. Upset residents, insisting no one had run onto their property, started to videotape the police search.
When one woman was told to stop recording, she gave the videocamera to Waterhouse. He walked to the edge of the property, climbed up a dirt embankment and continued to record. At one point, he yelled to his friend, "Yes, I got it all on film. They had no right to come on this property."
He says in the suit that police immediately came after him, and yelled at him "put it down." Officers moved towards him, and he said, "Don't come after me." Waterhouse said seconds later he was shot with a bean bag gun and a Taser and fell to the ground.
Officers wrote in their reports that Waterhouse ran off, they chased and then bean-bagged and Tasered him. One officer wrote, "He had refused to drop the camera which could be used as a weapon."