Date of Offense
Offense(s)
Official Statement
In Barror, the court record describes an August 6, 2019 incident beginning with a 911 traffic complaint that a gray Chevy Silverado near St. Helens was reportedly traveling about 100 mph and passing vehicles in the center lane. Oregon State Police troopers pursued the vehicle and called for cover; Raethke responded after hearing a broadcast that the driver had possibly aimed a firearm at another driver.
The material excessive-force allegation concerned what happened after the officers removed Barror from the vehicle. The court record states that once Barror was facedown on the ground, Raethke delivered knee strikes while officers were trying to get Barror’s arms behind his back. Trooper Travis Killens reportedly intervened, telling Raethke words to the effect of “He’s good” and that no further force was necessary.
The court concluded that reasonable jurors could disagree about whether Barror was actively resisting or only passively/static-resisting, and whether Raethke’s use of force was reasonable. The court recommended denial of summary judgment on the Fourth Amendment claim against Raethke, but recommended summary judgment for the City on Barror’s Monell failure-to-train claim.
Raethke later moved for summary judgment on qualified immunity. Judge Adrienne Nelson denied that motion on March 18, 2024, holding that the law was clearly established that an arrestee has a right to be free from non-trivial force while engaged in passive resistance, that knee strikes are non-trivial force, and that Raethke was not entitled to qualified immunity on the record as construed for summary judgment.
