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Wednesday, September 3, 2008

James Jahar Perez: $350,000

The City of Portland is reportedly ready to enter into a settlement with the family of James Jahar Perez, the unarmed man who was shot and killed by Officer Jason Sery in a "pretext" traffic stop in 2004. The city will reportedly pay $350,000 (exactly when is unclear), and the survivors will receive periodic payments over an extended period of time. Mr. Perez reportedly had lots of issues, and may have been up to no good at the time he was killed. But as the settlement shows, he didn't deserve to die.

Officer Sery is now reportedly serving as a policeman in Beaverton.

Comments (9)

This is an interesting and obviously sketchy wrongful death situation. $350 k is probably 10 percent or less of what a jury would award. That tells me the family either a) doesn't have competent legal council; b) is stupid; c) has been told they can't win in court due to Mr. Perez's actions or d) all of the above.

I doubt a trial would cost the City less than $350,000 even if there was an award of $0 at the end.

Besides the tragic loss of life, it's worth remembering that Mr. Perez "issues" included two bags of cocaine in his mouth, and a lethal inability to follow the police officer commands.

For future reference, the best way to survive a traffic stop is to roll all your windows down (at least on the side where the officer is approaching), keep you hands on top of the steering wheel (unless instructed otherwise), don't make any sudden movements (or release your seat belt, open the glove box, reach under the seat, light a smoke), or get out of the car (again, unless instructed to). If you are polite and non-threatening, the likelihood of getting tased or shot drops considerably.

Not being black doesn't hurt either.

They killed squeaky 'cause he was black?

"But as the settlement shows, he didn't deserve to die."

I don't think Mr. Perez deserved to die either, but it was his own actions that evening which caused him to die. This settlement shows nothing other than a payoff by the City to avoid risk of a much larger payout in a trial. I believe that in most of these cases the city would still have to pay all attorney fees even if the defendant was to be awarded just one (Jack vs Palin) dollar. The attorney fees alone would easily exceed the settlement amount above.

I don't work for PPB and I don't know Sery, but I think trying to armchair quarterback this incident after a settlement is unproductive and unfair. I am much more impressed with how many critical situations PPB resolves without the use of deadly force, than all the attention given to the difficult very few calls that end badly. I feel sorry for the Perez family and for the family of Sery. If I was a PPB Officer I would not be in favor of these types of settlements to keep costs down, just because someone might later say "But as the settlement shows, he didn't deserve to die".

Mr. Sery is definitely working as a cop in Beaverton. I was surprised to see him during a traffic stop near SW Canyon Road and 217 a couple of weeks ago.

Note to Fairplay: Eldon Rosenthal is one of the most capable civil rights attorneys in the state of Oregon. Ask any of his opponents and they will agree.

Less than 2% of all federal cases go to trial. When all the facts are on the table, most parties will settle for a determined amount in order to end the case. Each side must determine its chances at trial. Settlement is a preferred outcome in the court system and they are REQUIRED to hold settlement conferences to avoid unnecessary trials that tax the court system's resources.

It is unfair to say that the family knew they would lose at trial and settled for six figures. It would be just as plausible to say that the city knew it's officers' actions and training were deficient and that a jury would give a much bigger award to the Perez family.

A note on Perez' problems: A bag of cocaine in his mouth was never a threat to the officers. He did not deserve to die, and never would have if these officers had not decided to pull him over after profiling him for driving while black in a car they thought was too nice for the neighborhood, then blindly escalating the force continuum to deadly force within 20 seconds of pulling him over.

I love how people make Officer Sery seem like some big, bad person. He is actually a very nice, calm guy who really cares about the community he patrols. He is the type of cop people always want- community minded, open to listening, caring, and really just an all around good person. Beaverton is very lucky to have him.

350K isn't that much money and I doubt the family would have been awarded any money in court. It makes sense for the city to settle as legal costs would have been high for this case.

It's great that he's joined us in beaverton, there are plenty more minorities on this side of the west hills!

"I love how people make Officer Sery seem like some big, bad person. He is actually a very nice, calm guy who really cares about the community he patrols. He is the type of cop people always want- community minded, open to listening, caring, and really just an all around good person. Beaverton is very lucky to have him."

Apparently he's also not above using deadly force at a traffic stop. He can be the nicest guy in the world, but that doesn't change the fact there's now a family missing a son, regardless of whatever socially unacceptable personal demons Mr Perez was harboring at the time.

Sery is a crook! I know that for a fact! This killer is a criminal himself. He either personally or with the help of 2 other officers stole 3000.00 dollars from me during an arrest they made of me. This was money that I would have ended up forfeiting anyhow but it was money that never was put into my property. I laugh at the stories of his teaching at a Church. What a fake! Well maybe his God allows him to break the laws and be dishonest. I wouldn't be surprised if Sery planted that dope on Perez. My sympathies to the Perez family and all past and future victims of Sery's!




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