Oregon student sues after police shot him while he escaped brother, lawsuit says

An Oregon college lacrosse player has filed a federal civil rights lawsuit alleging police shot him at least five times as he escaped an encounter in which his brother held him at knifepoint. The case, filed Wednesday, accuses Albany police of using excessive force against Maverick Lyon during the Jan. 6 incident at his family’s home.

According to the lawsuit, Lyon’s parents, David and Laura Lyon, contacted a Benton County probation officer on Jan. 5 to report that their elder son, Dakota, had resumed using drugs and was behaving dangerously toward relatives. They asked that he be taken into custody, but the county declined, the complaint alleges. The following day, David Lyon called police after seeing Dakota threaten Maverick with a knife on the home’s security video.

Maverick picked up a separate knife to defend himself and escaped through the back door, according to the complaint filed by attorneys at Stritmatter Law. The lawsuit says officers surrounding the house could distinguish the brothers through a window and saw Maverick mouthing a plea for help. It also alleges that officers knew Dakota and understood that Maverick was the victim.

The complaint says police instructed Maverick to leave the house and drop his knife. It alleges officers then shot him in the chest, back and face after he had complied and no longer posed a threat. While he lay bleeding, officers ordered him to roll over for handcuffing instead of providing medical assistance, the lawsuit says.

The police department gave a different account in a statement issued after the shooting. It said officers responding to a domestic disturbance encountered someone with a knife and that two officers fired, striking that person. The department said officers immediately provided medical care while awaiting emergency personnel.

Lyon spent four weeks hospitalized and underwent major operations, according to the lawsuit. His attorneys said surgeons removed half of his right lung, along with his spleen and appendix, and performed extensive reconstruction of his digestive system. His parents said they had called police to protect him and instead were left fearing he might not survive.

Benton County District Attorney Ryan S. Joslin previously determined that the shooting was justified following an investigation. He said the officers reasonably believed firing was necessary to protect themselves or other officers. Joslin said the assessment had to reflect what officers knew and perceived at the moment, when they had only fractions of a second to act. His office did not immediately respond to a request for comment.

Dakota Lyon was subsequently sentenced to more than six years for the incident involving his brother. Eugene television station KVAL-TV reported that he acknowledged responsibility and that his attorney said he wished he could have taken the bullets himself.

The lawsuit seeks damages and a jury trial on allegations including excessive force, battery, negligence and a violation of Maverick’s Fourth Amendment rights. Benton County declined to comment on pending litigation, and Albany, also named as a defendant, did not immediately respond to a request for comment. Maverick’s parents said they support the case and want accountability, answers and changes to prevent similar experiences for other families.