PORTLAND, Ore. (KOIN) — The family of a man shot by a deputy during a traffic stop in Hazel Dell has filed a wrongful death lawsuit against Clark County, alleging a civil rights violation and a pattern of excessive force used by its law enforcement officers.
Jenoah Donald, 30, was shot Feb. 4, 2021, by Clark County Sheriff’s Office Deputy Sean Boyle following a traffic stop near NE 68th Street and NE 2nd Avenue. Investigators said he was shot after a “struggle” with deputies while he was pulled over.
Donald died a week later after being taken off life support.
The Vancouver Police Department was the lead agency investigating the shooting that involved three Clark County deputies in total: Deputy Boyle, Deputy Holly Troupe and Deputy Greg Agar.
The suit, filed Thursday morning, alleges assault and battery, negligence and deprivation of civil rights. It claims deputies violated Washington state law by pulling over Donald for suspicion of drug use under the pretext of a defective rear light, making it a “pre-textual stop.”
“Clark County has a policy, custom, and established practice of failing to train its officers to use deadly force only as a last resort,” the lawsuit alleges, referencing other officer-involved shootings that happened in the county, including one that ended with a Clark County deputy shooting an off-duty Vancouver police officer.
Months after the shooting, a prosecutor review into Donald’s death said that the deputy’s use of force was “in good faith.”
Donald’s mother Susan Zawacky said in the press release announcing the lawsuit, “Our hope is that truth and justice prevail, people are held accountable, and things change.”
Zawacky also noted “my son’s not coming back, he was shot in the head by a Clark County sheriff after he complied. Something’s gotta change.”
Attorney Mark Lindquist said “had these deputies practiced just elementary de-escalation techniques, we wouldn’t be here Jenoah would still be alive.”
KOIN 6 reached out to the Clark County Sheriff’s Office and was told they don’t comment on pending litigation.