PORTLAND Ore. (KPTV) - A federal lawsuit is moving forward after the Department of Homeland Security declined to settle a claim involving a Portland protester who was tackled twice by federal agents last summer.Video from an August 13 incident shows the man, Daryn Herzberg, being knocked to the ground during a protest outside Portland’s ICE facility — an encounter his attorney describes as excessive force. He is also seen being tackled in another incident that was caught on camera on August 16.The case is now headed to federal court.Previous Coverage:Attorney Michael Fuller, who represents Herzberg, says the lawsuit was formally filed after DHS denied the administrative tort claim and allowed the legal team to proceed.The August 13 incident garnered significant attention, both in the news and in court. Videos of the incident were shown in ongoing legal proceedings in federal court in Portland, where plaintiffs are alleging excessive force and inappropriate use of chemical munitions.In the video, Herzberg, a U.S. Marine veteran, was standing at a protest when he was tackled from behind by a federal agent.“He’s just standing there and he gets bum rushed from behind by a federal agent and tackled to the ground,” Fuller said.The lawsuit alleges battery and unconstitutional use of force, arguing the contact was unwanted and caused injury. Under civil law, battery is defined as unwanted offensive contact.“He was tackled from behind, slammed into the ground, had to go to the emergency room,” Fuller said.Fuller says the legal team first submitted a tort claim to the federal government — a required step before filing suit — and that officials later issued a standard denial letter, clearing the way for litigation. He said in his experience federal agencies rarely settle civil rights claims at that stage.Federal authorities have also filed criminal charges against Herzberg stemming from the same encounter, including obstructing the driveway of the facility, not following posted signage and throwing objects at the building. The crimes are considered petty crimes and carry a maximum sentence of six months in prison.Herzberg is scheduled to appear in federal court on the three charges Friday morning.Fuller called the charges “bogus” and “retaliatory,” saying the video contradicts allegations that Herzberg resisted arrest.The case is now playing out in federal court, where attorneys say the footage from the protest is being used as evidence in ongoing proceedings. Fuller said the matter could ultimately proceed to trial if it is not resolved beforehand.In a statement to FOX 12 Wednesday, a DHS spokesperson provided the following statement:“The person believed to be in this video is well-known for acts of violence outside the ICE facility in Portland, including throwing rocks and other objects at the building and personnel, agitating other rioters into violent actions, shouting inappropriate phrases and yelling at officers, assaulting officers, refusing to obey commands, and resisting arrest. He has repeatedly perpetuated and encouraged violence against the brave men and women of FPS and ICE.”“Border Patrol Agents are highly trained and required to meet the highest standards of professionalism and law enforcement capability. Many of our agents have backgrounds in the military or local law enforcement and Border Patrol agents receive extensive federal law enforcement training, at FLETC training centers, just as ICE officers do. The disgusting attempts by the media to say these agents are not trained to enforce the law is shameful and laughable.“Every use of force incident and any discharge of an CBP firearm must be properly reported and reviewed by the agency in accordance with agency policy, procedure, and guidelines. All shootings are initially reviewed by an appropriate law enforcement agency. Following a review of the incident by the appropriate investigative agency, CBP will conduct an independent review of the critical incident.”In a previous statement, DHS suggested Herzberg “had faked” injuries and blood. However, that allegation was left out of the updated statement.Copyright 2026 KPTV-KPDX. All rights reserved.