Veteran sues DHS after video shows federal agent tackling him from behind at protest

fox19.com · By Ward Jolles, Andrew McMunn · 2025-09-02T17:39:39.176Z

PORTLAND, Ore. (KPTV/Gray News) - Video captured in Oregon shows the moment a federal agent tackled a man from behind during a protest outside of the Immigration and Customs Enforcement (ICE) facility in South Portland.The man in the video, Daryn Herzberg, said the incident was unprovoked and is now suing the Department of Homeland Security (DHS) through a tort claim.DHS, however, said Herzberg is stretching the truth.The video was taken Aug. 13, 2025, when Herzberg was leading a protest near the ICE facility.In the video, Herzberg is seen standing just to the side of the driveway into the facility, holding a portable speaker in hand, when ICE agents begin to walk down the driveway.Another federal agent in tactical gear is then seen slamming into Herzberg from behind and tackling him to the ground while other agents swarm around them.Tear gas is then deployed. It’s unclear what happens next.“I just got hit from behind,” Herzberg said. “I didn’t have any time to think.”Herzberg said he was then taken into custody and cited for “failure to comply.” He was released soon after but said he still has pain in his chest and shoulder from what happened.“I get sharp pains when I lay on my left or right side,” he said. “I can’t get sleep very well.”Herzberg, a veteran who served in Afghanistan, said he decided to begin protesting in February because he felt ICE was kidnapping his neighbors, and he wanted to continue serving his country.In another incident, just three days after he was tackled, Herzberg said he was targeted again by four DHS agents. Video from a balcony shows this incident as well.Herzberg said one of the agents in that incident told him, “You’re not talking s**t anymore, are you?”Herzberg said he was diagnosed with a concussion and had several cuts, scrapes and bruises.“They’re telling us that they’re afraid of us,” Herzberg said. “And clearly they are afraid of my voice.”After the two incidents were caught on camera, Herzberg decided to file a tort claim against DHS, asking for $150,000 in damages.Beyond the injuries, the lawsuit claims “Mr. Herzberg’s civil rights, including his First Amendment and Fourth Amendment rights, were violated during this incident.”A senior official at DHS offered the following response Wednesday night:“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. Furthermore, he has used fake blood to falsify injuries. He has repeatedly perpetuated and encouraged violence against the brave men and women of FPS and ICE.“Our ICE law enforcement is now facing a 1,000% increase in assaults against them. The men and women of ICE put their lives on the line every day to arrest violent criminal illegal aliens to protect and defend the lives of American citizens.”Herzberg said the official’s claims are “bogus” and said he never assaulted anyone, threw rocks at anyone or faked any injuries.Herzberg said he also has taken photos of his injuries to prove his claims.Herzberg said he hopes his lawsuit is successful and encourages other protestors to come forward, too.“I am not the only one,” Herzberg said. “I am one of many people who have been brutalized out here on the streets. They just happened to catch a good video of it.”Copyright 2025 KPTV via Gray Local Media, Inc. All rights reserved.