Oregon Public Broadcasting | By Troy Brynelson | March 4, 2026
A Marine veteran who was tackled by a federal officer during protests at the U.S. Immigration and Customs Enforcement facility in Portland filed an excessive force lawsuit on Tuesday.
It’s the first of what could be many legal claims lodged against the Trump administration for tactics at the embattled facility, where demonstrators have staged protests of fluctuating sizes since last spring.
Daryn Herzberg, 35, claims federal officers targeted him twice in August despite being “peaceably assembled” at the facility. Herzberg has been a fixture at the demonstrations, often seen with large speakers where he blasts music and commentary from protesters.
The first incident, on Aug. 13, was caught on cellphone video and quickly spread online. The video shows Herzberg standing by the driveway before a federal officer comes into frame from the left, tackling Herzberg from behind and pushing him into the ground.
Another angle of the incident came to light in November as part of the lawsuit challenging the Trump administration’s attempt to send in members of the National Guard. That video, captured by security cameras attached to the ICE building, showed federal officers using the facility’s side exit, running behind Herzberg and tackling him.
“All of a sudden I’m just flying across the driveway,” Herzberg told OPB. “It was kind of scary.”
The incident bruised him to the point that it hurt to breathe, he said. Herzberg said he was diagnosed with chest contusions at the Veterans Affairs Emergency Room.
A U.S. Department of Homeland Security spokesperson defended the agents’ tactics in a prepared statement days later. The spokesperson told KPTV in Portland that Herzberg “used fake blood to falsify his injuries” and “repeatedly perpetuated and encouraged violence” against federal officers.
Three nights later, according to Herzberg, he went down the facility but kept a safer distance.
“I was more reserved that night just because I was hurting,” he said. “I saw agents start coming from the side gates and from the front gates, so I’m backing way up to the point that I’ve left [federal] property.”
Herzberg claimed in his lawsuit that a federal officer again tackled him. This time, Herzberg said, his head hit the ground and left him with a concussion. He said the agent told him: “You’re not talking shit anymore, are you?”
Both incidents landed Herzberg with federal criminal charges. He was cited on Aug. 13 and 16 for four petty offenses, including trespassing on federal property and throwing “articles of any kind from or at a building.” Herzberg said he was throwing dog treats over the fence and calling federal officers “lapdogs.”
While many protesters have settled their citations by promising to pay a couple hundred dollars and keep their distance from the facility, Herzberg told OPB he planned to fight the charges.
“Why should I have to pay a fine when they violated my rights? Why are there any punitive or monetary measures against me?” he said.
Herzberg has also been cited by the Portland Police Bureau for second-degree disorderly conduct at the facility. He has pleaded not guilty.
