The county Board of Commissioners approved the settlement in a 4-0 vote on Thursday without discussion. The agreement now goes to U.S. Magistrate Judge Stacie F. Beckerman for formal approval.

The lawsuit, filed in November 2020, alleged that Portland police and federal officers repeatedly fired tear gas during months of demonstrations that followed the May 25, 2020, killing of George Floyd by Minneapolis police. The gas drifted into the Multnomah County Detention Center, seeping through vents and filling cell modules, while people inside had no way to escape or stop it.

"Night after night, the people in this class were locked in their cells while tear gas came through the vents, with nowhere to go and no way to make it stop," said Nadia Dahab, one of the lawyers representing the prisoners. "Many of them told us they feared for their lives and felt forgotten — locked away, out of sight, while the city outside was in turmoil."

Last fall, Beckerman ruled that the case could proceed against the county, then-Sheriff Mike Reese and two former corrections supervisors. She denied the county's motions to dismiss and found that the defendants were not entitled to qualified immunity, the legal doctrine that shields government officials from civil liability unless they violate clearly established rights.

In a 180-page opinion, Beckerman cited evidence that entire modules of prisoners were screaming, choking, coughing and begging for help, pounding on and kicking their doors as a thick fog of tear gas permeated the jail. Prisoners reported being unable to breathe and suffering painful exposure for more than a month. They also said they were denied extra showers, clean clothes or linens after their jail scrubs and blankets were drenched in tear gas.

Multnomah County counsel Christopher Gilmore, representing the county and the sheriff's office, argued that the protests and the COVID-19 pandemic created extraordinary barriers to evacuating the jail. He wrote that Reese rejected an evacuation because of COVID-19 risks, concerns about housing violent offenders in open dormitory settings elsewhere, the need for medical and mental health care available at the downtown jail, and logistical difficulties posed by the protests outside. Gilmore also contended that the county took reasonable steps to minimize harm and that the tear gas use was intermittent and dissipated once sprayed on the ground.

The settlement covers people who were in custody at the downtown jail and exposed to tear gas at any time between May 29 and July 29, 2020.

"For more than five years, these class members have waited for someone to take seriously what happened inside that building," said attorney Joe Piucci, another lawyer for the plaintiffs. "We're grateful the County chose to resolve this case, and we look forward to getting this money into the hands of the people who lived through it."

The county board approved $594,224.88 toward the settlement, with the remainder covered by the county's insurance carrier. County spokesperson Denis Theriault declined Friday to comment while the settlement awaits court approval.

If Beckerman grants preliminary approval, class members will receive notice explaining the settlement and how funds will be distributed. People who believe they may be class members can contact class counsel at info@sugermandahab.com or info@piucci.com.