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

PORTLAND Ore. (KPTV) - New video obtained by FOX 12 shows the moment a federal agent tackles a man from behind during a protest outside of the Immigration and Customs Enforcement (ICE) facility in South Portland.

Daryn Herzberg, the man in the video, said the incident was unprovoked and is now suing the Department of Homeland Security (DHS) through a tort claim. However, DHS claims Herzberg is stretching the truth.

The video comes from August 13, 2025, when Herzberg was leading a protest near the ICE Facility. 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.

Then, another federal agent in tactical gear is seen slamming into Herzberg from behind and tackling him to the ground, while other agents swarm around him. Tear gas is then deployed and it’s unclear what happened next.

“I just got hit from behind,” Herzberg said. “I didn’t have any time to think.”

Herzberg claims he was taken then into custody and cited for “failure to comply.” He was released soon after but he says he still feels the pain from what happened.

“From right here to here it’s still aching,” Herzberg said gesturing to his chest and shoulder. “I get sharp pains when I lay on my left or right side. 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 his service to the country.

In another incident just three days after he was tackled, Herzberg claims he was targeted again, this time by four DHS agents. Video from a balcony nearby shows this incident, too.

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 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 to FOX 12 on 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 called the official’s claims “bogus,” and said he had never assaulted anyone, thrown rocks at anyone or faked injuries. Herzberg also offered photos of his injuries to prove his claims.

FOX 12 asked DHS about the evidence Herzberg provided, but we have not heard back yet.

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.”

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