Judge allows psychedelics enthusiast to sue Oregon police for letting him 'ride out his high' after roommate called 911, claims cops were afraid of potential race riots

A federal judge has ruled that a lawsuit against the West Linn Police Department in Oregon can proceed, alleging officers should have entered the home of a man reported to be hallucinating on mushrooms and who later set himself on fire.

Michael A. Relloque IV was a double major in philosophy and film during his studies at Pacific University. During his studies, he undertook a capstone project on the relative benefits of psychedelic drugs. The project "was a philosophical investigation of the science of psychedelics," in which Relloque argued "that there is evidence that further and less constrained research into psychedelics will yield theoretical and practical benefits in both philosophy and science, and that properly objective scientific and philosophic study is justified and needed."

His attorney has argued that officers hesitated to intervene in the November 2020 incident due to concerns stemming from racial protests that year, following the deaths of George Floyd and Breonna Taylor. However, attorneys for West Linn police maintain officers were unaware of Relloque’s race on the scene.

US District Judge Michael H. Simon dismissed claims that police discriminated against Relloque or intentionally caused him distress in their handling of the situation but allowed the case to move forward on other grounds.

The incident began when Relloque’s roommate, Melissa Birdwell, called 911 around midnight on November 14, 2020, while hiding in her bathroom. She reported that Relloque was possibly on drugs, was naked, and had kicked the door to get into her bedroom. She also described smelling burnt skin and hearing him shout, “I am God!” as well as what sounded like an electric hair clipper, a report by Oregon Live noted.

Birdwell managed to escape while on the phone with a dispatcher. When officers were dispatched for a “behavioral health” call, she told police she had seen her roommate with what appeared to be burns or blood on his arms and ash on his chest. She informed police that Relloque had likely taken mushrooms and was hallucinating.

One of the officers reportedly asked for Relloque’s race, which police said was in the course with other general questions asked, such as age and name. Birdwell responded by saying she was not sure but that he may be Hispanic.

Officers attempted to contact Relloque for over an hour using a PA system and ringing the doorbell, according to Sgt. Todd Gradwahl’s deposition. Gradwahl called his supervisor, Capt. Oddis Rollins, and said he was inclined to “disengage” and back away from the house instead of making a forced entry. 

“We felt that if we entered the house … we could make the situation worse,” Gradwahl explained in his deposition. 

Birdwell noted that police advised her to let Relloque “ride out his high” in the house for the night and that she should find somewhere else to stay. In her deposition, she testified that officers told her they did not want to use excessive force “in lieu of the current like state of the police riots and all of that.” 

Inside the house, Relloque was reportedly meditating by the fireplace when, according to his attorney, he “came to while physically in the fireplace” after smoking cannabis. Relloque said he lost control of his body as he lacked sleep and had been fasting.

The following morning, Birdwell called police again after discovering a severed finger in the home. Officers later found mushrooms inside the residence. Relloque was located about 50 miles away from West Linn, disorientated and severely burned, at around 6:30 am. An ambulance transported him to Legacy Emanuel’s burn center in Portland.

Relloque had burns on up to 30 percent of his body, the judge’s opinion said. All but two of his fingers were burned or amputated. The lawsuit, filed in 2022, claims West Linn police failed to provide necessary care when responding to the initial call. 

“The WLPD was obligated under their community care taking function to locate Relloque and determine whether he needed medical care,” his attorney, Beth Creighton, argued.

West Linn police responded by saying Relloque’s injuries were “undisputedly self-inflicted.” They also argued his severe burns “were not reasonably foreseeable” with the information known at the time. 

Creighton, however, accused police of altering an initial report by Officer Matthew Goode, which originally stated that officers were “very concerned” Relloque “was a danger to himself” and had “possibly overdosed on mushrooms.” The initial report also said people under the influence of mushrooms can be a danger to themselves or others due to their “extremely unpredictable state.” However, the report was revised after Relloque was discovered the next morning to say officers lacked knowledge he was an “immediate danger to himself.” Police explained the revisions, saying Gradwahl had reviewed the initial report and reminded Goode to ensure it was “provable” and not speculative.

Judge Simon determined that when Birdwell first called the police, Relloque had sustained “some burns” but had not yet suffered the full extent of his injuries.

“If the burns to his hands when Birdwell saw him were as severe as they had been when he was hospitalized, he likely would not have been able to use hair clippers,” Simon said, as Relloque had cut off his hair during the night. 

Simon ruled it remains a matter for trial to determine whether police could have “actually foreseen” the harm Relloque suffered. “If Relloque had received medical treatment earlier, his injuries may have been less severe,” the judge wrote.

While allowing the case to proceed, Simon ruled that there was no evidence police discriminated against Relloque because of his race. He also stated he would not permit exhibits at trial about the deaths of George Floyd or Breonna Taylor.