PORTLAND, Ore. — The family of Manuel Garza, a 32-year-old Wilsonville man who was shot and killed by an armed security guard near a Portland preschool in May, has filed a wrongful death lawsuit seeking more than $15 million in damages.
The lawsuit, filed Thursday in Multnomah County Circuit Court, accuses the security guard, his employer, and the Gan Jewish Preschool of negligence and excessive force in the shooting that took Garza’s life.
The incident occurred on May 8 near the 6600 block of Southwest Capitol Highway, outside the Gan Jewish Preschool. According to investigators, Eric Salisbury, a licensed armed security guard employed by a private firm contracted by the preschool, reported that Garza drove quickly through the school’s parking lot and then entered the adjacent Fanno Creek Medical Clinic lot.
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Salisbury confronted Garza soon after. Body camera footage released later by the Multnomah County District Attorney’s Office shows Garza exiting his car and walking toward Salisbury. The two exchanged words before Salisbury placed his arms around Garza’s neck in what appeared to be a chokehold. Moments later, Garza tackled Salisbury, and the two men wrestled on the ground. During the struggle, Salisbury fired his gun at close range, striking Garza in the stomach.
Garza was transported to a hospital but died from his injuries on May 23, about two weeks after the shooting.
In June, the Multnomah County District Attorney’s Office announced it would not file criminal charges against Salisbury, ruling that the shooting was an act of self-defense. Prosecutors said the available evidence, including body camera footage and witness statements, supported Salisbury’s claim that he feared for his safety during the altercation.
However, Garza’s family disputes that conclusion. In their wrongful death lawsuit, they argue that Salisbury acted recklessly and unnecessarily escalated the encounter. The suit claims Garza was experiencing a mental health episode that day — something he reportedly dealt with periodically — and was simply driving around while listening to music “to calm himself down.”
According to the lawsuit, Garza “was not breaking any laws or disturbing the peace” before Salisbury followed him into the neighboring parking lot. The family contends that Salisbury “had no business being there and had no authority to provide security services” beyond the preschool’s property.
The filing further alleges that Salisbury was the aggressor, stating that he “initiated the first physical contact by grabbing Manuel’s neck in a chokehold.” The confrontation quickly intensified, and the complaint asserts that Salisbury “failed to deescalate the situation, failed to contact law enforcement, and failed to warn the preschool of any actual threat.”
The family claims Garza was “cornered in the Fanno Creek lot and had no option but to defend himself from the fast-approaching, armed, and yelling Salisbury.”
Their attorney argues that Salisbury’s use of deadly force was unnecessary and violated professional security standards. The lawsuit names Salisbury, his employer (the private security company), and the Gan Jewish Preschool as defendants, asserting all three bear responsibility for Garza’s death.
The family is seeking $15,210,000 in damages — a figure meant to cover both economic losses and emotional suffering.
“Manuel’s life was taken unnecessarily,” the lawsuit states. “The defendants acted with recklessness and disregard for the value of human life.”
The filing also challenges the DA’s earlier ruling of self-defense, arguing that the investigation failed to fully consider Garza’s mental health struggles and the security guard’s decision to pursue him outside his assigned area.
Community members and mental health advocates have since raised broader concerns about the role of armed security guards at schools and whether they receive sufficient de-escalation and crisis intervention training.
The Gan Jewish Preschool has not publicly commented on the lawsuit. The security company also declined to provide a statement, citing ongoing litigation.
Garza’s sister, Melissa Garza, who filed the suit on behalf of the family, said they are seeking justice not only for her brother but to prevent similar tragedies. “Manuel didn’t deserve to die this way,” she said in a prepared statement. “He needed understanding and help, not a bullet.”
The family’s attorney said they hope the case will prompt policy changes in how private security guards are trained and supervised, particularly around mental health crises.
As of now, the court has not scheduled a hearing date for the case.
