The family of 44-year-old Bobby Smallwood, a security guard who was tragically killed at Legacy Good Samaritan Medical Center in Portland, Oregon, in July 2023, has filed a $35 million wrongful death lawsuit against the hospital and its parent company, Legacy Health.

The lawsuit accuses the hospital of negligence and failure to enforce safety protocols that could have prevented the fatal shooting.

On July 22, 2023, Smallwood was on duty at the hospital when he was fatally shot by PoniaX Kane Calles, a man who had been staying at the hospital with his partner who was giving birth. In the days leading to his partner’s delivery, Calles exhibited threatening behavior that staff at the hospital repeatedly ignored.

On the morning of Smallwood’s death, security guards searched Calles’ partner's room and found two firearms. Despite this, hospital management took no immediate action to determine if Calles was carrying additional weapons.

Later that morning, staff learned there was likely a third weapon in Calles’ possession, but Smallwood was only informed minutes before the confrontation. As Smallwood began escorting Calles out of the facility, other staff members approached, at which point Calles turned and shot Smallwood in the neck.

The lawsuit also alleges that staff delayed calling a “Code Silver” (an active shooter alert) and that medical care for Smallwood was not initiated until eight minutes after he was shot.

Calles fled the scene, prompting an extensive police search and lockdowns at the hospital and a nearby store. Authorities eventually located Calles in Gresham, where a standoff ended with police fatally shooting him.

Reports indicate that Calles had an extensive history of arrests in Oregon. Among his charges were interfering with a peace officer, reckless driving, trespassing, disorderly conduct, and several assault charges. In 2015 Close Street Supervision, a pretrial release monitoring program in Multnomah County, determined that Calles was a threat to the safety of the community. They also indicated that he was expected to re-offend.

The Smallwood family’s lawsuit, which was filed in Multnomah County Circuit Court earlier this month, highlights systemic security failures at Legacy Good Samaritan. Among these failures was having insufficient metal detectors at the hospital that could have prevented the shooting. The investigation determined that despite rising concerns over workplace violence, only one hospital entrance was equipped with a metal detector.

The lawsuit also claims that Legacy discouraged staff from reporting violent incidents, even as they increased through 2022, a year before Smallwood was fatally shot.

Additionally, Calles reportedly made threats against hospital staff in the days leading up to the shooting. Despite his threats, he was repeatedly allowed to remain on-site. The lawsuit explains that in the days before his partner was to give birth, Calles became aggressive with staff and security, even attempting to break down an operating room door.

The next day, Calles’ threats continued. After demanding the removal of his newborn son's ID bracelet, he reportedly threatened staff, “If you guys keep acting like this, someone is going to get killed around here.” A nurse triggered a panic alarm, but Calles was again allowed to stay.

Smallwood’s family is seeking up to $30 million in noneconomic damages and $5 million in economic damages. Among the claims they’ve made in the complaint include negligence in enforcing security policies, violations of employer liability law, and breaches of the Oregon Safe Employment Act.

Legacy Health has not issued a statement in response to the lawsuit.