A 52-year-old man shot by Portland police last weekend suffered from mental illness and had already reached an out-of-court settlement with the city and a police officer over the use of excessive force nearly a decade ago.

Robert Seeger remained hospitalized Wednesday after police shot him early Saturday night in the Portsmouth neighborhood. Police have not released any further information about Seeger’s condition but said they plan to book him into jail upon his release on unspecified charges.

Witnesses reported that Seeger was armed with a pistol and a hammer and was behaving erratically before police shot him. A resident reported that Seeger pointed a gun at him and tried to break into his apartment.

Police had pursued Seeger and imposed a curfew on the surrounding neighborhood. One officer fired a 40mm round before another officer wounded Seeger, police said.

Police have not yet released the name of the officer who shot Seeger.

Seeger had arrest warrants issued this year for drunk driving and failure to report as a sex offender. He has a criminal record spanning three decades and has convictions for attempted sexual assault and first- and second-degree assault.

The police did not want to answer questions about Seeger’s mental health, citing the ongoing investigation into the shooting.

In 2014, Seeger filed a lawsuit against the city and a Portland police officer, claiming he had been diagnosed with post-traumatic stress disorder and suffered from severe depression, anxiety and cyclical vomiting.

The lawsuit alleges that a Portland police officer pressed his knee to Seeger’s throat in an ambulance while he was suffering from a mental health emergency. It cites the 2012 federal investigation that concluded Portland police officers used excessive force against mentally ill people. The city and police department are continuing to work with the U.S. Department of Justice on necessary police reforms following the investigation.

The city settled Seeger’s lawsuit for $80,000 plus attorney fees and admitted no wrongdoing. A city attorney wrote at the time that the settlement offer “should not be construed as an admission of guilt or an admission that he suffered harm.” Officer Charles also dismissed the lawsuit. Duane of the lawsuit as part of the offer.

“Mr. Seeger’s anxiety and PTSD impair his ability to think and communicate clearly, particularly in high-stress crisis situations,” the lawsuit states. “Mr. Seeger’s mental health issues occasionally result in auditory hallucinations that impair his ability to focus on the events around him.”

The lawsuit states that Duane arrived at a psychiatric clinic on January 2, 2013, to take Seeger to a Portland hospital for emergency care, but did not explain to Seeger why he was there or what he intended to do.

Seeger became agitated and two police officers and two hospital security guards took him to the ground, the lawsuit says. Duane knelt on Seeger’s throat while he was on his back and handcuffed, the lawsuit says.

Seeger said, “I can’t breathe,” according to the lawsuit. Duane responded with either “Well, I hope you can’t” or “I hope you pass out,” according to the lawsuit.

Seeger was taken by ambulance to a hospital emergency room, where a doctor determined he was not a danger to himself or others and did not require psychiatric treatment and released him, the lawsuit says.

The lawsuit states that Seeger suffered bruises on his face, an injured finger and a swollen knee. It also states that Seeger continues to experience anxiety when around police officers.

Zaeem Shaikh covers the Portland Police Bureau and criminal justice issues for The Oregonian/OregonLive. Reach him at 503-221-4323, [email protected] or @zaeemshake.