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The deadly encounter outside a Portland preschool between a security guard and a motorist whose family says he was suffering from a mental health episode is back under the legal spotlight. The Multnomah County District Attorney’s Office previously cleared guard Eric Salisbury of all criminal charges in the May 8 fatal shooting of Manuel Garza IV, finding that the guard was pinned to the ground and at risk of being strangled to death when he opened fire. But a $15 million lawsuit filed Thursday against 53-year-old Salisbury, the security company he owns and the preschool that hired him claims they are liable for a wrongful death. The suit says Garza, 32, had gone for a drive and was listening to music to “return to his baseline self” when he pulled into The Gan Preschool’s parking lot off Southwest Capitol Highway. Gan is a Hebrew word for garden. Salisbury yelled “Get out of here!” and kicked the car, prompting Garza to drive into the adjoining lot for Fanno Creek Clinic, according to the suit. The litigation paints Salisbury as the aggressor who was himself trespassing when he pursued Garza into the neighboring lot. “Manuel got out of his car and engaged in a loud verbal confrontation in an attempt to get Salisbury to retreat,” the lawsuit says. “Salisbury then initiated the first physical contact with Manuel by grabbing Manuel’s neck in a chokehold.” The lawsuit blames Salisbury for allegedly failing to de-escalate the situation or react appropriately to a man in crisis. Salisbury declined to comment. The Chabad Center for Jewish Life, which runs the preschool, didn’t immediately respond to requests for comment; nor did the attorneys who filed the lawsuit, Dispendra Rana and Ryan Lee. Jewish religious centers have beefed up security after repeated attacks in prior years, including the Tree of Life mass shooting in Pittsburg in 2018. More locally, a Portland man was recently convicted of vandalizing several synagogues in 2022. The litigation was filed on behalf of Garza’s estate by his wife, Michelle Kilpatrick, 44, a local massage therapist. She declined to comment. Julia Garza, who is also part of her son’s estate, said the family is still shocked by the district attorney’s decision not to charge Salisbury with any crime. “It’s such a tragedy,” she said. “Our son had nothing to do with those children.”