UNITED STATES DISTRICT COURT DISTRICT OF …media.oregonlive.com/portland_impact/other/seegercivil.pdf · page 2 – notice of removal of action under 28 usc § 1441(a) portland city

Page 1 – NOTICE OF REMOVAL OF ACTION UNDER 28 USC § 1441(a)

PORTLAND CITY ATTORNEY’S OFFICE 1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204 (503) 823-4047

WILLIAM W. MANLOVE, Oregon State Bar ID Number 891607 Senior Deputy City Attorney Email: [email protected] DANIEL SIMON, Oregon State Bar ID Number 124544 Assistant Deputy City Attorney Email: [email protected] Office of City Attorney 1221 SW 4th Avenue, Suite 430 Portland, OR 97204 Telephone: (503) 823-4047 Facsimile: (503) 823-3089 Of Attorneys for Defendant City of Portland

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

ROBERT SEEGER, PLAINTIFF, v. CITY OF PORTLAND AND OFFICER CHARLES DUANE, DEFENDANTS.

NOTICE OF REMOVAL OF ACTION UNDER 28 USC § 1441(a)

TO: THE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT

OF OREGON:

Removing party, defendant City of Portland, by its undersigned attorney, respectfully

shows this Court:

1. The removing party, City of Portland, is the defendant in the above-entitled

action.

2. On October 8, 2014, the above-entitled action was commenced against the City of

Portland in the Circuit Court of the State of Oregon for the County of Multnomah and is now

pending in such court, with the court number 14cv14814. A state circuit court judge signed an

order regarding deferral or waiver of fees for this action on the same date.

/////

Case 3:14-cv-01769-PK Document 1 Filed 11/06/14 Page 1 of 3



PORTLAND, OREGON 97204 (503) 823-4047

3. On October 8, 2014, a copy of the Summons and Complaint in the above-entitled

state action was served upon the City of Portland at the Office of the City Attorney in Portland,

Oregon located at 1221 SW 4th Avenue, Room 430, Portland, OR 97204.

4. Officer Charles Duane has not been served.

5. On October 8, 2014, plaintiff served on defendant City of Portland Plaintiff’s First

Request for Production and Plaintiff’s First Request for Admissions.

6. On October 21, 2014, plaintiff served a subpoena duces tecum to Providence

Records Custodian, with a service copy of the subpoena to the City of Portland.

7. No further proceedings have been had in this action in state court.

8. This notice of removal is filed within 30 days after service of process.

9. This Court has original jurisdiction of the above-entitled action pursuant to

28 USC §§ 1331 and 1343(a)(3) because it is a suit for damages on account of an alleged

violation of plaintiff's rights, privileges and immunities secured by the Constitution and laws of

the United States. This Court has supplemental jurisdiction over plaintiff’s state law battery

claim under 28 USC § 1367(a). This action is removable under 28 USC § 1441(a).

10. Copies of the Complaint and Summons, Proof of Service, Request for

Admissions, Request for Production and subpoena served on defendant City of Portland is

attached to this Notice.

11. On the date set forth below, a copy of this notice was served on plaintiff’s

attorney. On the same date, a copy of this notice was filed with the clerk of the Multnomah

County Circuit Court in which the action was commenced.

/////

/////

/////

/////

/////




PORTLAND, OREGON 97204 (503) 823-4047

WHEREFORE, defendant City of Portland requests that the above-entitled action be

removed from the Circuit Court of the State of Oregon for the County of Multnomah to the

United States District Court for the District of Oregon.

Dated: November 6, 2014 /s/ William W. Manlove William W. Manlove, OSB #891607 Senior Deputy City Attorney Telephone: (503) 823-4047 Of Attorneys for Defendant City of Portland


JS 44 (Rev. 09/11) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS Robert Seeger

(b) County of Residence of First Listed Plaintiff Multnomah

(EXCEPT IN U.S. PLAINTIFF CASES) (c) Attorney’s (Firm Name, Address, and Telephone Number)

Benjamin Haile Portland Law Collective 1130 SW Morrison St., Ste. 407 Portland, OR 97205 (503) 228-1889

DEFENDANTSCity of Portland and Charles Duane

County of Residence of First Listed Defendant Multnomah

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF

THE LAND INVOLVED.

Attorneys (If Known) William W. Manlove City Attorney's Office 1221 SW 4th Avenue, Suite 430 Portland, OR 97204 (503) 823-4047

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)

1 U.S. Government 3 Federal Question Plaintiff (U.S. Government Not a Party)

2 U.S. Government 4 Diversity

Defendant (Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant)

PTF DEF PTF DEF Citizen of This State 1 1 Incorporated or Principal Place 4 4

of Business In This State

Citizen of Another State 2 2 Incorporated and Principal Place 5 5 of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment

& Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted

Student Loans (Excl. Veterans)

153 Recovery of Overpayment of Veteran’s Benefits

160 Stockholders• Suits 190 Other Contract 195 Contract Product Liability 196 Franchise

PERSONAL INJURY PERSONAL INJURY 310 Airplane 365 Personal Injury - 315 Airplane Product Product Liability

Liability 367 Health Care/ - 320 Assault, Libel & Pharmaceutical

Slander Personal Injury Product Liability

368 Asbestos Personal 330 Federal Employers• Injury Product

Liability Liability 340 Marine PERSONAL PROPERTY 345 Marine Product 370 Other Fraud

Liability 371 Truth in Lending 350 Motor Vehicle 380 Other Personal 355 Motor Vehicle Property Damage

Product Liability 385 Property Damage 360 Other Personal Product Liability

Injury 362 Personal Injury

625 Drug Related Seizure of Property 21 USC 881

690 Other

422 Appeal 28 USC 158 423 Withdrawal

28 USC 157

375 False Claims Act

400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and

Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/

Exchange 875 Customer Challenge

12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information

Act

896 Arbitration

899 Admistrative Procedure Act/Review of Appeal of Agency Decision

950 Constitutionality of State Statutes

PROPERTY RIGHTS

820 Copyrights 830 Patent 840 Trademark

LABOR SOCIAL SECURITY

710 Fair Labor Standards Act

720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting

& Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc.

Security Act

861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS

210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

440 Other Civil Rights

441 Voting 442 Employment 443 Housing/

Accommodations 444 Welfare 445 Amer. w/Disabilities -

Employment 446 Amer. w/Disabilities -

Other 448 Education

510 Motions to Vacate Sentence

Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee –

Conditions of Confinement

870 Taxes (U.S. Plaintiff or Defendant)

871 IRS—Third Party 26 USC 7609

IMMIGRATION

462 Naturalization Application 463 Habeas Corpus -

Alien Detainee (Prisoner Petition)

465 Other Immigration Actions

V. ORIGIN (Place an “X” in One Box Only) Appeal to

1 Original Proceeding

2 Removed from State Court

3 Remanded from Appellate Court

4 Reinstated or Reopened

5 Transferred from another district (specify)

6 Multidistrict Litigation

7 District Judge from Magistrate Judgment

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 42 USC § 1983, 42 USC § 12132Brief description of cause: Seizure with Excessive Force, ADA Failure to Accommodate and Battery

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DEMAND $ 110,881.20

CHECK YES only if demanded in complaint: JURY DEMAND: Yes No

VIII. RELATED CASE(S) IF ANY

(See instructions) JUDGE ______________________________________________ DOCKET NUMBER ______________________________

DATE 11/6/2014

SIGNATURE OF ATTORNEY OF RECORD William W. Manlove, OSB#891607 /s/ William W. Manlove

FOR OFFICE USE ONLY

RECEIPT #_________________ AMOUNT_______________________ APPLYING IFP _______________________ JUDGE ___________________________ MAG. JUDGE __________________________

Case 3:14-cv-01769-PK Document 1-1 Filed 11/06/14 Page 1 of 2

JS 44 Reverse (Rev. 09/11)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.

(a) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)

(b) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”.

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States

defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an “X” in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553

Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury

Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.


~ ̀f '.

^~ iY r ~~~

# 1 0 ~ O

1, 2 'c~~~ ~GG

3 IN THE CIItCUIT COURT OF THE STATE OF OREGON ~ f

4 FOR THE COUNTY OF MUI.TNOMAH

5 ROBERT SEEGER,

6 Plaintiff,

'7 vs.

g CITY OF PORTLAND, OFFICERCHARLES DUANE,

9Defendants.

10

11

12

13

14CVi4814Case No:

COMPLAINT _ _(Seizure by Excessive Force in Violationof the Fourth Amendment to the U.S.Constitution, Violation of the Americanswith Disabilities Act, and Battery)

CLAIM NOT SUBJECT TOMANDATORY ARBITRATION

JURY TRIAL DEMANDED

14 COMPLAINT

15 INTRODUCTION

16 1.

17 On January 2, 2013, Mr. Robert Seeger suffered a mental health crisis and visited

1 g the Providence Mental Health Outpatient Clinic on Northeast Hoyt and 52nd Street in

19 Portland, Oregon. The director of the clinic eventually called the Portland Police

20 Department to escort Mr. Seeger to the nearby Emergency Room of Providence Hospital

21 due to the severity of Mr. Seeger's crisis. Officer Charles Duane was the first law

22 enforcement agent to make contact with Mr. Seeger in the clinic. Officer Duane rapidly

1 —COMPLAINT THE PORTL~IND L~1W COLLECTNE, LLP1130 SW MoRxrsoN SrxEET, SurrE 407

PORTLAND, OR 97205(503) 228-1889

Exhibit 1 Notice of Removal

Seeger v. City of Portland Page 1 of 36


1 made physical contact with Mr. Seeger without any attempt to explain why he was there

2 or what he was going to do. Mr. Seeger was confused and upset that an officer was

3 physically contacting him. Officex Duane used excessive force in restraining Mr. Seeger,

4 at one point kneeling on Mr. Seeger's throat and saying that he was glad that Mr. Seeger

5 could not breathe.

6 2•

'7 Mr. Seeger brings this action under 42 U.S.C. § 1983 against officer Duane for

g violation of his constitutional right to freedom from unreasonable seizure by excessive

9 force and against the City of Portland (hereinafter "the City') for adopting a policy to use

10 force on individuals suffering from mental health crises that encouraged Officer Duane to

11 aggressively seize Mr. Seeger.

12 3.

13 Mr. Seeger brings two claims under 42 U.S.C. § 12132 against the City for

14 ~olating his rights under the Americans with Disabilities Act fox failure to make

15 reasonable accommodations during his contact with Portland Police officers and for the

16 failure to properly train members of the Portland Police Bureau.

17

1 g Mr. Seeger also brings a claim against the City for battery under ORS 30.265 for

19 ~e unlawful use of force by Officer Deane.

20 THE PARTIES

21 S.

22 At all material times the plaintiff, Robert Seeger, was a resident of Portland,

2 —COMPLAINT T~iE PORT`I.~llvD L.~W COLLECTNE, LLP1130 SW MOxiusON Srx~T, SInTH 407

PoRz~nxD, OR 97205(503) 228-1889




1 Oregon.

~. 2 6.

3 At all material times, Defendant Officer Chaxles Duane (DPSST #27545)

4 (hereinafter Officer Duane), was working under color of law for the City as a member of

5 the Portland Police Bureau. Officer Duane is sued in his individual capacity.

6 7.

7 Defendant Ciry of Portland is amunicipal entity, organized under the laws of the

8 State of Oregon, with the capacity to sue and be sued. The Portland Police Bureau is a

9 department or division of the City. The City is the legal and political entity responsible

10 under state law for the tort of battery by its employees acting within the course and scope

11 of their employment. The City has a statutory duty to defend and indemnify Officer

12 Duane for conduct in the course and scope of his employment.

13 THE FACTS

14

15 On January 2, 2013 Mr. Seeger was suffering from a mental health criszs. He

16 went to the Providence Mental Health Outpatient Clinic, where he was receiving

1~ counseling services, to speak with his counselor, Diana Gant. Counselor Gant was not

1 g available to speak with Mr. Seeger, so he instead he met with Larry Betcher, the clinic's

19 ~~'~ Manager.

20 9.

21 Mr. Betchez was concerned for Mr. Seeger's well-being and wanted Mr. Seeger to

22 go to the emergency room at Providence Hospital. Mr. Betcher called the Portland Police

3 -COMPLAINT THE PORTL~IND I.~W COLLECTIVE, LLP1130 SW Moxu~sON STxEE'r, SuI'rF, 407

PORTLAND, OR 97205(503) 228-1889




a 1 Department and requested an officer to escort Mr. Seeger to the hospital.F

~. `Z 1 V.

3 The emergency room was a block away from the outpatient clinic. Both were

4 located on the campus of the Providence Medical Center.

5 11.

(, Officer Duane was the first officer to respond to the call. He was met by Ryan

7 Carroll, a counselor at the clinic, in front of the building. Officer Duane asked Mr.

g Carroll, "don't you have security to deal with this?" Officer Duane, Mr. Carroll and

g some hospital security guards then went upstairs to be briefed by Mr. Betcher.

10 12.

11 Officer Joseph Welp joined Officer Duane in the hallway of the clinic. Mr.

12 Betcher told the officers that Mr. Seeger was psychotic at the moment, was experiencing

13 some severe mental health issues, and that there could be a risk of self-harm.

14 13.

15 Mr. Seeger was sitting in a conference room by himself at #his time. Officers

16 Duane and Welp walked into the conference room with two security guazds and Mr.

1 ~ Carroll. Mr. Seeger was wearing sunglasses, with the hood of his sweatshirt pulled up.

1 g Mr. Seeger was breathing heavily and shaking from anxiety, with his arms wrapped

19 Found himself.

20 14.

21 Officer Duane approached Mr. Seeger and asked him if he was ready to go. Mr.

22 Seeger gave no response.

4 —COMPLAINT THE PORTLAND L~1W COLLECTIVE, LLP1130 SW MOx[usoN S'rx~cT, SvrtE 407

POA'IZAND, OR 97205(503) 228-1889




~ 15.g~: 2 Officer Duane spoke louder while waving one of bds hands in front of Mr.

3 Seeger's face. Mr. Seeger still gave no response.

16.

5 Officer Duane got behind Mr. Seeger and lifted him from the chair, with Officer

6 Welp assisting. Officer Duane tried to push Mr. Seeger over a table that was in front of

7 him in order to handcuff Mr. Seeger. Mr. Seeger was seared and confused about why he

8 was being physically restrained.

9 17..

10 After failing to handcuff Mr. Seeger, Officer Duane shoved him against a stack of

11 chairs. Officer Welp lost his grip on Mr. Seeger. A security guard assisted Officer

12 Duane. Mr. Carroll and Mr. Betcher moved the table out of the conference room.

13 18.

14 Mr. Seeger did not understand what was happening to him and struggled against

1 ~ being handcuffed. Mr. Seeger was taken to the ground and handcuffed by Officers

16 Duane and Welp and the two hospital security guards.

17 19.

18 Mr. Seeger was handcuffed and lying on his back when Officer Duane dropped

19 his weight on top of Mr. Seeger, using his knee to land on Mr. Seeger's head and neck.

20 Officer Duane's right knee was obstructing Mr. Seeger's ability to breathe and Mr.

21 Seeger said clearly enough for everyone in the room to hear, "I can't breathe."

22 //

5 — COMPLAINT T~ PoxTTaND I.~vv COr.~,Ec'rivE, LLP1130 SW MoluuSON STxEET, Sui'rE 407

PORTLAND, OR 97205(503) 228-1889




1 20.'s

~ 2 Officer Duane responded with either, "Good, I hope you can't" or "T hope you

3 pass out".

4 21.

5 Officer Welp requested two times to roll Mr. Seeger on to his be11y for easier

6 control but Officer Duane refused to do so.

~ 22.

8 Mr. Carroll was concerned about the level of force being used to restrain to Mr.

9 Seeger and asked if the level of force was necessary. Officer Duane responded, "do you

10 Want to fucking do this yourself?"

11 23.

12 Officer Welp again requested that they roll Mr. Seeger on to his stomach. This

13 hme Officer Duane complied.

14 24.

15 Shortly afterwards an ambulance arrived. and Mr. Seeger was placed on a gurney

16 ~d transported to the emezgency room at Providence Portland Medical Center. Mr.

17 Seeger was still confused and crying while being transported to the ambulance.

25.18

At the emergency room a doctor assessed his physical injuries and mental health19

status. The doctor determined that he was not a danger to himself or others and did not20

require psychiatric hospitalization. The doctor ordered that he be released. Mr. Seeger21

went home.22

J/

6 —COMPLAINT THE PORTL~IND I.:1W COLLECTNE, LLP1130 SW MoxIusoN STREET, SUITE 407

PORTLAND, OR 97205(503) 228-1889




a1 FIRST'CLAIM FOR RELIEF:

1 2 Seizure with Excessive Force in Violation of the Fourth Amendment; a claim

3 arising under 42 U.S.C. § 1983 (against Officer Duane).

4 26.

5 A11 preceding paragraphs are incorporated by reference herein.

27.

7 In taking the actions described above, including physically confronting Mr.

8 Seeger when there was no need to, pushing Mr. Seeger against the conference room. table,

9 pushing Mr. Seeger against a stack of chairs, wrestling Mr. Seeger to the ground,

10 dropping his weight on Mr. Seeger, and intentionally using his Iflnee to obsixuct Mr.

11 Seeger's breathing, Officer Duane intentionally violated Mr. Seegers' right to be free

12 from seizure by excessive or unreasonable force, guaranteed by the Fourth Amendment

13 to the United States Constitution.

14 2g•

15 A cause of action for these violations of constitutional rights is provided by 42

16 U.S.C. § 1983.

17 29.

18 The unreasonable seizezre of the Mr. Seeger was the direct and pro~cimate cause of

19 bodily injury, pain, suffering, mental distress, and humiliation. The injuries are further

2p described below in the section titled. Damages, and incorporated by reference herein.

21 ~~

22 //

7 —COMPLAINT TxE PoRTr.~vD ~vv Cor,~c~.vE, LLP1130 SW MO~SON STREET, SvrTE 407

Pott~D, OR 97205(503) 228-1889




a 1 SECOND CLAIlVI FOR RELIEF

~: 2 Violation of the Fourth Amendment by the City of Portland for Adopting a Policy to

3 Use Excessive Force on Individuals Suffering From Mental health Crisis', and

4 Failure to Adequately Train and Supervise, a Maim Arising Under 42 U.S.C.1983

5 (Against City of Portland for Municipal Liability).

C 30.

~ All preceding paragraphs are.incorporated by reference herein.

8 31.

9 The City of Portland, by and through the Portland Police Bureau, engages in a

10 Pattern or practice of condoning unnecessary or unreasonable force during interactions

ll with people who have or are perceived to have mental illness, as found by the U.S.

12 Deparhnent of Justice (hereinafter "DOJ"). D03 conducted an investigation o£the

13 Portland Police Bureau and released its findings in September 2012. DOJ subsequenfly

14 wed a lawsuit against the City on December 17, 2012.

1532.

16 The following practices found by the DOJ were causes of the excessive force

1 ~ inflicted on Mr. Seeger by Officer Duane. The City was aware of and deliberately

i 8 indifferent to the risk that these practices would cause this use of force.

33.

20 The findings released by DOJ alleged that "(e)ncounters between PPB officers

21 and persons with mental illness too frequently result in a use of force when force is

unnecessary or in the use of a higher level of force than necessary or appropriate.... We22

found instances that support a pattern of dangerous uses of force against persons who

8 —COMPLAINT THE PORTLAND L~1W COLLECTIVE, LLP- - ~ 130 SW MOxxrsoN S'rREE3; SuiTE 4~7 _ _ _ __ __

PORTLAND, OR 97205(503) 228-1889




a 1 posed little or no threat and who could not, as a result of mental illness, comply with

s2 officers' commands. We also found that PPB employs practices that escalate the use of

3 force where there were clear earlier junctures when the force could have been avoided or

4 minimized."

5 34.

DOJ stated in their findings that "(w)e conclude that this pattern or practice

'7 results from deficiencies in policy, training, and supervision."

g 35.

9 DOJ found that "PPB officers often do not adequately consider a person's mental

10 state before using force and that there is instead a pattern of responding inappropriately to

11 persons in mental health crisis, resulting in a practice of excessive use of force, including

12 deadly force, against them" and that "...in many other instances officers escalate conflict

13 d~P~~ ~e opportunity to de-escalate".

14 36.

15 DOJ found systemic deficiencies that contribute to this pattern or practice of

16 excessive force, including: "(1) the absence of officers specially trained in and proficient

1 ~ at responding to mental health crisis; and (2) the lack of strategic disengagement

1 g protocols involving mental health providers.°'

19 37.

20 DOJ noted that PPB no ~,onger has a Crisis Intervention Team of officers who

21 want to specialize in such crisis intervention because PPB personnel "generally perceived

22 it as low in professional status" and because personnel did not receive a special status like

PPB's SERT trained officers.

9 —COMPLAINT T~ Pox~uvn L.~w Co~c~, LLP1130 SW MoitruSON STxEE'c, SUITE 407

PORTLAND, OR 97205(503) 228-1889




1 38.

j 2 DOJ noted that police departments cannot rely on academy crisis intervention

3 training in regards to working with individuals with mental illness because recruits are

4 not able to fully absorb the training. Such trainings are insufficient without field training

5 and other training approaches, such as role-plays, which the Portland Police Bureau does

6 not use in their training.

7 39.

8 DOJ found that the crisis intervention training that is given by PPB lacks

9 community collaboration, with no good reason to deny access to the training to

10 individuals with mental illness, family members, advocates, or mental health workers.

1140.

12 DOJ found that PPB does not have adequate supervisory review of incidents

~3 where officers use force that would "correct patterns of excessive force in a timely

14 ~~on". Furthermore, DOJ found that use of force is rarely categorized as out of policy

15 even when the force was clearly excessive.

1641.

1 ~ Injuries are described below in the section titled damages, and incorporated by

1 g reference herein.

10 —COMPLAINT T~ PORTLdND I,~W COLLECTIVE, LLP1130 SW MoxiusoN SST, 5ui~, 407

PORTLAND, OR 97205(503) 228-1889




1 THIRD CLAIM FOR RELIEFs

~: 2 Discrimination Prohibited by the A,DA for failure to accommodate; a _claim

3 arising under 42 U.S.C. § 12132 (against the City of Portland for the Conduct of

4 Officer Duane).

5 42.

6 All preceding paragraphs are incorporated by reference herein.

743.

g Mr. Seeger brings a claim of Discrimination under the ADA. Mr. Seeger is a

9 qualified individual with a clisability pursuant to the ADA. His 'impairments are due

10 PAY to his mental health diagnosis of suffering from Post-Traumatic Stress

11 Disorder. Mr. Seeger also suffers from severe depression, anxiety, and Cyclical

~2 Vomiting Syndrome (CVS). These conditions substantially limit one or more of his

13 major life activities. Mr. Seeger's anxiety and PTSD impair his abilities to think

14 clearly and communicate, particularly during high stress moments of crisis. Mr.

I S Seeger's mental health issues occasionally result in auditory hallucinations, impairing

16 ~s ability to concentrate on the events around him. Mr. Seeger's anxiety and

depression result in anti-social behavior such asself-isolation and paranoia. Mr.17

Seeger is fearful of strangers and has difficulty commutucating with people he does18

not know. Mr. Seeger has difficulty in public places, even when he is with friends or19

family, due to his paranoia, anxiety, and depression. Mr. Seeger's mental health20

disability impairs his learning. He received his GED with much difficulty in 2001.21

Mr. Seeger is trying to enroll in a community college program for people with22

disabilities.

11— COMI'LAINT THE PORTI.~IND LAW COLLECTIVE, LLP1130 SW Mo~rusoN Sxx~er, Suter 407

PORTLAND, OR 97205(503) 228-1889




~ 1 44.3egi

2 Mr. Seeger was perceived as disabled by Officer Duane. Officer Duane had

3 notice that Mr. Seeger was suffering from a mental health crisis based on the briefing that

4 he received from Lany Betcher before he confronted Mr. Seeger in the conference room.

5 Officer Duane had further notice of Mr. Seeger's mental health crisis based on his own

6 observations of Mr. Seeger when Officer Duane entered the conference room.

7 45.

g By and through Officer Duane, the City discriminated against Mr. Seeger by

9 failing to accommodate Mr. Seeger in his interaction with Officer Duane. Officer Duane

10 ~d ample time to speak with Mr. Seeger and evaluate whether Mr. Seeger posed a threat

11 fo himself or others, and whether he had to be taken into custody.

1246.

13 ~• Seeger did not pose a threat to the safety to himself or any other individual

14 '°hen Officer Duane encountered him. He was seated and silent when Officer Duane

15 entered the conference room.

47.

Officer Duane was not investigating unlawful conduct when he approached Mr.17

Seeger.18

48.19

Officer Duane should have made a reasonable accommodation by attempting to20

communicate more with Mr. Seeger before escalating to physically restraining Mr.21

Seeger. Mr. Seeger's disability prevented him from being able to process what was22

happening to him when the officers arrived and this prevented him from being able to

12 —COMPLAINT T~ Poxr~D Lew Co~crrvE, LLP1130 SW MOtuuSON STxEs1', SUrI's 407

PORTLAND, OR 97205(503) 228-1889




1 communicate with Officer Duane.

2 49.

3 28 CFR § 35.160(a) states that public entities such as defendant City "sha11 take

4 appropriate steps to ensure that communications with applicants, participants, members

5 of the public, and companions with disabilities are as effective as communications with

6 others."

~ 50.

g A cause of action for these violations is provided by 42 U.S.C. § 12132,

9 51.

10 Failing to accommodate his disability by failing to adequately communicate and

11 by using force against him were a proximate cause of the damages below.

12 52.

13 ~'• Seeger is entitled to attorney fees and costs pursuant to 42 U.S.C. § 12205.

14 53.

15 ~]~es are described below in the section titled damages, and incorporated by

16 reference herein.

17

FOURTH CLAIM FOR RELIEF18

Discrimination Prohibited by the ADA for failure to properly train; a claim arising19

under 42 U.S.C. § 12132 (against the City of Portland for Its Own Conduct of20

Failing to Train Officer Duane).21

2254.

All preceding paragraphs are incorporated by reference herein.

13 —COMPLAINT ~ 'Tx~ PoRz~rrD I.~w Cor~crrvE, LLP1130 $W MORRtsON STREET, SUITE 407

PoR~n, OR 97205(503) 228-1889




1 55.4

~ 2 The City of Portland, by and through the Portland Police Bureau, fails to

3 adequately train officers in a way that prevents discrimination under the ADA in relation

4 to adults with mental illness. As alleged in Claim Two, The Portland Police Bureau's

5 pattern and practice of using excessive force against mentally disabled persons is the

6 result of deficiencies in policy, training, and supervision.

~ 56.

8 Officer Duane should have been trained to recognize Mr. Seeger's mental health

4 disability and to communicate appropriately rather than immediately escalating to

10 ~olence.

11 57.

12 A cause of action for these violations is provided by 42 U.S.C. § 12132.

13 58.

14 ~• S~g~ is entitled to attorney fees and costs pursuant to 42 U.S.C. § 12205.

59.15

16 ~J~es are described below in the section titled damages, and incorporated by

reference herein.17

FIFTH CLAIM FOR RELIEF18

Battery, a Claim Arising Under ORS 30.2765 (against the City of Portland for the19

Conduct of Officer Duane).20

60.21

All preceding paragraphs are incorporated by reference herein.22

//

14 —COMPLAINT THE PORTLAND L~1W COLLECTIVE, LLP1130 SW Mo►uusoN S~sr, Surra 407

PoRTLnND, OR 97205(503) 228-1889




g 1 61.

~: 2 In taking the actions described above, including physically confronting Mr.

3 Seeger when he posed no threat to the safety of others, dropping his weight on Mx.

4 Seeger, and intenfionally choking Mr. Seeger with his knee, Officer Duane intentionally

5 caused harmful and offensive physical contact with Mr. Seeger while Officer Duane was

6 working for the City of Portland.

7 62.

8 Injuries axe described below in the section titled damages, and incorporated by

9 reference herein.

10 DAMAGES

11 All Claims

12 63.

13 As a result of the initial physical contact with Mr. Seeger and ensuing scuffle, Mr.

14 Seeger suffered from a swollen and bruised face, an injured finger, and a swollen knee.

15 64.

16 As a result of being forced to the ground and violently restrained, Mr. Seeger

1'7 suffered ongoing back pain. Mr. Seeger has a missing disc in his back. That injury was

~ g severely aggravated by this incident.

19

2p As a result of Officer Duane's choice to kneel on Mr. Seeger's throat, Mr. Seeger

21 was temporarily unable to breathe, and experienced pain, fear, surprise and humiliation.

22 //

15 —COMPLAINT Txs Poxrr.~D I.~w Corr,Ecz7vE, LLP1130 5W Mox~usoN S~Er, Sums 407

Poxzznrrn, OR 97205(503) 228-]889




1 66.

3. 2 When Mr. Seeger was strapped to a gurney and transported to the hospital, he

3 suffered additional pain and humiliation.

4

5 As a result of Officer Duane's conduct, Mr. Seeger was billed $881.20 by the

6 Emergency Room at Providence Hospital.

7 ~:

8 Mr. Seeger suffers from ongoing trauma; he has had difficulty leaving his_ home,

9 he was scared of continuing to access services to address his mental health for

10 approxunately one year. Mr. Seeger's personal relationships with family and friends

11 have suffered due to the heightened anxiety, fear, and paranoia. Mr. Seeger has had

12 difficulty sleeping since the incident. Mr. Seeger continues to experience greater fear and

13 Defy when he is near police officers than he did before the events on January 2, 2013.

14 69.

15 Mr. Seeger's physical pain is valued at $45,000.

16 70.

17 The emotional harm to Mr. Seeger in the form of shock, confusion, humiliation,

18 sleeplessness, and ongoing anxiety are valued at $65,000.

19 //

20 ~~

16 —COMPLAINT THE PORTLAND I.~W COLLECTIVE, LLP1130 SW Mo~usoN SST, SUrrs 407

Pox~D, OR 97205(503) 228-1889




1 MISCELLANEOUS

~ 2 All Claims

3 71.

4 The Circuit Court of the State of Oregon for the County of Multnomah has

5 jurisdiction of the above listed causes of action arising under federal and state law as a

6 court of general jurisdiction.

7 72.

8 Mr. Seeger is entitled to attorney fees and costs puzsuant to 42 U.S.C. § 1988 and

9 42 U.S.C. § 12205.

10 73.

11 Plaintiff requests a trial by a jury of his peers on his claims for relief.

12

13 PRAYER FOR RELIEF

14 WHEREFORE Plaintiff prays for judgment as follows:

15 1. Findings and orders indicating that Officer Duane and the City violated the

16 Fourth Amendment to the U.S. Constitution because Officer Duane seized Mr. Seeger by

17 using excessive and unreasonable force;

1 g 2. Findings and orders indicating that Officer Duane and the City failed to

19 accommodate Mr. Seeger's mental health disability in violation of the American's with

20 Disabilities Act;

21 3. Noneconomic damages in the amount of $45,000 to compensate Mr. Seeger

22 for physical pain;

17 —COMPLAINT Tx~ Poxz~.~,rm L.aw Co~cr~, LLP] 130 SW MoiuusoN SzRF,sT, SviTE 407

POR"II.AND, OR 97205(503) 228-] 889




1 4. Noneconomic damages in the amount of $65,000 to compensate Mr. Seeger

~ 2 for shock, confusion, humiliation, sleeplessness and anaciety;ai,

3 5. Economic damages in the amount of $881.20 for charges incurred at the

4 Emergency Room;

5 6. Plaintiff's costs, disbursements and attorney fees.

6

~ Dated this 8th day of October, 2014.

8PORTLAND LAW COLLECTIVE LLP

9Attorney for Robert Seeger

10/s/Beniamin Haile

11 Benjamin Haile, OSB #04066

12

13

14

15

16

17

18

19

20

21

22

18 —COMPLAINT TxE PoxTr.~m I.~w Cor_r.Ecr~, LLP130 $W MO[tRISON STxEET, SUITE 407

Poxz'LnND, OR 97205(503) 228-1889




IN THE CIRCUIT COURT OF THE STATE OF OREG02 ~ 4CV14814FOR THE COUNTY OF MULTNOMAH

1~ ~ / Case No.

Plaintiff/Petitionerv. Order Regarding Deferral or

r~ ~ ~ l ~ t ~~ Waiver of Fees for:~ Plaintiff/Petitioner

Defendant/Respon entDefendant/Respondent

The court finds that the applicant is currently unable to pay all or part of the noted fees. THECOURT HEREBY ORDERS THAT:

1. Deferral (Temporary): ❑The court DEFERS the following fees on a temporary and/orpartial basis: -+

❑ Filing Fees ❑Sheriffs Service Fee ❑Motu Fee ~❑ Arbitration Fee ❑Trial Fee

~ ̀' ~ '~c❑Other: (describe) ~ : ~ ._,.~~ ~

❑The noted fees are deferred until the court receives notice that Applicant i~.'x~pre~entby a lawyer or until a hearing or trial. Fees are due in full upon occurrence of~~er~eunless Applicant files a new Application and Declaration for Deferral or Wa~~ of ~eesand the court grants that application. If neither event occurs, the fees are due ~speCifie~na future judgment in this case. ? cv

or .~Payment must be made

❑ According to the terms of the attached payment plan (or) $month until paid in full❑ As ordered by a judgment in this case (or)❑ Other:

If fees are not paid as ordered judgment will be entered against you without furtherno 'ce.

2. Waiver: The court WAIVES the following fees (no payment):Fi ing Fees Sheriff s Service FeeMotion FeeArbitration FeeTrial FeeOther (describe)

per

~. Denial: The court DENIES the applicant's request for deferral or waiver of fees because:

Applicant is financially able to pay the fees (see part of the Declaration);

Application contains insufficient information (see part of the Declaration);

❑Other findings ~ ~,~, ~~

~~~Date G~rcuit LSe ge or designee, signature

~/" ~Name, printed

~3-34C (3/i3) Fee Deferral or Waiver Order Original-File Copy-ApplicantPage 1 of 1 Case No:




10/9/2014 921:56 AM14CV14814

IN THE CIRCUIT COURT OF THE STATE OF OREGONFOR THE COUNTY OF MULTNOMAH

ROBERT SEEGER, Case No. 14CV14814

Plaintiff,v. SUMMONS

CITY OF PORTLAND, and OFFICER CHARLES DUANE

Defendants.

TO: City of PortlandCity Attorney's Office1221 SW 4 h̀ Avenue, Ste 430Portland, OR 97204

You are required to appear and defend the complaint filed against you in this matter within thirty (30) days fromhe date of service of this summons upon you. If you fail to do so, plaintiffs) will apply to the court for the relief demandedin the complaint.

NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLYYou must "appear" in this case or the other side will win automatically. To "appear" you must file with the court a

legal paper called a "motion" or "answer." The "motion" or "answer" must be given to the court clerk or administratoithin 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff's

attorney or, if the plaintiff does not have an attorney, proof of service upon the plaintiff.If you have any questions, you should see an attorney immediately. If you need help in finding an attorney, you

may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or oll-free in Ore on a ) 452-7636.

c ~

BENJ IN HAILEOregon State Bar # 04066Of Attorneys for Plaintiffs)

STATE OF OREGON, County of Multnomah) ss.I, the undersigned attorney of record for the plaintiff, certify that the foregoing is an exact and complete copy of the original

summons and complaint in the above-entitled action. I hereby declare that the above is true to the best of my knowledge and belief.understand that this document is made for use as evidence in court and is subject top Ity of perjury.

l ' ~ mil

~~x. ~~a~

Attorney r Plaintiff

TO THE OFFICER OR OTHER PERSON SERVING THIS SUMMONS:You are directed to serve a true copy of this summons, together with a true copy of the complaint, upon the individuals) or

other legal entity(ies) to whom or which this summons is directed. You are further directed to make your proof of service on the reverseside of this summons or upon a separate similar document which you shall attach to this summons.

Benjamin HailePortland Law Collective LLP1130 SW Morrison St., Suite 407Portland, OR 97205Tel: 503-228-1889Fax: 503-223-4518




10/9!2014 921:56 AM14CV14814

PROOF OF SERVlC~'ATE OF OREGON }

ss.unty of MULTNOMAH )

certify that I made service of this summons upon the individuals and other legal etttities fo be served by delivering or leaving Vue copies of

summons and the complaint as follows:

ividual(sl —Personal Service

Upon

Upon

by delivering a true copy to him/her, personally, at

on , 200_, at o'clock _ m.

by delivering a true copy to him/her, personally, at

on 200_, aY o'clock _.m.

ns~ — ~uosai~u[eu ~ervrce

Upon , by delivering a true copy at his/her dwelling house or usual- place of abode located at

Upon

Upon

who is a person over the age of 14 years and a member of the household of the person served., on

200_, at o'clock _m.

by delivering a true copy at his/her dwelling house or usuaF place of abode located at

m

who is a person over the.age of 14 years and a member of the household of the person served, on


200_, at

at the business or office which she/he maintains located at

by leaving a true copy with

the person who is apparently in charge, on

o'clock ~ m., which is during normal working hours.

Upon ~ t.,.~ "r ~ ̀pr"{-~ art t+„(fVame corporation, limited partnership, etc.

delivering a true copy, personally, to who is a /the

(Specify registered agent, officer by tide, general or managing agent, etc.)

leaving a true copy with ~` (~ ~G ,who is

apparently in charge of the office of L. i ~'y o~"*2 VS ~~t~ ,who is a /the

~C C.C..P~'~ an.'J~ ~~(Specif~7registered agent, officer by title, general or managing agent, etc.)

by

mailing a true copy of the summons and complaint by first class mail and by certified mail, addressed to the office of the registered agent;

further certify that I am a competent person 18 years of age or older and a resident of the state of service or the State of Oregon, and that f

not a party to nor an officer, director or employee of, corporation or otherwise; That fhe person, firm or corporation served by me is the identical

son, firm or corporation named in the action..

DATED this 8th day of October, 2014. 1

Signature

r~ s ~~w~"~~2/~Type or Print Name

Q,t~-~~,~~ oil °17~d~Address -~

Telephone: s( O 3 ) .fit ~. ~ ~ 1 ~g~{ 2~,




10/9/2014 10:37:52 AM14CV14814

BENJAMIN HAILE, OSB #[email protected]

Portland Law Collective LLP

1130 SW Morrison St., Suite 407

Portland, OR 97205Tel: 503-228-1889Fax:503-223-4518

Attorneys for the Plaintiff

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

ROBERT SEEGER,

Plaintiff,vs.

CITY OF PORTLAND, and OFFICER

CHARLES DUANE,

Defendants.

Case No.

PLAINTIFF'S FIRST REQUESTS FOR

ADMISSIONS TO CITY OFPORTLAND

PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS

TO: All defendants by and through their attorney:

Office of the City Attorney] 221 SW Fourth Avenue, Room 430

Portland, OR 97204

Pursuant to ORCP 45, the Plaintiff Robert Donnie Seeger, by and through

undersigned counsel specifically requests that the Defendants admit ar deny each

1 -PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO CITY OF PORTLAND

TI1~, PoRTL1~N~ L~~W Co~.r,Eci~rvE, LLP1130 SW MoriusoN Srr.Fe~r, Sur1~r~: 407

YoRr~.nNU, OR 97205

(503)228-1889




subparagraph of the following matters within 45 days after the service of the summons

and complaint and this document upon the defendants.

PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS TO CITY OF PORTLAND

REQUEST No. 1. Admit that Officer Duane's conduct with Mr. Seeger violated the

Portland Police Bureau's use of force policy.

RESPONSE:

REQUEST No. 2. Admit that no police officer present at the incident suspected Mr.

Seeger of any crime when Officer Duane first made contact with him.

RESPONSE:

REQUEST No. 3. Admit that no police officer present at the incident was aware of

any prior arrests, charges, or convictions of Mr. Seeger before the incident transpired.

RESPONSE:

REQUEST No. 4. Admit that no police officer present at the incident recognized Mr.

Seeger during the incident.

RESPONSE:

//

//

//


Ti1~, Po1zTL1~Nv L;~vv Co~,~.~~:ci~rvr, LLP1130 S~Xi iVloRxisoN S'i'ii~~ 'r, Sum: 407

Pox~ri_nNr~, OR 97205(503) 228-1889




DATED, this 8th day of October, 2014.

/s/ Benjamin HailePORTLAND LAW COLLECTIVE LLPBenjamin Haile, OSB #04066Attorney for Robert Donnie Seeger


TIIF, POR"1'LANll LAW CO],I,L,Cl'IV7=;, LLP

1130 SW ~1oit~ttS~~N S~~itru.~r, Surri:407Yoir[~.nNn,Olt 97205

(503) 228-1889




BENJAMIN HA~I.E, OSB #04066

ben@portlandlawcollective. com

Portland Law Collective LLP

1130 SW Morrison St., Suite 407

Portland, OR 97205Tel: 503-228-1889Fax:503-223-4518

Attorney for the Plaintiff

RECE~v~~

OCT 4 $ 2014

C~ Attorney's Office~~ ~•o Z

IN THE CIItCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

ROBERT SEEGER,

Plaintiff,vs.

CITY OF PORTLAND, and OFFICER

CHARLES DUANE,

Defendants.

Case No. ~~-Lv ~ IyS~I~

PLAINTIFF' S FIRST REQUESTS FOR

PRODUCTION

PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION

TO: All defendants by and through their attorney:

Office of the City Attorney

1221 SW Fourth Avenue, Room 430

Portland, OR 97204

The Plaintiff, Robert Donnie Seeger, by and through counsel, Benjamin Haile of

the Portland Law Collective, requests that the defendants produce the following

documents and things for inspection and photocopying at the offices of the Portland Law

1 - PLAIl~TTIFF' S FIRST REQUEST FOR PRODUCTION




Collective within 45 days after service hereof to the following request for production

pursuant to ORCP 43.

DEFINITIONS AND PROCEDURES

As used in these requests, the following words and terms shall mean and include

the following:

1. The words "record" and "document" mean all informarion preserved in any

format, including but not limited to written docwnents, audio recordings, video

recordings, photographs, diagrams, sketches, drawings, paintings, stencils, and

metadata. Records may be preserved in any format including but not limited to paper,

photographic negative, microfiche, magnetic tape, digital backup device, compact

disk, DVD, hard drive, flash drive, internal memory chip (as in a cellular telephone or

trier), or online storage archive. Please be advised that record includes less formal

documents such as journal entries, personal letters, email messages, and text

messages.

2. Documents stored by the defendants as electronically stored information should

be produced in electronic form. Documents stored in other formats may be produced

in electronic form if doing so does not reduce the quality of the produced record.

Records may be produced in electronic form by providing them to the plaintiff's

attorney on a CD, DVD, or as an email attachment.

3. These requests are not limited to documents in defendant's or defendant's

counsel's possession but require that a diligent search and effort be made to assemble

all documents that exist at any location. If you are unable to produce any document

requested, state the locarion of the document, the name of the person in possession of

the document, and why you cannot produce it.

4. Category headings in the following requests are provided as a general aid to

organization only and should not be construed to limit the scope of requests the fall

under the category heading.

5. If you withhold any document under claim of privilege, you must expressly make

the claim and you must also describe the nature of the documents, communications,

or tangible things not produced or disclosed and do so in a manner that, without

revealing information itself privileged or protected, will enable other parties to assess

the claim.

6. This request is a continuing request. Pursuant to ORCP 43(B)(4), you are under a

continuing duty during the pendency of this action to produce promptly any item that

is responsive to these requests and not objected to which comes into your possession,

custody, or control.

2 -PLAINTIFF'S FIRST REQUEST FOR PRODUCTION




7. The documents provided with your response must be segregated by document

request number.

8. In these requests, the term "the incident" refers to all conduct of members of the

Portland Police Bureau, the Plaintiff, and other members of the public in and around

the Providence Mental Health Outpatient Clinic on 5228 NE Hoyt St., in Portland,

Oregon on January 2, 2013, and the subsequent transport of the Plaintiff to the

Providence Hospital.

PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

Category I: Records of the Incident

REQUEST No. 1. Please provide any and all reports or other writings or recordings

about the incident completed, filed, or given by or to any of the defendants or other

members of the Portland Police Bureau or employees of the City of Portland, including

incident reports, custody reports, and officer field notes.

REQUEST No. 2. Please provide all recordings of oral communications by persons

present at the incident including but not limited to records made by the Bureau of

Emergency Communications.

REQUEST No. 3. Please provide all video recordings of the incident; including but

not limited to the entire recordings made by police officers and any other video

recordings obtained by the City of Portland.

REQiJEST No. 4. Please provide any and all records or notes of any statements,

complaints, or reports by witnesses to the incident including police officers and members

of the public.

3 -PLAINTIFF'S FIRST REQUEST FOR PRODUCTION




REQUEST No. 5. Please provide any and all records, reports, memoranda, or

findings of any internal investigation into the conduct of Officer Duane or any other

police officers in regards to the Incident, including invesrigations by the Independent

Police Review -and the Portland Police Bureau Internal Affairs Division.

REQUEST No. 6. Please provide any journal, log, diary, letter or similar written

record made by Officer Duane containing any mention of the incident or his or her

conduct during the incident.

REQUEST No. 7. Please provide all records containing information gathered or

received by the City of Portland including the Portland Police Bureau and individual

officers about the Incident.

Category II: Information about Mr. Seeger

REQUEST No. 8. Please provide all records of statements about the incident by the

plaintiff.

REQUEST No. 9. Please provide all. records. of contact between members of the

Portland Police Bureau and the plaintiff at any time.

Category III: Information about the Defendants

4 - PLAINTIFF' S FIRST REQUEST FOR PRODUCTION




REQUEST No. 10. Please provide any and all materials relating to the employment of

Officer Duane including but not limited to the following:

a. Applications for employment, resumes and records of previous

employment;

b. Background checks, references from previous employers and

recommendations;

c. Educational records;

d. Criminal history checks;

e. Driving record checks;

£ Juvenile record checks;

g. Records of all training courses, classes attended and grades received;

h. Records of issuance of all training manuals, policies and procedures, and

other instructional or related documentation;

i. Records of the use of force hearings or panels, disciplinary proceedings,

investigations, complaints and all incident reports and other records or

documents of every kind pertaining to Officer Duane's actual or alleged

conduct since he became a member of the Portland Police Bureau;

j. Records of all reprimands, penalties, punishments and sanctions;

k. Records of all performance reviews, salary reviews, progress reviews and

all other evaluations;

1. Records of all physical, psychological, mental or other examinations or

evaluations;

m. Records of all psychological treatment, medication and diagnosis;

5 - PLAINTIFF'S FIIZST REQUEST FOR PRODUCTION




Records of any military service or history.

REQUEST No. 11. Please provide any and all records, reports, notes, or memoranda,

or investigative materials concerning any administrative, civil or criminal investigarion of

Officer Duane by any agency.

REQUEST No. 12. Please provide any and all training materials issued, relied upon, or

adopted by the Portland Police Bureau regarding how to respond to individuals

experiencing mental health crisis, including, but not limited to PPB's Crisis Intervention

Training (CIT).

REQUEST No. 13. Please provide copies of the Portland Assessment Resource

Center's (PARC) initial report, with corresponding recommendations, from August 2003.

REQUEST No. 14. Please provide copies of PARC's follow up reports, including

reports in December 2006 and February 2009.

REQUEST No. 15. Please provide copies of the findings of the Use of Force Task

Force's analysis of statistics and trends in the use of force by PPB. This task force is

referenced on page 6 of the Department of Justice's Letter of Findings that was issued. in

September 2012.

REQUEST No. 16. U.S. Attorney Amanda Marshall and Assistant Attorney General

Thomas Perez sent a letter to Mayor Sam Adams dated September 12, 2012 stating

6 - PLAIN'T'IFF' S FIRST REQUEST FOR PRODUCTION




findings regarding the use of force against people with mental illness or in a mental

health crisis. Please provide all records of communications about the content of this

letter between representatives of the Portland Police Bureau, representatives of the City

of Portland, or the mayor or his representatives, and members of the United States

Department of Justice Civil Rights Division or the United States Attorney's Office that

occurred (a) before September 12, 2012; and (b) from September 12 to December 17,

2012.

REQUEST No. 17. Please provide one or more documents containing the names,

addresses, and telephone numbers of each individual likely to have discoverable

information that the defendants may use to support claims or defenses, and identify the

subject matter of the information each individual may provide.

REQUEST No. 18. Please provide all documents, data compilations, and tangible

things that are in the possession, custody, or control of the defendants and that the

defendants may use to support their claims or defenses.


/s/ Benjamin HailePORTLAND LAW COLLECTNE LLPBenjamin Haile, OSB #04066Attorney for Robert Seeger

7 - PLAIlVTIFF'S FIRST REQUEST FOR PRODUCTION




CERTIFICATE OF SERVICE

I hereby certify that on October 8, 2014 I served the foregoing FIRSTREQUESTS FOR PRODUCTION in Case No. ly -c~-I~(8~on the City ofPortland by an through their attorneys by hand delivery to:

Office of the City Attorney1221 SW Fourth Avenue, Room 430Portland, OR 97204


Chris KnudtsenLegal WorkerPortland Law CollectivePortland, OR 97205




10!9(2014 10:37:52 AM14CV14814

PROOF OF SERVICEATE.OF OREGON }

ss.unty of MULTNOMAH )

cerEify that I made service of this Request for Admissions upon the individuals and ofher legal entities to be served by delivering or leaving

copies of the Request for Admissions as follows:

~i Ar~allel—Pnrannnf Snrviro

Upon,

Upon.

f(s1 —

Upon

Upon

Imo- Q

Upon

by delivering a true copy to himlher, personally, at

on , 200,, at o'clock _.m.

by delivering a true copy to himlher, personally, at

on , 200_, at o'clock _.m,

by delivering a true copy at hislher dwelling house or usual place of abode located at

to

who is a person over the age of 14 years and a member of the household of the person served, on

200_, at o'clock ~m.

by delivering a true copy at his/her dwelling house or usual place of abode located at

m

who is a person over the age of 14 years and a member of the household of the person served, on


ak the business or office which shelhe maintains located at

by leaving a true copy w(th

the person who is apparenGy in charge, on

200_, at o'clock _.m., which is during normal working hours.

Upon ̀ ~i ► \[ D'~ ~ or ~' ~ gh(Name of rporation, limited partnership, etc.

a) delivering a Prue copy, personally, to who is a /the

by

(Specify registered agent, officer by title, general or managing agent, etc.)

leaving a true copy with 4 r I~ E~ ,who isap arentfy in charge o~ the offce of ~.ti'~ r ~ , ,who is a !the+.~".y ̀~

(Specify r gistered agent, officer by Title, general or managing agent, etc.)

mailing a true copy of the summons and complaint by First class mail and by certified mail, addressed to the office of the registered agent;

1 further certify that f am a competent person 18 years of age or older and a resident of the state of service or the State of Oregon, and that l

not a party to nor an officer, director or employee of, corporation or otherwise; that the person, firm or corporetion served by me is the identical

firm or corporation named in the action.

DATED this 8th day of October, 2014.

Type or Print Name

~o~-~.~.~ ~a ~ a 7?,.03Address C~

Telephone: (.'jD~S ) `~,~~ '" ~~ ̀ ~2`{-.




10/22/2014 12:53:53 PM14CV14814

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IN THE CIRCUIT COURT OF THE STATE OF OREGONIN THE COUNTY OF MULTNOMAH

~ Multnomah County Circuit Court Case No.ROBERT SEEGER, ~~ ~ 14CV14814')

Plaintiff, ~

~~i)v. i' ~

CITY OF PORTLAND, and OFFICER ~CHARLES DUANE ' ~ , Civil Subpoena Duces Tecum

'~

DEfendants. ' ~'~

To: Providence Records Custodian; c/o David Ryan; Williams Kastner, 888 SW St" Ave. #600,Portland, OR 97204; sent via email to [email protected]

IN THE NAME OF THE STATE OF OREGON AND BY ORDER OF THE COURT:

You are hereby commanded to permit inspection and copying of the following

documents or objects at the date and time specified below at the offices of the Portland Law

Collective, 1130 SW Morrison St., Suite 407, Portland, OR 97205, on November 24, 2014 at 1:30

PM to give evidence in the above-entitled matter on behalf of the Plaintiff.

Clinical file for Robert Seeger from all mental health programs, including but not

limited to the outpatient program located on Northeast Hoyt and 52nd'

• Outpatient mental health records for Robert Seeger,

• Reports from security guards employed by Providence at both the above mentioned

mental health outpatient grogram and at the Providence Medical Center hospital

located at 4805 NE Glisan St.,

• Video from the Emergency Room of Providence Portland Medical Center from

January 2, 201.3 from the hours of 1:00 pm to 5:00 pm,




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Subpoena Issued by: Attorney for PlaintiffBenjamin HaileOSB #04066Portland Law Collective, LLP.11.30 SW Morrison, Ste 407Portland, OR 97205T:503-228-1889Fax:503-223-4518

Subscribed and Witnessed this 21st day ofOctober, 4.

~ fBy:Attorney r Movant/Officer of the Court

- 2 - Portland Law CollectiveSubpoena 1130 SW Morrison, Ste 407

Portland, OR 97205503-228-1889




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CERTIFICATE OF SERVICE

STATE OF OREGON )ss.

County of Multnomah )

I hereby certify that I served the within Subpoena within said State and County, on the 22 day of

October, 2014, on the Providence Records Custodian by delivering a copy thereof to David Ryan;

Williams Kasmer, 888 SW 5th Ave. #600, Portland, OR 97204; sent via email to

[email protected]

Service Fee $O;Witness Fee: $0; Travel Fee $0

DATED: October 22, 2014 By /s/Chris Knudtsen ,Chris KnudtsenLegal WorkerPortland Law Collective1 l30 SW Morrison St., Suite 407Portland, OR 97205

I hereby certify that on October 22, 201.4 I served the foregoing Subpoena Duces Tecum in CaseNo. 14CV 14814 on the City of Portland by and through its attorneys by first class U.S. Mailaddressed as follows:

Bill ManloveCity Attorney's Office1221 SW 4t" Avenue, Ste 430Portland, OR 97204

DATED: October 22, 2014 By /s/Chris Knudtsen ,Chris KnudtsenLegal WorkerPortland Law Collective1130 SW Morrison St., Suite 407Portland, OR 97205

3 - Portland Law CollectiveSubpoena 1130 SW Morrison, Ste 407

Portland, OR 97205503-228-1889


