10/11/2018 8:39 AM 18CV45669 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) COMPLAINT ) ) ) Case No.:

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1 0//0 : AM CV 0 0 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH DANIEL MARTINEZ, Plaintiff, vs. MULTNOMAH COUNTY, MULTNOMAH COUNTY SHERIFF S OFFICE, CITY OF PORTLAND, and PORTLAND POLICE BUREAU, Defendants Case No.: COMPLAINT Prayer Amount: $, Filing fee: $0.00 ORS.0 (c NOT SUBJECT TO MANDATORY ARBITRATION JURY TRIAL REQUESTED NOW COMES, the Plaintiff, Daniel Martinez, by and through his counsel, Clark Law & Associates, LLC, and hereby complains of Defendants, Multnomah County, Multnomah County Sheriff s Office, City of Portland and Portland Police Bureau, as follows:. Venue is proper where the acts giving rise to the cause of action occurred: Portland, Multnomah County, Oregon. Page - COMPLAINT 0 SW Macadam Ave, Suite E Portland, OR Phone: (0-00 Fax: (0 -

2 0 0 Page - COMPLAINT. At all material times and circumstances, Plaintiff Daniel Martinez ( Mr. Martinez was a Latino and a resident of Forrest Grove, Washington County, Oregon; Defendant Multnomah County was a duly authorized county organized and operating under the laws of the State of Oregon; defendant Multnomah County Sheriff s Office was a county law enforcement agency of Multnomah County; defendant City of Portland was a municipal corporation organized and operating under the laws of the State of Oregon; defendant Portland Police Bureau was a law enforcement agency of defendant City of Portland (unless otherwise designated, all defendants hereinafter collectively referred to as the police. On the early evening of November, 0, Mr. Martinez, Latino, was walking easterly onto. SW Yamhill Street in Portland, Oregon. Mr. Martinez was walking at the tail end of a procession of protestors who were engaged in an Anti-Trump demonstration and/or protest march. Mr. Martinez was not participating in the Anti-Trump march per se but was marching with an unfurled flag symbolizing Hispanic heritage and pride, a cause in which he believes deeply. The police were on the scene, dressed in riot gear and prepared to quell any outbreak of violence associated with the Anti-Trump demonstration and/or protest march. Mr. Martinez was walking along the sidewalk when the police spotted him and mistook him for a suspect in a car vandalism that had occurred some days earlier. The true perpetrator of the vandalism, who was arrested subsequent to the facts and circumstances giving rise to this complaint, was an African- American and bore no resemblance to Mr. Martinez. Without any warning to Mr. Martinez, the police suddenly rushed him from behind, tackled him, threw him to the ground with great force, held him down with knees in his back and tightly handcuffed him with zip-strip type handcuffs. As Mr. Martinez was being held down, nearby members of the Anti-Trump demonstration and/or protest march reacted with an angry outburst towards the police. Mr. Martinez yelled to 0 SW Macadam Ave, Suite E Portland, OR Phone: (0-00 Fax: (0 -

3 0 0 the crowd not to over-react and to maintain the demonstration in a peaceful manner. Mr. Martinez complained to the police that the handcuffs were too tight and hurting his wrists. His complaints were ignored. He was placed in a cruiser. The zip-strip cuffs were removed and immediately replaced with standard-issue handcuffs, which the police cranked down on his wrists tightly enough to elicit further pain complaints by Mr. Martinez. The police ignored these further pain complaints. As a direct result of the actions of the police, Mr. Martinez sustained injuries to his knees, chest, and left shoulder, and nerve damage to each of his wrists. He was treated at Kaiser Permanente on three occasions.. At all times during his contact and interactions with the police, Mr. Martinez was calm and cooperative, except for his complaints of pain.. The above-described conduct by the police was intentional, excessive and unlawful.. As a direct and proximate result of the actions of the police and the injuries they caused to him, Mr. Martinez incurred economic losses as follows: three days of employment wages for a total of $.; medical treatment bills for injuries in the amount of $.00.. At all material times, the police were acting within the scope and course of their employment by the City of Portland, Portland Police Bureau, Multnomah County and/or Multnomah Sheriff s Office.. Written notice of this claim was provided to the defendants within 0 days of the abovedescribed incident. Page - COMPLAINT 0 SW Macadam Ave, Suite E Portland, OR Phone: (0-00 Fax: (0 -

4 0 0 FIRST CAUSE OF ACTION BATTERY. Plaintiff re-asserts the foregoing allegations - as if fully set forth herein. 0. As a direct and proximate result of the actions of the defendants, Mr. Martinez incurred economic losses as follows: three days of employment wages for a total of $.; medical treatment bills for injuries in the amount of $.00. Further, as a direct result of the actions of the defendants, Mr. Martinez suffered pain in his wrists, including damage to the ulnar nerve in each wrist, that has and will continue to cause him continuous numbness and tingling in his fingers and hand, weakness in his and loss of control in his hands, as well as pain, suffering, embarrassment, disruption of sleep, mental anguish and humiliation, and he may permanently suffer pain and discomfort, all to his non-economic damages in the amount of $, This number may change, depending upon whether Mr. Martinez s condition resolves, persists or worsens. SECOND CAUSE OF ACTION- VIOLATION OF ORS... Plaintiff re-asserts the foregoing allegations - as if fully set forth herein.. ORS. was intended to protect citizens in custody of government actors from harm.. As a person in custody, Mr. Martinez was among the class of persons ORS. was intended to protect. Page - COMPLAINT 0 SW Macadam Ave, Suite E Portland, OR Phone: (0-00 Fax: (0 -

5 0 0 Mr. Martinez suffered from the type of harm ORS. was intended to prevent. Page - COMPLAINT.. During his interactions with the police, Mr. Martinez was calm and cooperative, unarmed, and he never threatened the police, nor did he pose a risk of escape or physical harm to the police or any third person. In light of his complaints of pain, ignoring Mr. Martinez s repeated complaints that his handcuffs were too tight and causing him pain was unjustified and violated ORS.. As a direct and proximate result of the actions of the defendants, Mr. Martinez incurred economic losses as follows: three days of employment wages for a total of $.; medical. treatment bills for injuries in the amount of $.00. Further, as a direct and proximate result of the actions of the defendants, Mr. Martinez suffered pain in his wrists, including damage to the ulnar nerve in each wrist, that has and will continue to cause him continuous numbness and tingling in his fingers and hand, weakness in his and loss of control in his hands, as well as pain, suffering, embarrassment, disruption of sleep, mental anguish and humiliation, and he may permanently suffer pain and discomfort, all to his non-economic damages in the amount of $, This number may change, depending upon whether Mr. Martinez s condition resolves, persists or worsens. THIRD CAUSE OF ACTION- VIOATION OF CIVIL RIGHTS UNDER ART. I, SECTION OF THE OREGON CONSTITUTION Plaintiff re-asserts the foregoing allegations - as if fully set forth herein.. 0 SW Macadam Ave, Suite E Portland, OR Phone: (0-00 Fax: (0 -

6 0 0. The actions of the policed were an unreasonable and unnecessary use of force and as such constituted unnecessary rigor, thereby violating Mr. Martinez s rights under Art. I, Section of the Oregon Constitution.. As a direct and proximate result of the foregoing, Mr. Martinez incurred economic losses as follows: three days of employment wages for a total of $.; medical treatment bills for injuries in the amount of $.00. Further, as a direct and proximate result of the actions of the defendants, Mr. Martinez suffered pain in his wrists, including damage to the ulnar nerve in each wrist, that has and will continue to cause him continuous numbness and tingling in his fingers and hand, weakness in his and loss of control in his hands, as well as pain, suffering, embarrassment, disruption of sleep, mental anguish and humiliation, and he may permanently suffer pain and discomfort, all to his non-economic damages in the amount of $, This number may change, depending upon whether Mr. Martinez s condition resolves, persists or worsens. 0. FOURTH CAUSE OF ACTION- NEGLIGENT SUPERVISIION AND TRAINING. Plaintiff re-asserts the foregoing allegations - as if fully set forth herein.. Defendants were negligent in training and supervising their police officers so as to avoid an unreasonable risk of harm to members of the public, including the plaintiff, during the course of an investigation and/or arrest, including but not limited safe and proper use of handcuffs, as well reasonable investigative techniques that would minimize the risk wrongful arrests due to mistaken identity. Page - COMPLAINT 0 SW Macadam Ave, Suite E Portland, OR Phone: (0-00 Fax: (0 -

7 0. As a direct and proximate result of the foregoing, Mr. Martinez incurred economic losses as follows: three days of employment wages for a total of $.; medical treatment bills for injuries in the amount of $.00. Further, as a direct and proximate result of the actions of the defendants, Mr. Martinez suffered pain in his wrists, including damage to the ulnar nerve in each wrist, that has and will continue to cause him continuous numbness and tingling in his fingers and hand, weakness in his and loss of control in his hands, as well as pain, suffering, embarrassment, disruption of sleep, mental anguish and humiliation, and he may permanently suffer pain and discomfort, all to his non-economic damages in the amount of $, This number may change, depending upon whether Mr. Martinez s condition resolves, persists or worsens 0 WHEREFORE, plaintiff prays for judgment against the defendants, jointly and severally, in the amount of $, in non-economic damages, $,.00 in economic damages, as well as his just costs and disbursements. PLAINTIFF HEREBY DEMANDS A TRIAL BY JURY OF TWELVE PERSONS IN THIS ACTION Dated: October, 0. s/ Richard E. Davis, Jr., Esq. Richard E. Davis, Jr., Esq. OSB No. 0 Clark Law & Associates LLC Attorney for Plaintiff Page - COMPLAINT 0 SW Macadam Ave, Suite E Portland, OR Phone: (0-00 Fax: (0 -