Case 3:14-cv BR Document 1 Filed 10/09/14 Page 1 of 7

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1 Case 3:14-cv BR Document 1 Filed 10/09/14 Page 1 of 7 PAMELA S. HEDIGER, OSB # pam@eechlaw.com LAURIE J. HART, OSB # laurie@eechlaw.com PO Box Telephone: Fax: Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION JAMES G. WRIGHT v. Plaintiff, WASHINGTON COUNTY SHERIFF S OFFICE and ALLEN L. PASTORI, Defendants. Case No. COMPLAINT FOR DAMAGES Civil Rights Claim (42 USC 1983) and Claims under Oregon Law JURY TRIAL DEMANDED COMES NOW Plaintiff through his undersigned attorney and alleges as follows: PARTIES 1. Plaintiff is a United States citizen and at all times material to this complaint was a resident of Beaverton, Washington County, Oregon. 2. Defendant Washington County Sheriff s Office ( WCSO ) is a department of the County of Washington, State of Oregon, engaged in law enforcement. Page 1 of 7 Complaint

2 Case 3:14-cv BR Document 1 Filed 10/09/14 Page 2 of 7 3. Defendant Allen L. Pastori was a deputy employed by Defendant WCSO at the time of the incident. At all times he was a deputy acting under color of law and within the course and scope of his employment with WCSO. Defendant Pastori is sued in his individual and official capacity. Page 2 of 7 Complaint JURISDICTION 4. This court has jurisdiction over the subject matter pursuant to Article III, Section I of the United States Constitution and 28 USC 1331, 1332, and Jurisdiction for the state claims exists under 28 USC Plaintiff seeks compensatory and punitive damages pursuant to 42 USC 1983 and compensatory damages from Defendant WCSO under the Oregon Tort Claims Act. 7. The claims upon which this suit is based occurred in this judicial district and venue is properly established pursuant to 28 USC 1391(b). 8. Based on information and belief Defendant Pastori resides in this judicial district. 9. Plaintiff filed a valid and timely tort claim notice with Washington County, acknowledged by letter dated August 23, 2013, from Michael S. Farrell of Farrell & Associates Insurance Claims Services, Inc. STATEMENT OF FACTS 10. Plaintiff is a 61 year old citizen of Beaverton. He is a retired claims manager who then served as an independent insurance adjuster. 11. On October 9, 2012, Plaintiff returned home from an evening out, pulled in to his driveway, and opened his garage door to pull into his garage.

3 Case 3:14-cv BR Document 1 Filed 10/09/14 Page 3 of Plaintiff then pulled into his garage and turned his car off, which caused his automatic door locks to unlock. 13. Defendant Pastori entered plaintiff s garage while the door was open; Plaintiff s garage door then closed. at plaintiff. 14. Defendant Pastori opened Plaintiff s drivers car door and began yelling 15. Plaintiff was startled and remained in his vehicle. 16. Defendant Pastori then began striking plaintiff in the face, knocking his glasses off. Defendant Pastori continued to strike plaintiff in the face and ripped his clothing. 17. Defendant Pastori struck plaintiff until he blacked out. 18. Plaintiff woke up handcuffed and laying in a pool of blood on his concrete garage floor. 19. The force of the contact caused blood to splatter all over the side of Plaintiff s vehicle and created a puddle of blood on Plaintiff s garage floor. 20. Plaintiff was later taken to the hospital for his injuries, at which time it was discovered that the attack caused a bleed in his brain in addition to bruises and lacerations on Plaintiff s face, head, and mouth. 21. As a result of the unprovoked attack by Defendant Pastori, Plaintiff spent two days in critical care at Oregon Health Sciences University ( OHSU ). FIRST CLAIM FOR RELIEF 42 USC 1983 Against Defendant Pastori 22. Plaintiff hereby incorporates by reference the allegations contained in Page 3 of 7 Complaint

4 Case 3:14-cv BR Document 1 Filed 10/09/14 Page 4 of In committing the acts complained of herein Defendant Pastori acted under color of law to deprive Plaintiff as alleged herein of certain constitutionally protected rights as set forth in the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, including but not limited to: (a) the right to be free from police use of excessive and unreasonable force; (b) the right to be free from unlawful detention; (c) the right to be free from intimidation and humiliation; and (d) the right to be free from unreasonable search and seizure. SECOND CLAIM FOR RELIEF 42 USC 1983 Against Defendant WCSO 24. Plaintiff hereby incorporates by reference the allegations contained in 25. On information and belief deprivations of civil rights alleged herein were caused by Defendant WCSO in the following manner: (a) having a policy and/or custom and practice of permitting deputies to violate the rights of citizens without disciplinary action taken against them; (b) in failing to properly train and supervise Defendant Pastori in the proper and legal use of force; (c) in having a policy and/or custom and practice of ratifying and approving the use of illegal and unreasonable force by WCSO deputies Page 4 of 7 Complaint

5 Case 3:14-cv BR Document 1 Filed 10/09/14 Page 5 of 7 and failing to implement methods and training to prevent future injury; and (d) in having a policy and/or custom and practice of failing to terminate or take disciplinary action against WCSO deputies who use illegal and unreasonable force, or otherwise violate the rights of citizens. Page 5 of 7 Complaint THIRD CLAIM FOR RELIEF Assault and Battery as to all Defendants 26. Plaintiff hereby incorporates by reference the allegations contained in 27. On information and belief as a result of the policies, practices, and orders of WCSO and due to the actions of Defendant Pastori an unlawful assault and battery was committed on Plaintiff in violation of Oregon law. 28. All of the above tortuous conduct caused Plaintiff to reasonably fear imminent harm to his health and safety, and additional use of force against him. 29. In striking Plaintiff in the face until he blacked out, knocking his glasses off, tearing his clothing and causing a bleed in Plaintiff s brain in addition to bruises and lacerations on Plaintiff s face, head, and mouth Defendant WCSO and Defendant Pastori intentionally, maliciously, and voluntarily caused harmful and/or offensive contact with Plaintiff. FOURTH CLAIM FOR RELIEF Intentional Infliction of Severe Emotional Distress State law as to all Defendants 30. Plaintiff hereby incorporates by reference the allegations contained in 31. Defendants intended to inflict severe mental and/or emotional distress

6 Case 3:14-cv BR Document 1 Filed 10/09/14 Page 6 of 7 on Plaintiff, and such distress was certain or substantially certain to occur as a result of Defendant s conduct. 32. Defendants acts were an extraordinary transgression of the bounds of socially tolerable conduct or exceeded any reasonable limit of social toleration. FIFTH CLAIM FOR RELIEF Negligence as to all Defendants 33. Plaintiff hereby incorporates by reference the allegations contained in 34. Defendants, and each of them, owed Plaintiff a duty to use due care at or about the times of the aforementioned incidents. 35. Defendants, and each of them, owed Plaintiff a duty to intervene and to prevent the application of illegal use of force, resulting in injuries and damages to Plaintiff as alleged herein. 36. In committing the aforementioned acts and/or omissions, Defendants, and each of them, negligently breached said duty to use due care, directly and proximately resulting in the injuries and damages to the Plaintiff as alleged herein. JURY TRIAL DEMANDED 37. Plaintiff demands a jury trial in this matter on all matters properly triable to a jury herein. ATTORNEY S FEES 38. If Plaintiff prevails in this action, by settlement or otherwise, Plaintiff is entitled to and hereby demands attorney s fees under 42 USC 1984, et seq. including Page 6 of 7 Complaint

7 Case 3:14-cv BR Document 1 Filed 10/09/14 Page 7 of 7 PRAYER WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them jointly and severally, as follows: 1. Economic damages according to proof; 2. Special damages according to proof; 3. Punitive and exemplary damages according to proof (as to individual defendants); 4. Costs of suit and reasonable attorneys fees; and 5. Such other and further relief as the court deems just and proper. DATED the 9th th day of October, EVASHEVSKI, ELLIOTT, CIHAK & HEDIGER, PC By /s/ LAURIE J. HART PAMELA S. HEDIGER, OSB # pam@eechlaw.com LAURIE J. HART, OSB # laurie@eechlaw.com Of Attorneys for Plaintiff Page 7 of 7 Complaint