3/11/ :19 AM 19CV11254 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 //0 : AM CV IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH 0 MAURA K. ROBERTS, personal representative of the decedent SPIROS GHENATOS, vs. Plaintiff, STATE OF OREGON; OREGON PSYCHIATRIC SECURITY REVIEW BOARD; CITY OF SPRINGFIELD; and SPRINGFIELD POLICE DEPARTMENT, Defendants. Case No.: COMPLAINT (Wrongful Death and Personal Injury- Negligence NOT SUBJECT TO MANDATORY ARBITRATION JURY TRIAL DEMANDED PRAYER: $,00,000 ORS.0((d 0 Plaintiff demands a jury trial and alleges:. Plaintiff Maura K. Roberts is the court appointed personal representative of the decedent Spiros Ghenatos. She brings this action on behalf of the estate of Spiros Ghenatos and its beneficiaries. PAGE COMPLAINT 0 E. Broadway, Ste. 0 Eugene, OR 0 Fax: -0- Phone: --0

2 0. At all relevant times, the State of Oregon ( Oregon acted through its agencies, agents, and employees, who acted within the course and scope of their agency and employment.. At all relevant times, the Oregon Psychiatric Security Review Board ( PSRB was an agency of the State of Oregon. All agents and employees of PSRB were at all times mentioned herein acting within the course and scope of their agency and employment.. Hereinafter defendants PSRB and Oregon shall be jointly referred to as State Defendants.. At all relevant times, the City of Springfield was a local public body that acted through its departments, agents, and employees, who acted within the course and scope of their agency and employment.. At all relevant times, the Springfield Police Department was a department, bureau, or agency of the City of Springfield. All agents and employees of 0 Springfield mentioned herein were at all times acting within the course and scope of their agency and employment. PAGE COMPLAINT 0 E. Broadway, Ste. 0 Eugene, OR 0 Fax: -0- Phone: --0

3 0 0. Hereinafter defendants City of Springfield and Springfield Police Department shall be jointly referred to as Springfield Defendants.. In or around 00, Joshua Jaschke ( Jaschke, a mentally ill person was sentenced to the jurisdiction, custody, and supervision of State Defendants.. From his original sentencing up until December 0, State Defendants have known or had reason to know that Jaschke suffered symptoms indicating psychosis and other severe and unpredictable mental disorders that have caused him to menace society and that indicated that he would continue to menace society into the future if left to his own devices. During that time, State Defendants knew or had reason to know that Jaschke, had a history of serious criminal activity including, stabbing, robbing, menacing, thieving from, and assaulting human beings in Oregon. 0. Because of Jaschke s history of dangerous criminal behavior and mental illness, Jaschke was sentenced to serve 0 years in the custody, supervision, and jurisdiction of State Defendants. Pursuant to that sentence and jurisdiction, State Defendants exercised control over Jaschke by placing him in a secure mental health treatment facility in Northern Oregon where he would be regularly supervised and controlled so that the public would not be exposed to his erratic, anti-social, dangerous, and criminal behavior. PAGE COMPLAINT 0 E. Broadway, Ste. 0 Eugene, OR 0 Fax: -0- Phone: --0

4 0 0. In or around December 0, Jaschke was still serving out his sentence under the jurisdiction, custody, and control of State Defendants. State Defendants decided to grant him temporary, short-term release or furlough, referred to as a Christmas or Holiday Pass, from the secure mental health facility where he was housed under the condition that he stay with his mother in Southern Oregon for the duration of the pass and he return to the mental health facility on a date before December 0, 0.. Jaschke, predictably given to severe mental illness, criminal, and erratic behavior, promptly violated the conditions of release, never contacted much less stayed with his mother, and instead absconded from all custody and supervision, and ceased all contact with State Defendants and failed to return to the mental health facility by the expected date of return.. After violating the conditions of his release and absconding from the control of State Defendants, Jaschke was involved in a domestic disturbance which led to Springfield Defendants contacting him. Springfield Defendants promptly determined that Jaschke exhibited mentally erratic and potentially dangerous behavior and decided that for the safety of all involved he should be placed in handcuffs and detained. PAGE COMPLAINT 0 E. Broadway, Ste. 0 Eugene, OR 0 Fax: -0- Phone: --0

5 . After detaining Jaschke, Springfield Defendants identified him and determined that he had violated the conditions of his holiday release and had absconded from State Defendants control. Springfield Defendants also 0 0 identified that Jaschke was supposed to be in the custody of a secure mental health facility in Northern Oregon pursuant to his criminal justice sentencing with State of Oregon.. Springfield Defendants telephoned State Defendants to discuss what should be done with Jaschke. At the time of the telephone call, all defendants knew or had reason to know of Jaschke s tendencies of violent and criminal behavior based on his readily available criminal record and mental health records. Likewise, all defendants had authority and a duty to ensure the continued detention of Jaschke and/or his delivery to a secure mental health facility so that he would cause no harm to the public. Yet all defendants declined to exercise such authority and duty. After the telephone discussion between all defendants concluded, Jaschke was released from his handcuffs and walked off into the Oregon night.. On March, 0, Jaschke visited Spiros Ghenatos in an apartment in Eugene, Oregon. Spiros Ghenatos was a frail and ill man, who suffered severe physical infirmities and was bed-ridden. Jaschke, in a state of psychosis, drew PAGE COMPLAINT 0 E. Broadway, Ste. 0 Eugene, OR 0 Fax: -0- Phone: --0

6 a knife on the bed-ridden man and repeatedly stabbed him in the face and body until all life was extinguished from his being.. State Defendants were negligent in one or more of the following ways: 0 0 (a (b (c (d (e ways: (a (b In releasing Jaschke on a temporary basis without adequate supervision; In failing to locate and detain Jaschke after learning that he had violated the terms of his temporary release or furlough; In failing to detain Jaschke after he was secured by Springfield Defendants; In failing to take steps to ensure the transport of Jaschke to a secure facility after he was taken into custody by Springfield Defendants; In choosing to release Jaschke after he had been detained by Springfield Defendants.. Springfield Defendants were negligent in one or more of the following In choosing to release Jaschke; and In failing to take steps to ensure the transport of Jaschke to a secure facility after he was taken into custody.. All defendants knew, or in the exercise of reasonable care should have known, that each of the negligent acts or omissions described above would create PAGE COMPLAINT 0 E. Broadway, Ste. 0 Eugene, OR 0 Fax: -0- Phone: --0

7 0 0 a foreseeable, unreasonable risk of harm to members of the public who happened to be present during episodes of Jaschke s extreme, antisocial, and/or psychotic behavior, including Spiros Ghenatos. 0. At the time of his death, Spiros Ghenatos was years old, and he had a reasonable life expectancy of an additional 0 years.. The negligence of defendants in one or more of the ways described above was a substantial factor in causing Spiros Ghenatos death, causing him to suffer pain, anguish, and mental trauma from the time of his realization that Jaschke initiated an knife assault on his person and began stabbing him in the face and body until his ultimate death thereafter, and causing the beneficiaries of his estate to be deprived of his love, society, and companionship. All of the foregoing human losses and damages are in an amount to be determined by the jury in accordance with the law, but not to exceed $,00, To the extent that such notice was required, notice of all claims were properly given to State Defendants and Springfield Defendants within the period of time designated under ORS 0. after plaintiff discovered the claims against the governmental bodies. * * * * * * * * * * * * * * * PAGE COMPLAINT 0 E. Broadway, Ste. 0 Eugene, OR 0 Fax: -0- Phone: --0

8 0 WHEREFORE, plaintiff Maura Roberts prays for judgment against defendants and each of them as follows: A Damages in the amount of $,00,000; B For his costs and disbursements necessarily incurred herein. Dated: March, 0 ZEMPER EIVA LAW LLC /s/travis Eiva. Travis Eiva, OSB No travis@zempereiva.com Erin Zemper, OSB No. 0 erin@zeempereiva.com Of Attorneys for Plaintiff 0 PAGE COMPLAINT 0 E. Broadway, Ste. 0 Eugene, OR 0 Fax: -0- Phone: --0