Case 6:18-cv TC Document 1 Filed 03/28/18 Page 1 of 14

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1 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 1 of 14 David D. Park, OSB # Telephone: Facsimile: ( dave@elliott-park.com Jennifer J. Middleton, OSB # JOHNSON JOHNSON LUCAS & MIDDLETON, PC 975 Oak Street, Suite 1050 Eugene, OR Telephone: ( Facsimile: ( jmiddleton@justicelawyers.com Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION ESTATE OF WILLIAM HAN MANSTROM- GREENING, by and through Carol J. Manstrom, Personal Representative, v. Plaintiff, LANE COUNTY, LANE COUNTY PAROLE AND PROBATION, DONOVAN DUMIRE, and GLENN GREENING, Defendants. Case No. 6:18-cv COMPLAINT FOR CIVIL RIGHTS VIOLATIONS AND RELATED STATE LAW CLAIMS DEMAND FOR JURY TRIAL 1 - COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

2 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 2 of 14 INTRODUCTION On February 13, 2017, Lane County Parole and Probation Officer Glenn Greening left his Glock 19 duty weapon and ammunition readily accessible, loaded and unattended inside his home, and went to bed. His son, William Han Manstrom-Greening, an eighteen year old Marist High School student, used the gun to kill himself in the early morning hours of February 14. The acts of Lane County Parole and Probation, its Manager Donovan Dumire and Glenn Greening with respect to the firearm created and/or enhanced the danger of death to William Han Manstrom-Greening and deprived him of his Fourteenth Amendment due process liberty interest in physical security. The acts of these defendants were also the cause of the William Han Manstrom-Greening s wrongful death under state law. JURISDICTION AND VENUE 1. Plaintiff brings an action for money damages against Lane County, acting through Lane County Parole and Probation, Donovan Dumire, its current Manager, its current former managers, including the Lane County Sheriff and Parole and Probation Officer Glenn Greening, for depriving William Han Manstrom-Greening of his due process liberty interest in physical security, protected under the Fourteenth Amendment to the United States Constitution and made actionable by 42 U.S.C Plaintiff also brings a state law wrongful death claim for money damages against Lane County and Glenn Greening. Accordingly, this Court has federal question jurisdiction under 28 U.S.C. 1331, 1343, and supplemental jurisdiction pursuant to 28 U.S.C over all related state law claims. 2. Venue is proper in this judicial district under 28 U.S.C because a substantial 2 - COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

3 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 3 of 14 part of the acts or omissions giving rise to the claims for relief occurred in Lane County, Oregon, and each of the Defendants is subject to the personal jurisdiction of this Court. PARTIES 3. Carol J. Manstrom, a citizen and resident of Lane County, Oregon, is the duly appointed Personal Representative of the plaintiff Estate of William Han Manstrom-Greening, Lane County Circuit Court Probate Case No. 17PB01361, and is the mother of decedent William Han Manstrom-Greening. Carol J. Manstrom and Glenn Greening are the sole beneficiaries of the plaintiff s estate under ORS Defendant Lane County is a political subdivision of the State of Oregon. 5. Defendant Donovan Dumire is the Community Corrections Manager and chief policy maker for Lane County Parole and Probation and at all times material was acting in his official capacity and under color of state law. 6. Defendant Glenn Greening was the father of William Han Manstrom-Greening (hereinafter also sometimes referred to as Will and at the time of the acts and omissions giving rise to this action resided in Eugene, Lane County, Oregon. 7. Defendant Glenn Greening is or, at all times material, was a Parole and Probation Officer employed by defendant Lane County, was acting within the course and scope of his employment and acting under color of state law. FACTS 8. At all times material hereto, defendant Lane County employed defendant Glenn Greening as a Parole and Probation Officer and, pursuant to ORS , had control and right of 3 - COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

4 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 4 of 14 control whether defendant Greening was authorized to carry a firearm while on duty, control and right of control of the ammunition for such firearm and control and right of control of the manner of Greening s safe keeping and storage of his duty weapon and ammunition when defendant Greening was on and off duty. 9. In or about June of 2012, defendant Lane County Parole and Probation, upon information and belief then acting through the Lane County Sheriff, re-authorized defendant Greening to carry a firearm while on duty and authorized and approved defendant Greening to carry a Glock 19 semi-automatic pistol, serial number AYU935US, as his duty weapon. At that time defendant Lane County knew or should have known the following facts demonstrating that defendant Greening lacked the requisite sound judgment and emotional control to safely and responsibly possess, handle and store a firearm: a On two occasions, the first in 2001, and the second in early 2004, defendant Lane County suspended defendant Greening s authorization to carry a firearm; b Defendant Greening has a history of mental health diagnoses, including diagnoses of bipolar disorder and severe depression, requiring medication management; c Defendant Greening had been the subject of personnel complaints, some of which involved harassment and threats of violence against co-workers, including Carol Manstrom; d Defendant Greening had a history of difficulty in controlling his anger, including at least two contempt findings in divorce proceedings involving Carol Manstrom; e Defendant Greening had been the subject of multiple complaints from supervised 4 - COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

5 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 5 of 14 offenders for erratic and unreasonable supervision of their conditions of release, as well as similar complaints from outside agencies with whom Greening interacted in the course of his work as a PPO. 10. Defendant Lane County required defendant Greening to retain possession of his duty weapon and duty ammunition while off duty. 11. On February 13, 2017, defendant Glenn Greening worked a regular shift for defendant Lane County as a Parole and Probation Officer and carried his loaded duty weapon during his shift. Upon arriving home from work that evening, defendant Greening placed his duty weapon loaded with ammunition approved and supplied by defendant Lane County on a desk in the living room of his home and left it unsecured and unattended. Later that evening, defendant Greening went to bed, leaving his loaded duty weapon unsecured and unattended. 12. Upon information and belief, on February 13, 2017, and at all times material, defendant Greening possessed a gun safe, trigger lock, cable lock, locking gun case or lock box for safely storing and securing his duty weapon and duty ammunition in his home when such firearm was not in use. 13. In the early morning hours of February 14, 2017, Will died by suicide, using defendant Greening s duty weapon and defendant Lane County s ammunition. 14. At all times material, and for not less than 25 years prior February 14, 2017, defendant Greening was informed and knew the following: a no firearm should be left unattended; b all firearms should be stored unloaded and secured in a locked storage container; 5 - COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

6 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 6 of 14 c ammunition should be stored in a locked container and in a location separate from the firearm; d all department authorized firearms and ammunition should be locked and secured while PPO officers are in their homes, vehicles or any other area under their control in a manner that will keep them inaccessible to others. 15. At all times material each defendant knew or should have known that failure to properly store and secure firearms increased the risk of suicide and accidental death, based upon the following facts, among others: th a Suicide is the 10 leading cause of death across the general population and 50% of all 1 suicides involve the use of a firearm. Among young people ages 15 to 24, suicide is 2 the second leading cause of death. Males are four times more likely than females to 3 die from suicide attempts. b Access to firearms is highly correlated with increased risk for suicide, especially 4 among adolescents; 1 Deaths: Final Data for 2014, Kochanek, Murphy, Xu and Tejada-Vera, National Vital Statistics Reports, Volume 65, No. 4, June 30, 2016, US Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics. 2 Ten Leading Causes of Deaths, 2015, US Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics (2015 CDC WISQARS 3 Id., n See, e.g., Brent DA, Perper JA, Moritz, G et al. Firearms and Adolescent Suicide, A Community Case-Control Study. Am J Dis Child. 1993; 147(10: COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

7 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 7 of 14 c The suicide rate of adoptees is four times greater than the suicide rate of children raised by a biological parent or parents. 5 d Multiple media reports of suicides and accidental deaths resulting from improperly stored service firearms of law enforcement officers include, but are not limited to: September 15, 2010, Columbian, 3 year old son of Clark County Sheriff s detective accidentally shot himself with father s handgun. May 22, 2012, Associated Press, Washington State Police Officer charged in the death of his 7 year old daughter, resulting from leaving loaded handgun under the seat of a family van. April 12, 2013, CNN, New Hampshire Police Chief cited for improper storage of service firearm following suicide by the 15 year old son of his girlfriend. May 24, 2014, New York Daily News, Chicago Police sergeant disciplined when he left service weapon unattended while using restroom and woman he was visiting used it to commit suicide. October 27, 2016, ABC News 13, Western North Carolina, girlfriend of Polk County Deputy used service weapon to commit suicide at Deputy s residence. January 20, 2017, Associated Press, Daily Mail, 8 year old daughter of New Jersey police officer shot herself with father s.357 revolver, left loaded and unsecured on a shelf in the home. 5 Risk of Suicide Attempt in Adopted and Nonadopted Offspring, Keyes M., Malone S., Sharma A, et al, Pediatrics, COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

8 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 8 of 14 e Multiple organizations whose purpose and function is to increase public awareness regarding public health and safety risks associated with handgun ownership include, but are not limited to: Be Smart for Kids, American Foundation for Suicide Prevention, Oregon Alliance for Gun Safety, National Physicians Alliance, Means Matter/Harvard T.H. Chan School of Public Health, Gun Owners For Responsible Ownership, National Crime Prevention Council, Prevention Lane, At all times material defendant Lane County maintained a Firearms Policy governing defendant Greening s possession, handling and storage of his duty weapon, which included the following terms and conditions: a Officers will, at all times, handle their duty firearm according to approved and recognized safety practices, training, policies and procedures. b Firearms will never be stored in a desk, file cabinet, or otherwise left unattended. Unattended, or unsecured firearms will be immediately secured and the incident reported immediately to the duty Supervisor or other member of the management team. An employee discovering an unsecured weapon will also prepare a written Unusual 8 - COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

9 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 9 of 14 Incident Report and submit it to his/her Supervisor. 17. At all times material defendants Lane County and Donovan Dumire knew that their employees off duty possession, use and storage of their duty weapons was unsupervised, that Lane County failed to train and supervise its employees regarding safe home storage of their firearms, that Lane County lacked policies and procedures to ensure its armed employees, including Greening, were safely handling and storing their duty weapons and ammunition when off duty and that the absence of such training and supervision could result in serious injury or death to third persons exposed to an unattended, unsecured and loaded firearm. 18. On February 14, 2017, or within a week thereafter, defendant Lane County Probation and Parole was informed that defendant Greening s duty weapon had been left unattended and unsecured in Greening s home and had caused Will Manstrom-Greening s death. Defendants Lane County and Donovan Dumire, having knowledge of all material facts, took no disciplinary action against defendant Greening nor otherwise acted to repudiate or disavow defendant Greening s conduct. 19. At all times material hereto, defendant Greening knew the following facts which placed Will Manstrom-Greening at increased risk for suicide: a Will was adopted and separated from his birth parents, country and culture and defendant Greening participated in the adoption process, attending pre-adoption instruction through Holt International, including instruction that every adopted child is emotionally and psychologically vulnerable; b Defendant Greening s separation and divorce from Carol Manstrom in 2001 and 9 - COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

10 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 10 of 14 related restraining order, custody, visitation and contempt proceedings were highly acrimonious; c Greening involved Will in custody proceedings by making false reports to DHS that Carol Manstrom physically abused Will and possessed child pornography, pressured Will to make false statements to support Greening s false claims of abuse by Manstrom, and engaged in numerous other acts of parental alienation; d Greening openly expressed animosity and hatred for Carol Manstrom to and in front of Will; e Will needed and received mental health counseling over a period of months or years as a child and, again, from approximately 2012 to 2015, as a teenager; f In November, 2014, Will s pediatrician observed signs of depression and referred Will for a mental health evaluation; g In November, 2014, Will was diagnosed with depression and was placed on a trial prescription of anti-depressant medication; h Greening discouraged Will from, or did not support the advice of Will s then treating psychologist in, completing his trial of prescription anti-depressant medication and continuing counseling and Will ceased taking anti-depressant medication and ceased counseling; I In January, 2017, a serious relationship between Will and a girlfriend ended; and j On February 13, 2017, a Monday, Will uncharacteristically stayed home from school, complaining of flu-like symptoms COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

11 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 11 of 14 FIRST CLAIM FOR RELIEF Violation of Fourteenth Amendment (42 U.S.C (Against Lane County, Donovon Dumire in his official and individual capacities and Glenn Greening in his individual capacity 20. Plaintiff incorporates by reference all allegations in the preceding paragraphs 1 through 19 as if fully set forth herein. 21. Defendant Donovan Dumire, acting as final policy maker for Lane County with regard to the decisions whether to continue the authority of Glenn Greening to carry a duty weapon and whether to train and supervise Parole and Probation officers, including Glenn Greening, to handle their duty firearm according to approved and recognized safety practices, training policies and procedures, authorized Glenn Greening to carry a duty firearm and failed to train and/or supervise defendant Greening and other armed employees how to safely handle and store their duty weapons within their residences. 22. Defendants Lane County, Dumire and Greening created a dangerous situation within the home of William Han Manstrom-Greening and exposed William Han Manstrom-Greening to a danger he would not otherwise have faced by authorizing and requiring, as a condition of employment, that Greening carry and bring a loaded firearm into his home and by leaving such firearm accessible and unattended. 23. Defendants engaged in such conduct with deliberate indifference to and/or conscious disregard of the risk of harm to persons who might gain access to defendant Greening s loaded duty weapon, including William Han Manstrom-Greening. 24. As a direct and proximate consequence of defendants constitutional violations, William Han Manstrom-Greening accessed the duty weapon of defendant Greening and died by 11 - COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

12 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 12 of 14 suicide and the plaintiff Estate is entitled to recover non-economic and economic damages as compensation for the loss of Will s society, companionship and services in such amount as the jury may determine fair and reasonable compensation for such harms and losses. Plaintiff Estate is further entitled to punitive damages against the County for its reckless disregard of Manstrom-Greening s constitutional rights, and to punish and deter such conduct in the future. costs. herein. 25. Pursuant to 42 U.S.C. 1988, the Estate is entitled to recover its attorney fees and SECOND CLAIM FOR RELIEF State Law Wrongful Death (Negligence (Against Defendant Glenn Greening 26. Plaintiff incorporates by reference paragraphs 1-3, 6, and 19, as if fully set forth 27. Defendant Greening was negligent in one or more of the following particulars, each of which was a substantial factor in causing the death of William Han Manstrom-Greening: a In failing to safely secure and store his duty weapon; b In leaving his loaded duty weapon unattended; Plaintiff Estate reserves the right to supplement its specifications of defendant Greening s negligence after conducting reasonable and necessary discovery. 28. William Han Manstrom-Greening s death was the direct result of the defendant Glenn Greening s negligence, and the plaintiff Estate is entitled to recover non-economic and economic damages as compensation for the loss of Will s society, companionship and services in such amount as the jury may determine fair and reasonable compensation for such harms and losses COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

13 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 13 of 14 THIRD CLAIM FOR RELIEF State Law Wrongful Death (Negligence (Against Lane County 29. Plaintiff incorporates by reference all allegations in the preceding paragraphs 1 through 19 and 27, as if fully set forth herein. 30. On October 9, 2017, plaintiff gave timely written notice of tort claim to defendant Lane County, in compliance with ORS Defendant Lane County was negligent in one or more of the following particulars, each of which was a substantial factor in causing the death of William Han Manstrom-Greening: a Re-authorizing defendant Greening to carry a duty weapon; b Upon information and belief, failing to require defendant Greening to undergo a psychological screening before or at any time after re-authorizing him to carry a duty weapon; c Failing to adopt and/or implement rules, policies, processes and procedures to ensure that armed PPO officers, including defendant Greening, were safely securing and storing duty weapons and ammunition in their residences; d To the extent that defendant Lane County did have rules, policies, processes or procedures instructing staff to safely store firearms in their residences, failing to train its employees in such policies and procedures and failure to enforce safe firearm storage by supervision including, but not limited to, regular reminders, inspections, employee compliance certifications and discipline. Plaintiff Estate reserves the right to supplement its specifications of defendant Lane County s 13 - COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (

14 Case 6:18-cv TC Document 1 Filed 03/28/18 Page 14 of 14 negligence after conducting reasonable and necessary discovery. 32. Defendant Lane County is vicariously liable under respondeat superior for the negligence of its employee, Glenn Greening, alleged above, and/or is liable for defendant Greening s negligence because defendant ratified Greening s acts of negligence. 33. William Han Manstrom-Greening s death was the direct result of defendant Lane County s negligence and/or the acts of its employee Glenn Greening which it has ratified and/or for which defendant Lane County is vicariously liable and the plaintiff Estate is entitled to recover noneconomic and economic damages from Lane County as compensation for the loss of Will s society, companionship and services in such amount as the jury may determine fair and reasonable compensation for such harms and losses. WHEREFORE, plaintiff prays for judgment against defendants for non-economic and economic damages in an amount to be determined by the jury, and for plaintiff s costs and disbursements incurred herein. PLAINTIFF DEMANDS A JURY TRIAL. DATED this 28th day of March, s/ David D. Park David D. Park, OSB # dave@elliott-park.com Jennifer J. Middleton, OSB # jmiddleton@justicelawyers.com Johnson Johnson Lucas & Middleton, P.C. Attorneys for Plaintiff 14 - COMPLAINT FOR CIVIL RIGHTS VIOLATIONS Fax: (