jermaine robinson complaint

COMPLAINT

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ROGOWAY LAW 6312 SW CAPITOL HWY #1102 PORTLAND OR 97239 503.334.0331

Edie Rogoway, OSB #000935

Email: [email protected]

Rogoway Law

6312 SW Capitol Highway #1102

Portland OR 97239

Phone: 503-334.0331

Fax: 503-334.0366

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

JERMAINE E. ROBINSON,

Plaintiff,

vs.

WILLIAM BLOOD, in his individual capacity;

BRIAN WILBUR, in his individual capacity;

CITY OF HILLSBORO,

Defendants.

Case No. 3:14-CV-00903

COMPLAINT

42 U.S.C 1983 CIVIL

RIGHTS VIOLATIONS;

SUPPLEMENTAL STATE

CLAIMS

DEMAND FOR JURY

TRIAL

1.

NATURE OF THE ACTION

2.

This is a civil rights action brought by Jermaine Robinson (Plaintiff)

3.

Plaintiff alleges that during, and/or because of his unlawful arrest, detention, and

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incarceration the above captioned individual defendants, William Blood and Brian Wilbur, and

the City of Hillsboro: (a) violated Title 1983 of the Civil Rights Act, through violations of civil

rights guaranteed by the substantive, procedural, and due process components of the U.S. and

Oregon Constitutions; (b) the City of Hillsboro is liable for violating Title 1983 of the Civil

Rights Act, 42 U.S.C. 1983, through establishing a pattern or policy of civil rights violations by

ratifying a subordinates unconstitutional actions pursuant to Monell v. Department of Social

Services, 436 US 658 (1978) and Adickes v. Kress, 398 US 144 (1970); (c) individually listed

Defendants are liable for assault and battery under state law; (d) The City of Hillsboro is liable

for the individual defendants violations of assault and battery, under the theory of respondent

superior.

4.

Plaintiff seeks compensatory damages, punitive damages against defendants Blood

and Wilbur in their individual capacities, and attorneys fees and costs.

5.

JURISDICTION AND VENUE

6.

This civil action arises under the Constitution and laws of the United States, and

therefore this Court has jurisdiction pursuant to 28 U.S.C. 1331 and 1343(a).

7.

With regard to state law claims, this Court has supplemental jurisdiction under 28


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U.S.C. 1367 thus venue is properly vested in this Court pursuant to 28 U.S.C. 1391(b).

8.

The actions giving rise to this complaint took place in the City of Hillsboro, Washington

County, Oregon.

9.

PARTIES

10.

Plaintiff Jermaine E. Robinson (Plaintiff ) was a resident of Hillsboro, Oregon at all

times material to this case.

11.

Defendant City of Hillsboro (The City) is a municipality, incorporated under the laws

of the State of Oregon, and responsible under state law for the acts and omissions of its

employees and officials, including those whose conduct is at issue herein. The City is responsible

for the constitutional violations at issue in this case because a final policymaker ratified a

subordinates unconstitutional actions.

12.

At all material times herein, Defendant William Blood (Defendant Blood) was a

Hillsboro Police Officer acting within the course and scope of his employment and is being sued

in his individual capacity as such. Defendant Blood carried out the actions complained of in his

individual capacity, under the color of state law, and in the course and scope of his employment

and dues as an employee of the City of Hillsboro Police Department.


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13.

At all material times herein, Defendant Brian Wilbur (Defendant Wilbur) was a

Hillsboro Police Officer acting within the course and scope of his employment and is being sued

in his individual capacity as such. Defendant Wilbur carried out the actions complained of in his

individual capacity, under the color of state law, and in the course and scope of his employment

and dues as an employee of the City of Hillsboro Police Department.

14.

BACKROUND FACTS

15.

On the evening of June 15, 2012, Plaintiff was exercising on his bicycle near his

residence when he was stopped by Hillsboro Police Officer William Blood (Defendant Blood),

purportedly for committing bicycle violations.

16.

On information and belief, Defendant Blood refused to respond to Plaintiffs inquiry as to

why he was being questioned and detained, and when Plaintiff asked if he was free to leave,

Defendants Blood and Wilbur violently grabbed Plaintiff and threw him off of his bicycle.

Plaintiff was then Tasered twice by Defendant Wilbur, thrown to the ground, and hit with a knee

strike in the back by Defendant Blood, causing Plaintiff to sustain serious injuries. Plaintiff

was handcuffed and transported to the Washington County Jail.

17.


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Defendant Blood initiated the following misdemeanor charges against Plaintiff:

Interfering With a Police Officer; Resisting Arrest; and Disorderly Conduct. However, the

Washington County District Attorneys office proceeded only on one count of Resisting Arrest.

18.

Plaintiff was forced to retain competent criminal defense counsel to defend this

allegation, and almost a year after the incident, the case was tried before a jury who acquitted

him of the charge shortly after deliberations began. Plaintiff was also required to pay the costs

associated with his legal representation in the criminal matter.

19.

As a result of unlawful and excessive force used by Defendants Blood and Wilbur,

Plaintiff sustained serious physical injuries including a herniated disc in his lumbar spinal region,

which will require surgery followed by intensive rehabilitation. Plaintiff also sustained abrasions

and bruises, muscle and ligament strain, and significant psychological trauma as a result of

Defendant Bloods and Defendant Wilburs misconduct.

20.

Plaintiff has received ongoing medical treatment for these injuries, however, to date all

conservative treatment measures including modified activities, physical therapy and chiropractic

manipulation have failed to resolve these injuries, and Plaintiffs treatment providers have

determined that surgery is the only viable option. Plaintiff continues to suffer significant pain

that interferes with his employment, recreational and leisure activities, and sleep.

21.


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Plaintiff continues to experience significant emotional and psychological trauma as a

result of this incident; every aspect of his life has been negatively impacted by these events.

22.

CLAIMS FOR RELIEF

23.

Plaintiff brings claims under 42 USC 1983, for violations of his Fourth Amendment

rights including: excessive force resulting in substantial injury and; unreasonable

seizure/detainment lacking in probable cause; violations of his 14th Amendment rights to due

process; as well as pendant State Law claims for Assault and Battery.

24.

Plaintiff seeks an award of economic damages, non-economic damages, injunctive relief,

punitive damages where appropriate, attorney fees and litigation expenses/costs against

defendants.

25.

Plaintiff provided Defendants with formal notice of his intent to pursue claims pursuant

to ORS. 30.275(3)(a) on or about December 2, 2012 and November 9, 2013, in letters to Pam

Beery, Attorney for the City of Hillsboro, and Jerry Willey, Mayor of The City of Hillsboro.

Plaintiff has thereby satisfied the notice requirements of the Oregon Tort Claims Act, as

specified in ORS 30.275.

26.


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FIRST CLAIM FOR RELIEF

(Violation of Fourth Amendment Excessive Use of Force) 42 U.S.C. 1983 Individual Liability)

27.

Paragraphs 1 through 25 are incorporated herein by reference.

28.

By their actions as described herein, Defendants Blood and Wilbur, under color of

statute, ordinance, regulation, custom, or usage, subjected Plaintiff to the deprivation of his

rights, privileges, and immunities secured by the United States Constitution and United States

laws; namely, Plaintiffs right to freedom from unreasonable search and seizure and by the use of

excessive force.

29.

The actions of Defendants Blood and Wilbur, as described in this complaint, were

malicious, deliberate, intentional, and embarked upon with the knowledge of, or in conscious

disregard of, the harm that would be inflicted upon Plaintiff. As a result of said intentional

conduct, Plaintiff is entitled to punitive damages against Defendants Blood and Wilbur, in their

individual capacities, in an amount sufficient to punish them and to deter others from like

conduct.

30.

Defendants Blood and Wilbur violated rights held by Plaintiff which were clearly

established, and no reasonable official similarly situated to the individual Defendants could have


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believed that their conduct was lawful or within the bounds of reasonable discretion. Defendants

Blood and Wilbur therefore do not have qualified or statutory immunity from suit or liability.

31.

As a direct and proximate result of the actions described herein, Plaintiff sustained actual

damages, including attorney fees and legal expenses; physical injury; pain and suffering; chronic

back pain and injury; loss of liberty; mental and emotional suffering; worry; fear; anguish;

shock; anxiety; nervousness; chronic stress; depression; loss of ability to fully perform certain

job duties; loss of ability to enjoy certain recreational and leisure activities; and loss of ability to

enjoy a variety of activities with family members and friends, and is entitled to all to all of his

damages in an amount to be ascertained according to proof at trial.

32.

As a direct and proximate result of defendants conduct, Plaintiff was required to seek

medical services and treatment for his injuries in an amount to be determined at trial, and will, in

the future, be compelled to incur additional medical expenses and loss of wages for medical

treatment including, but not limited to expenses incurred for invasive back surgery.

33.

Plaintiff was required to hire attorneys to represent him in this matter and is thus entitled

to reasonable attorneys fees and costs pursuant to 42 U.S.C. 1988.

34.

SECOND CLAIM FOR RELIEF

Violation of Constitutional Right to Substantive Due Process

False Detention/Arrest/Seizure


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(42 U.S.C. 1983; Fourth and Fourteenth Amendment to the U.S. Constitution)

Count 1 - Individual Liability

35.

Paragraphs 1 through 25 are incorporated by reference herein.

36.

By their actions as described herein, Defendants Blood and Wilbur, under color of

statute, ordinance, regulation, custom, or usage, subjected Plaintiff to deprivation of rights,

privileges, or immunities secured by the United States Constitution and United States laws;

namely, Plaintiff s right to freedom from unreasonable search and seizure of his person without

probable cause, a warrant, or consent. Defendants Blood and Wilbur physically seized Plaintiff,

Tasered him, threw him to the ground and physically struck him without probable cause to do so,

and without first informing him of his detention or arrest.

37.




conduct, Plaintiff is entitled to punitive damages against Defendants Blood and Wilbur, in their


conduct.

///

///


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38.

Defendants Blood and Wilbur violated rights held by Plaintiff which were clearly

established, and no reasonable official similarly situated to the individual defendants could have

believed that their conduct was lawful or within the bounds of reasonable discretion. Defendants

Blood and Wilbur therefore lack qualified or statutory immunity from suit or liability.

39.






enjoy a variety of activities with family members and friends, and is entitled to all of his


40.

As a direct and proximate result of Defendants conduct, Plaintiff was required to seek




41.




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42.

Count 2 Municipal Liability - Monell; Adickes

43.


44.

On information and belief, Hillsboro Police Officers have made other similar false

arrests, and The City has expressly encouraged or acquiesced in this unlawful behavior; has

ratified said conduct through the internal affairs process; and/or tacitly encouraged or acquiesced

in it by failing to train, supervise, or discipline its officers, thus evincing deliberate indifference

to Plaintiffs constitutional rights, sufficient to support a verdict that The Citys policy, custom,

or practice caused the false and excessively forceful arrest of Plaintiff and subsequent

prosecution of Plaintiff.

45.

It was the policy and/or custom of the City of Hillsboro to inadequately supervise and

train its officers, including the defendant officers, thereby failing to adequately discourage

further constitutional violations on the part of its officers. The City of Hillsboro did not require

appropriate in-service training or re-training of officers regarding the proper circumstances under

which a Taser should be employed during the course of an interaction with a civilian.


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46.

As described above and at least in part, one or more of the City of Hillsboros policies,

official well-established practices, or acts caused the violation of Plaintiffs right not to be

subjected to excessive physical force and his resulting injuries, as guaranteed by the Fourth

Amendment to the United States Constitution.

47.

The City is liable for the unconstitutional policy, custom, and/or practice of failing to

train, supervise, investigate and/or discipline officers regarding constitutional rights of citizens to

be free from unlawful and unreasonable searches and seizures including the right to be free from

excessive physical force as guaranteed by the Fourth Amendment to the United States

Constitution.

48.






enjoy a variety of activities with family members and friends; and is entitled to all of his


///

///


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49.





50.



51.

The foregoing paragraphs are incorporated herein by reference.

52.

THIRD CLAIM FOR RELIEF

42 U.S.C. 1983 - Equal Protection - Fourteenth Amendment

Count 1 - Individual Liability Defendant Blood

53.


54.

As an African-American, Plaintiff is a member of a protected class.

55.

The following allegations are likely to have evidentiary support after a reasonable

opportunity for further investigation or discovery.


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56.

Defendant Blood, acting under color of law, intentionally engaged in profiling of

Plaintiff, based on his race.

57.

In taking the actions and omissions described herein, Defendant Blood treated Plaintiff

differently from similarly situated Caucasians.

58.

By intentionally stopping and detaining Plaintiff and searching and seizing him because

of his race, Defendant Blood deprived Plaintiff of the equal protection of the law within the

meaning of the Fourteenth Amendment to the United States Constitution.

59.

These actions violated Plaintiffs Fourteenth Amendment rights and 42 U.S.C. 1983.

60.

As a direct, proximate result of Defendant Bloods wrongful conduct, Plaintiff suffered

emotional and physical injuries, as described herein.

62.

The actions of Defendant Blood, as described in this complaint, were malicious,

deliberate and intentional, and embarked upon with the knowledge of, or in conscious disregard

of, the harm that would be inflicted upon Plaintiff. As a result of said intentional conduct,

Plaintiff is entitled to punitive damages against Defendant Blood, in an amount sufficient to

punish him and to deter others from like conduct.


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62.

Plaintiff was required to hire an attorney to represent him in this matter and he is entitled

to an award of reasonable attorney fees and costs pursuant to 42 U.S.C. 1988.

63.

Count 2 - Municipal Liability Claim - Equal Protection;

Monell v. Dept. of Social Services and Adickes v. Kress

64.


65.


opportunity for further investigation or discovery: The City is liable for the actions of Defendant

Blood as described herein, in that one or more of the following is true:

The City knew or should have known that the practices described in this complaint as

such are so well settled as to constitute a custom or usage, and failed to take affirmative

actions to prevent the actions alleged in this complaint.

The City failed to adequately train, supervise, or discipline its officers to avoid the types

of civil rights violations described herein.

The City failed to have a relevant policy in place and allowed police officers such as

Defendant Blood to decide on their own, without guidance, whether and how to make

such stops and detentions, thereby in effect rendering the trooper as the policymaker.


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66.

The City is directly liable to Plaintiff for each of the unconstitutional policies, customs,

practices, and failures to train, supervise, or discipline which are described herein.

67.

Plaintiff seeks injunctive relief against The City, requiring it to institute a policy

preventing similar illegal profiling.

68.



69.

FOURTH CLAIM FOR RELIEF

42 U.S.C. 1983 violation of 42 U.S.C. 1981 Individual Liability Defendant Blood

70.


71.

As an African-American, Plaintiff is a member of a protected class.

72.

Pursuant to 42 U.S.C. 1981, "all persons within the jurisdiction of the United States shall

have the same right in every State and Territory . . . to the full and equal benefit of all laws and

proceedings for the security of persons and property as is enjoyed by white citizens, and shall be


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subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to

no other."

73.


opportunity for further investigation or discovery.

74.

Defendant Blood, acting under color of law, intentionally engaged in profiling of Plaintiff

based on his race.

75.

In taking the actions and omissions described herein, Defendant Blood treated Plaintiff

differently from similarly situated Caucasians.

76.

By intentionally stopping and detaining Plaintiff and searching and seizing Plaintiff

because of his race, defendant violated 42 U.S.C. 1981 and thereby violated 42 U.S.C. 1983.

77.

As a direct, proximate result of defendant Bloods wrongful conduct, Plaintiff suffered

emotional and physical injuries, as described herein.

78.

The actions of Defendant Blood, as described in this complaint, were malicious,

deliberate, intentional, and embarked upon with the knowledge of, or in conscious disregard of,

the harm that would be inflicted upon Plaintiff. As a result of said intentional conduct, Plaintiff is


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entitled to punitive damages against Defendant Blood, in an amount sufficient to punish him and

to deter others from like conduct.

79.



80.

STATE LAW CLAIMS

FIFTH CLAIM FOR RELIEF

Assault Individual and Municipal Liability

81.


82.

Defendants Blood and Wilbur engaged in volitional acts with the intent to cause Plaintiff

to suffer harmful contact. Plaintiff did in fact suffer harmful contact as a result of the

Defendants conduct. Defendant City of Hillsboro is liable in respondeat superior for the actions

of Defendants Blood and Wilbur.

83.




conduct, Plaintiff is entitled to punitive damages against Defendants Blood and Wilbur in their


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conduct.

84.








85.

As a direct and proximate result of Defendant Bloods and Defendant Wilburs conduct,

Plaintiff was required to seek medical services and treatment for his injuries in an amount to be

determined at trial, and will, in the future, be compelled to incur additional medical expenses and

loss of wages for medical treatment including, but not limited to expenses incurred for invasive

back surgery.

86.

SIXTH CLAIM FOR RELIEF

Battery

Individual and Municipal Liability

87.


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88.

Defendants Blood and Wilbur intended to cause and did cause harmful contact with

Plaintiffs person. Plaintiff did not consent to Defendants actions and the actions were neither

privileged nor justified. Defendant City of Hillsboro is liable in respondeat superior for the

actions of Defendants Blood and Wilbur.

89.




conduct, Plaintiff is entitled to punitive damages against Defendants Blood and Wilbur in their


conduct.

90.









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91.





RELIEF REQUESTED

WHEREFORE, Plaintiff respectfully requests that the Court:

a. Award Plaintiff compensatory damages in an amount to be ascertained according to proof;

b. Award punitive damages against Defendants Blood and Wilbur in their individual capacities, in an amount sufficient to punish them and deter others

from like conduct;

c. Award injunctive relief against The City; d. Award Plaintiff his reasonable attorney fees and costs; and e. Grant Plaintiff such other and further relief as this Court deems just and

proper.

Dated this 5th of June, 2014.

___________________________

Edie Rogoway; OSB #000935

Attorney for Plaintiff


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