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Page 1 - COMPLAINT
SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
Clifford S. Davidson, OSB No. 125378 [email protected] Kristen G. Hilton, OSB No. 151950 [email protected] SUSSMAN SHANK LLP 1000 SW Broadway, Suite 1400 Portland, OR 97205-3089 Telephone: (503) 227-1111 Facsimile: (503) 248-0130 Attorneys for Plaintiff Brian Addison
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON (Pendleton Division)
BRIAN ADDISON, an individual,
Plaintiff, v. CITY OF BAKER CITY, a municipal corporation, Police Chief WYN LOHNER, in his individual capacity, and DOE OFFICERS 1-10, in their individual capacities,
Defendants.
Case No. 2:15-cv-2041
COMPLAINT FOR: (1) Retaliation for First Amendment
Conduct (42 U.S.C. § 1983)
(2) Tortious Interference with Economic Relations
(3) Defamation
INTRODUCTION
1. Plaintiff, a journalist, wrote an editorial criticizing the Baker City Police
Department in 2008. Since, and as the result of, the publication of his editorial, Plaintiff
has been the subject of a series of harassing, defamatory and economically damaging
actions by Baker City police officers.
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
2. Even years after Plaintiff wrote the editorial, the Baker City police
contacted his new employer and suggested that Plaintiff had a criminal background that
made him unsuitable for employment. Plaintiff’s employer fired him as a result of this
statement and an inaccurate “Fact File” that Defendants advised Plaintiff’s employer to
obtain.
3. Defendants’ conduct has left Plaintiff unemployed and fearful of further
retaliation.
4. Through this lawsuit, Plaintiff seeks compensatory damages, punitive
damages, injunctive relief, and attorneys’ fees.
JURISDICTION AND VENUE
5. This Court has jurisdiction over Plaintiff’s claims pursuant to 42 U.S.C. §
1983, 28 U.S.C. § 1331, and 28 U.S.C. § 1343(3). Plaintiff further invokes this Court’s
supplemental jurisdiction, pursuant to 28 U.S.C. § 1367, over Plaintiff’s state law claims
as those claims form part of the same case or controversy under Article III of the United
States Constitution.
6. Venue is proper in this Court under 28 U.S.C. § 1391(b) because Plaintiff
resides in this District and because a substantial part of the events giving rise to
Plaintiff’s claims occurred in this District.
7. This Complaint has been filed in the Pendleton Division pursuant to Local
Rule 3-2 because a substantial part of the events giving rise to Plaintiff’s claims
occurred in Baker County, Oregon.
PARTIES
8. Plaintiff Brian Addison is a private citizen. At all times during which the
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
wrongful acts alleged occurred, he was a resident of Baker City, Oregon. Plaintiff is a
journalist. He has been a reporter for the Record-Courier and Wallowa County
Chieftain, in addition to freelance work. He currently is a contract reporter for the Baker
County Press.
9. At all relevant times, Defendant Lohner has been the Police Chief of the
Baker City Police Department. He is sued in his individual capacity and is a “person”
subject to suit within the meaning of 42 U.S.C. § 1983. Defendant Lohner is domiciled
in Oregon.
10. At all relevant times, Defendant Doe Officers 1-10 have been, or were,
members of the Baker City Police Department. They are sued in their individual
capacities and are “persons” subject to suit within the meaning of 42 U.S.C. § 1983.
The true names of Defendant Doe Officers 1-10 are unknown to Plaintiff. Plaintiff will
seek leave to amend this complaint to show the true names and capacities of these
defendants when they have been ascertained. Each of the fictitious named Defendants
is responsible for some part of the conduct or liabilities alleged herein. Discovery will
reveal further information concerning Doe Officers 1-10, but Plaintiff is informed and
believes, and thereon alleges, that Doe Officers 1-10 have been domiciled in Oregon at
all relevant times.
11. At all relevant times, Defendant City of Baker City has been a municipal
corporation duly incorporated and authorized under the State of Oregon pursuant to
ORS 221.020. Defendant City of Baker City is authorized under section 5 of the Baker
City Charter to maintain a police department, the Baker City Police Department, which
acts as its agent in the area of law enforcement and for which it is ultimately
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
responsible. Plaintiff is informed and believes, and thereon alleges, that Defendant
Lohner is the final policymaker for Defendant City of Baker City in matters pertaining to
the Baker City Police Department.
12. At all relevant times, Defendants acted under color of state law.
FACTUAL BACKGROUND
Plaintiff’s Speech Activity in 2008
13. In March 2008, Plaintiff was employed as a news reporter at the Record-
Courier, a newspaper in Baker City, Oregon. Plaintiff’s duties included investigating and
writing articles about local news and politics, and writing opinion pieces. Plaintiff began
working for the Record-Courier in or around February 2006.
14. Also in March 2008, Defendant Lohner wrote a weekly column that
appeared in the Record-Courier.
15. On March 6, 2008, the Record-Courier published an editorial bearing the
headline “How About a Favorable Interpretation of the 4th Amendment,” which was
authored by Plaintiff. The editorial criticized the Baker City Police Department Drug
Enforcement Canine Unit for patrolling the Baker High School gymnasium during
halftime of a high school girls’ basketball game and called the “random search by a
canine unit” a violation of the Fourth Amendment of the U.S. Constitution (the
“Editorial”). A true and correct copy of the Editorial is attached as Exhibit A and
incorporated herein.
16. On March 7, 2008, the morning after the Editorial was published,
Defendant Lohner demanded a meeting with Plaintiff and the editor of the Record-
Courier, Debbie Schoeningh.
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
17. At the meeting, which Plaintiff attended, Lohner demanded that the
Record-Courier retract the Editorial. Lohner threatened to stop writing his weekly
column if the newspaper did not agree to this demand.
18. The Record-Courier did not retract the Editorial. However, on March 8,
2008, it issued a statement clarifying that the Editorial was purely Plaintiff’s opinion and
did not reflect the opinion of the newspaper. This clarification by the Record-Courier
further stated that the newspaper supported Plaintiff’s right to express his opinion.
The Leader of the Canine Team Criticized in the Editorial Issues Plaintiff a
Stalking Citation Shortly After the Editorial Runs
19. The Record-Courier changed owners shortly after the Editorial ran.
20. On June 5, 2008, Plaintiff was terminated from his position at the Record-
Courier.
21. The following day, June 6, 2008, Plaintiff returned to the offices of the
Record-Courier to retrieve his final paycheck. While there, Plaintiff became enmeshed
in a heated discussion with the Record-Courier’s new owner/editor and publisher. While
Plaintiff made some inflammatory statements, the parties involved later stated that they
did not feel threatened by him.
22. Later that day, June 6, 2008, Officer Wayne Chastain of the Baker City
Police Department appeared at Plaintiff’s house and notified Plaintiff that a harassment
complaint had been made against him by persons at the Record-Courier.
23. Officer Chastain issued Plaintiff a civil stalking citation and told him to
appear in court on June 10, 2008.
24. Officer Chastain is the same Baker City Police Officer who led the canine
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
unit through the high school girls’ basketball game, as Plaintiff described and criticized
in the Editorial.
25. The stalking citation required Addison to appear in Baker County Circuit
Court on June 10, 2008 to show cause why a restraining order should not be issued.
26. The Circuit Court declined to issue a restraining order and dismissed the
citation.
Baker City Police Officers Target Plaintiff
27. Prior to publication of the Editorial in March 2008, Plaintiff’s only police-
initiated contact had been in the 1980s when he received a few traffic citations.
28. Shortly after the Editorial was published, Plaintiff was stopped by Baker
City Police Officer Mike Regan while walking home from the grocery store. Officer
Regan asked Plaintiff for ID and then began rifling through Plaintiff’s grocery bags.
Officer Regan did not issue Plaintiff a warning or citation, and never explained the
reason for stopping Plaintiff.
29. Between June 2008 and April 2010, Plaintiff regularly was followed by
Baker City Police officers while driving and was occasionally stopped for alleged traffic
violations. Plaintiff was warned by police but never cited.
30. In 2010, Plaintiff moved to Enterprise, Oregon to take a job as a reporter
for the Wallowa County Chieftain, a newspaper there. He moved back to Baker City in
April 2012.
31. Shortly after Plaintiff’s return to Baker City, the Baker City Police
Department resumed its practice of regularly following Plaintiff while he was driving and
stopping him for alleged traffic violations. On all but one of those occasions, Plaintiff
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
was given warnings by police but was not ticketed. The only ticket Plaintiff received
was for expired tags. That ticket was issued on or about April 25, 2013.
32. Plaintiff is informed and believes, and thereon alleges, that the actions
taken by Baker City Police Officers against Plaintiff between 2008 and 2014, including
following Plaintiff while he was driving, and stopping Plaintiff without arresting or
ticketing him, were done at the direction of or with the knowledge and approval of
Defendant Lohner. As discussed in greater detail below, Lohner had flagged Addison
for special police attention.
The Baker City Police Retaliate Further, This Time Costing Plaintiff His Job
33. On or about August 25, 2014, Plaintiff was hired by New Directions
Northwest, Inc. (“New Directions”), a non-profit organization that serves Baker County,
Oregon with drug and alcohol addictions services, residential treatment, and prevention.
Plaintiff was an at-will employee with the title of Supported Employment Specialist.
Plaintiff’s salary was approximately $30,000 per year.
34. On November 10, 2014, the Baker City Herald, a newspaper in Baker City,
published an article about Plaintiff and his work at New Directions (the “Article”). A true
and correct copy of the Article is attached as Exhibit B and incorporated by reference
herein. The Article also states that Plaintiff had recently appeared before the Baker City
Council to explain his role at New Directions and ask that the city consider hiring his
clients.
35. On November 14, 2014, Plaintiff was fired by New Directions. Following
his firing, Plaintiff filed a complaint with the State of Oregon Bureau of Labor and
Industries (“BOLI”), alleging wrongful termination.
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
36. In or around January 2015, the BOLI investigator assigned to Plaintiff’s
complaint sent Plaintiff copies of two police records that had been obtained by New
Directions on November 14, 2014, just prior to New Directions’ termination of Plaintiff.
One record was titled “Fact File,” and the other record was the Incident Report related
to Plaintiff’s 2008 civil stalking citation. A redacted copy of the “Fact File” is attached as
Exhibit C and incorporated by reference herein.1
37. The “Fact File” contains false statements of fact and/or falsely implies
undisclosed facts. For instance, the “Fact File” states that Plaintiff had been ticketed
eleven times since 2009. In fact, Plaintiff received one ticket from the Baker City Police
Department for having expired tags.
38. The “Fact File” also states, “Per 601, flag as caution.” Plaintiff is informed
and believes, and thereon alleges, that “601” refers to the Chief of the Baker City Police
Department, Defendant Lohner.
39. The Incident Report contains the redacted notes of the Police Officer who
issued the stalking citation complaint. The Incident Report states that the officer “issued
the Stalking Citation to” Plaintiff and the “Fact File” reflects that Plaintiff received a ticket
for stalking on June 6, 2008. Neither the Incident Report nor the “Fact File” state that
the stalking citation was dismissed.
40. The Baker County Sheriff’s Office, which is located in Baker City, Oregon
is the custodian of records for the Baker City Police Department. Plaintiff is informed
1 The redaction in the “Comments” section of Exhibit C, and at the bottom of Exhibit C, were not made by Plaintiff.
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
and believes and thereon alleges that the “Fact File” and Incident Report were created
by the Baker City Police Department and that the information contained therein was
input by Defendant Doe Officers 1-10, not by employees of the Baker County Sheriff’s
Office.
41. Plaintiff withdrew his BOLI complaint and the BOLI case was closed on or
about February 10, 2015. Plaintiff withdrew his BOLI complaint in light of information
from BOLI indicating that it was police misconduct, rather than wrongful acts by New
Directions, that resulted in his termination.
Plaintiff Learns That Baker City Police Contacted His Employer
42. On or about July 30, 2015, the American Civil Liberties Union of Oregon,
acting on Plaintiff’s behalf, made a Public Records Request to BOLI for Plaintiff’s BOLI
investigation file and any final report issued in connection therewith.
43. Plaintiff received a copy of the BOLI investigation file on or about August
18, 2015. The BOLI investigation file includes a position statement submitted by
counsel for Plaintiff’s former employer, New Directions.
44. Based on information contained in the BOLI investigation file, Plaintiff is
informed and believes, and thereon alleges, that on November 12, 2014, Defendant
Doe Officer 1 of the Baker City Police Department called Marji Lind, Clinical Director at
New Directions, regarding Plaintiff. Based on information contained in the BOLI
investigation file, Plaintiff is informed and believes, and thereon alleges, that Defendant
Doe Officer 1 stated to Ms. Lind that Doe Officer 1 had seen the November 10, 2014
Baker City Herald article about Plaintiff, suggested that New Directions implement more
rigorous background check procedures, and urged New Directions to request public
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
records about Plaintiff from local law enforcement – the implication being that Mr.
Addison has a criminal history and that he was not suited for employment at New
Directions.
45. Based on information contained in the BOLI investigation file, Plaintiff is
informed and believes, and thereon alleges, that as a result of the telephone call from
Defendant Doe Officer 1, on November 14, 2014, a New Directions employee requested
copies of public records relating to Plaintiff from the Baker County Sheriff’s Office.
Based on information contained in the BOLI investigation file, Plaintiff is informed and
believes, and thereon alleges, that New Directions obtained copies of the “Fact File”
and Incident Report from the Baker County Sheriff’s Office and that those are the only
public records that New Directions received from law enforcement pertaining to Plaintiff.
46. Based on information contained in the BOLI investigation file, Plaintiff is
informed and believes, and thereon alleges, that New Directions terminated Plaintiff’s
employment relationship with Plaintiff because of the information contained in the “Fact
File” and Incident Report.
47. Although the BOLI investigation file indicates that New Directions was still
evaluating Plaintiff and whether he was a good fit for New Directions – he had worked
there for only a few months – New Directions took no action against Plaintiff until after
receiving the “Fact File” and Incident Report on November 14, 2014. Prior to that date,
Plaintiff was an employee in good standing, and had qualified for benefits. Indeed, he
had been provided benefits paperwork to complete only one day earlier on November
13, 2014.
48. Since his termination from New Directions, Plaintiff has worked as a
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
contract reporter for the Baker County Press. Because of the actions taken against
Plaintiff by the Baker City Police Department, Defendant Lohner, and Defendant Doe
Officers 1-10, Plaintiff is unable to report on Baker City news and politics. This inability
has injured Plaintiff’s ability to earn a livelihood because Baker City is the largest city in,
and the county seat of, Baker County, Oregon.
49. Plaintiff has relocated out of Baker City because of fear of further
retaliation by the Baker City Police Department and its officers – despite the fact that his
elderly mother lives in Baker City and requires his frequent care and attention.
CAUSES OF ACTION
FIRST CLAIM FOR RELIEF
First Amendment Retaliation (42 U.S.C. § 1983)
(Against Defendants Lohner and Doe Officers 1-10)
50. Plaintiff realleges and incorporates paragraphs 1 through 49 as if fully set
forth herein.
51. Plaintiff’s Editorial is speech protected by the First Amendment to the U.S.
Constitution.
52. Plaintiff’s Editorial is the speech of a private citizen on a matter of public
concern.
53. In 2014, Defendants, acting under color of law, took action against Plaintiff
in retaliation for Plaintiff’s protected speech. Defendants’ retaliatory actions include (1)
making false and misleading statements about Plaintiff in the “Fact File”, and (2)
contacting Plaintiff’s then employer, New Directions, and suggesting that Plaintiff has a
significant criminal history precluding employment at New Directions when, in fact, he
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
does not.
54. Plaintiff is informed and believes, and thereon alleges, that the actions of
Defendant Doe Officer 1 were done at the direction of, or with the knowledge and
approval of, Defendant Lohner, as well as other Defendant Doe Officers.
55. In the alternative, Lohner conspired with Defendant Doe Officer 1 and/or
additional Defendant Doe Officers to undertake the actions described above.
56. Chilling Plaintiff’s protected speech was a substantial or motivating factor
for Defendants’ actions. This motive is evidenced by the fact that (1) the false “ticket”
entries in the “Fact File” were made after publication of the Editorial; (2) Plaintiff was
speaking in the newspaper (the Article) two days before Defendant Doe Officer 1
contacted New Directions; and (3) the Article describes Plaintiff’s frequent advocacy on
behalf of New Directions and its clients before the City Council of Baker City.
57. The conduct described in this Claim was objectively unreasonable and
was undertaken intentionally with willful indifference to Plaintiff’s constitutional rights
and to the harm that would result to Plaintiff.
58. The conduct described in this Claim was undertaken with malice,
willfulness, and reckless indifference to the rights of Plaintiff.
59. As a result of this conduct, Plaintiff suffered damages, including
termination of his employment.
SECOND CLAIM FOR RELIEF
Supervisory Liability (42 U.S.C. § 1983)
(Against Defendant Lohner)
60. Plaintiff re-alleges and incorporates paragraphs 1 through 49, 51-54 and
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
56 as if fully set forth herein.
61. Defendant Lohner was responsible for the supervision of Defendant Doe
Officers 1-10. Defendant Doe Officers 1-10, acting under color of law, took the actions
described above against Plaintiff in retaliation for Plaintiff’s protected speech.
62. Defendant Lohner, acting under color of law, directed Defendant Doe
Officers 1-10 to retaliate against Plaintiff or, alternatively, Defendant Lohner knew or
should have known that Defendant Doe Officers 1-10 were retaliating against Plaintiff
for exercising his First Amendment right to free speech and Defendant Lohner failed to
act to prevent Doe Officers 1-10 from engaging in such conduct.
63. Defendant Lohner’s conduct was objectively unreasonable and was
undertaken intentionally with willful indifference to Plaintiff’s constitutional rights and to
the resulting harm to Plaintiff.
64. Defendant Lohner’s conduct was undertaken with malice, willfulness, and
reckless indifference to the rights of Plaintiff.
65. As a result of Defendant Lohner’s acts or omissions, Plaintiff suffered
damages, including termination of his employment.
THIRD CLAIM FOR RELIEF
Municipal Liability (42 U.S.C. § 1983)
(Against Defendant City of Baker City)
66. Plaintiff realleges and incorporates paragraphs 1 through 49, 51-54 and
56 as if fully set forth herein.
67. At all relevant times, Defendant Lohner, Chief of the Baker City Police
Department, acted under color of law.
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
68. The acts of Defendant Lohner deprived Plaintiff of his rights under the
First and Fourteenth Amendments to the United States Constitution, which prohibit
retaliation for the exercise of free speech.
69. The City of Baker City is liable for the deprivation of Plaintiff’s First
Amendment rights because the deprivation was pursuant to a city custom, policy or
practice of the City and/or its agents retaliating against citizens who criticize the Baker
City Police Department. Plaintiff is aware of others against whom Defendant Lohner
and the Baker City Police Department have retaliated for lawful conduct.
70. At all relevant times, Defendant Lohner had final policymaking authority for
the City of Baker City’s police department and engaged in the acts alleged herein while
acting as a final policymaker for defendant City of Baker City. As a result, Defendant
City of Baker City is liable for the deprivation of Plaintiff’s First Amendment rights
because the unlawful actions were performed or approved by a person in a
policymaking position for Defendant City of Baker City.
71. Plaintiff suffered damages as a result of Defendant City of Baker City’s
policies, customs, and practice, including termination of Plaintiff’s employment.
FOURTH CLAIM FOR RELIEF
Intentional Interference with Economic Relations
(Against Defendants Lohner and Doe Officers 1-10)
72. Plaintiff realleges and incorporates paragraphs 1 through 49 as if fully set
forth herein.
73. Plaintiff, an at-will employee of New Directions, had an economic
relationship with New Directions.
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
74. Defendants were not parties to the economic relationship between Plaintiff
and New Directions.
75. Defendants were aware of the economic relationship between Plaintiff and
New Directions, and intended to interfere with the economic relationship between
Plaintiff and New Directions. This intention to interfere is a reason Defendant Doe
Officer 1 called New Directions upon seeing the Article.
76. Lohner conspired with Defendant Doe Officer 1 and/or additional
Defendant Doe Officers to undertake the actions described above.
77. It was the object of Lohner and at least one Doe Officer to interfere with
Plaintiff’s economic relationship with New Directions.
78. Defendants interfered with the economic relationship between Plaintiff and
New Directions through improper means, namely by retaliating against Plaintiff for
exercising his First Amendment Rights and by defaming Plaintiff. Specifically, (1)
Defendants published or directed to be published false or misleading statements about
Plaintiff in Baker City Police Department records and (2) Defendant Doe Officer 1
contacted New Directions and indicated or suggested during a telephonic conversation
that Plaintiff had a criminal record, and/or that Plaintiff was unsuited for employment at
New Directions, even though Defendant Doe Officer 1 knew such statement was false
or had no reasonable basis for believing such statement was true.
79. Defendants’ interference caused harm to Plaintiff’s economic relationship
with New Directions because it resulted in New Directions’ terminating Plaintiff’s
employment.
80. Defendants’ interference resulted in damages to Plaintiff.
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
81. Defendants were not acting in the course or scope of their employment
when they interfered with Plaintiff’s economic relationship with New Directions.
82. Lohner conspired with Defendant Doe Officer 1 and/or additional
Defendant Doe Officers to undertake the actions described above.
83. It was the object of Lohner and at least one other Doe Officer to interfere
with Plaintiff’s economic relationship with New Directions.
FIFTH CLAIM FOR RELIEF
Defamation
(Against Defendants Lohner and Doe Officers 1-10)
84. Plaintiff realleges and incorporates paragraphs 1 through 49 as if fully set
forth herein.
Count 1
85. As described above, Doe Officer 1 called Plaintiff’s employer and
intentionally made statements implying to Plaintiff’s employer that Plaintiff had a criminal
history that precluded employment at New Directions.
86. Based on the BOLI file, Plaintiff believes, and on that basis alleges, that
Doe Officer 1 informed New Directions that Doe Officer 1 was with the Baker City Police
Department.
87. Based on the BOLI file, Plaintiff believes, and on that basis alleges, that
Doe Officer 1 informed New Directions that Doe Officer 1 was calling in response to the
Article in which Plaintiff was featured.
88. In context, Doe Officer 1’s statements were defamatory as they, at a
minimum, excited adverse, derogatory or unpleasant feelings toward Plaintiff – as
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
evidenced by the fact that he was fired.
89. Doe Officer 1’s statements were false. Plaintiff’s criminal history
comprised (and still comprises) a ticket for expired tags in 2013 and some traffic tickets
in the 1980s.
90. Doe Officer 1 knew that his or her statements were false, or reasonably
should have known them to be false, in light of Doe Officer 1’s position with the Baker
City Police.
91. Plaintiff’s employer, New Directions, was a third party.
92. Because Doe Officer 1’s statements imputed to Plaintiff a criminal history,
Doe Officer 1’s statement(s) constituted slander per se.
93. Because Doe Officer 1’s statements suggested that Plaintiff was unfit for
employment, Doe Officer 1’s statement(s) constituted slander per se.
94. Because Doe Officer 1’s statements tended to injure the Plaintiff in his
business or profession, Doe Officer 1’s statements(s) constituted slander per se.
95. Based on the “Fact File’s” notation that Plaintiff had been flagged by
Defendant Lohner for special treatment, and based on the fact that harassment of
Plaintiff by the police restarted only after the Article was published, Plaintiff alleges that
Defendant Lohner conspired with Doe Officer 1 and/or additional Doe Officers to publish
defamatory statements.
Count 2
96. The “Fact File” falsely indicated that Plaintiff had been ticketed 11 times, in
addition to the stalking citation.
97. Further, by failing to mention the disposition of the stalking citation, the
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SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
Fact File falsely implied that the stalking citation was valid and had not been dismissed,
and that Plaintiff had been restrained pursuant to it.
98. The inaccuracies of the “Fact File” were exacerbated by Doe Officer 1’s
suggestion, described in Count 1 above, that Plaintiff’s criminal record precluded him
from working at New Directions and Doe Officer 1’s reference to the “Fact File” as
supporting evidence.
99. Plaintiff is informed and believes, and thereon alleges, that Doe Officers 1
through 10 revised the “Fact File” specifically in anticipation of New Direction’s request
for that “Fact File.” This belief is supported by the fact that although the document is
dated November 14, 2014, the comments section of the first page states “Brian was
fired today 060608 from Record Courier where he was a reporter.” There is no
apparent reason why the comments section to the file as a whole would mention the
“stalking” incident from six years prior.
100. Defendants Doe Officers 1 through 10, and Defendant Lohner, published
the information in the “Fact File” by preparing the document and suggesting to New
Directions that someone retrieve it.
WHEREFORE, Plaintiff demands judgment against Defendants as follows:
A. On all claims for relief, an award of economic/compensatory and non-
economic/special damages, including: loss of income and past and future impairment of
earning capacity; injury to reputation, economically verifiable and otherwise; expenses
related to having to relocate out of Baker City for fear of further retaliation; and emotional
distress – all in an amount according to proof at trial.
Case 2:15-cv-02041-SU Document 1 Filed 10/29/15 Page 18 of 19
Page 19 - COMPLAINT
SUSSMAN SHANK LLP, ATTORNEYS AT LAW 1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089
TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130
B. On Plaintiff’s First and Second Claims for Relief, for punitive damages in an
amount to be proven at trial;
C. On Plaintiff’s First, Second and Third Claims for Relief, for reasonable
attorneys’ fees and costs pursuant to 42 U.S.C. § 1988;
D. On Plaintiff’s First, Second, Third and Fifth Causes of Action, for an
injunction (1) prohibiting Defendants from distributing the “Fact File” as presently drafted;
and (2) requiring the Baker City Police to modify the “Fact File” to accurately reflect
Plaintiff’s criminal history; and
E. For such further and other relief as the Court may deem just and equitable.
Dated this 29th day of October, 2015 SUSSMAN SHANK LLP By /s/ Clifford S. Davidson Clifford S. Davidson, OSB No. 125378 Kristen G. Hilton, OSB No. 151950 Attorneys for Plaintiff Brian Addison *23310-001\(02191980)
Case 2:15-cv-02041-SU Document 1 Filed 10/29/15 Page 19 of 19
EXHIBIT A
Case 2:15-cv-02041-SU Document 1-1 Filed 10/29/15 Page 1 of 8
unqipit \
2-Baker City Oregon, Thursday, MARCH 6, 2008
tEIp? jEecorb -Courier
VEditorials M
==
City Council HasNot Passed Final
held in Baker City, with a gym full of visitors Amendment. Authorization Forfrom Joseph and Imbler, the Baker City Police The thing that makes the point of my «¦ p i- _ p iMrlinn
Canine Drug Enforcement Unit patrolled the argument such a pernicious and insidious INeW lOIICe DU I IQ I HQBaker High School gymnasium. It looked like comparison is that some of the most By Brian Addisonjust a nice random stroll, and fishing expedi- adamant supporters of the 2nd Amendmenttion, oh, and a violation of the 4th Amendment, are people who work in the police and law and claiming that not enough public
Remember how briefly the 2nd Amendment enforcement communities. This group of process has been allowed during thehas been written; a mere 27 words establishes 2nd Amendment supporters is the group city's consideration of purchasing aour rights as citizens ot the United States to which also disregards such legal scrutiny new building for the police station,keep and bear arms. Nowhere in those 27 and favorable interpretation when it comes should realize that they are involved inwords does it say, Tfiou Shalt Not Microstamp to the 4th Amendment. The erosion of the the very public process they are claim-Firing Pins for Identification, or Thou Shalt Not 4th Amendment only weakens the 2nd ing doesn't exist.Establish a National Data Base. But, most Amendment, and the Constitution of the
Americans see these types of actions as exer- United States, and it weakens arguments
tions of control and a threat and violation to 2nd protecting our rights.Amendment rights.
My question is; Where's all the supportand favorable interpretation for the 4thAmendment? If microstamplng firing pins
threatens the 2nd Amendment (and in myopinion It certainly does), then isn't a random search by a canine unit during a publicevent a violation ot the 4th Amendment? Tome it most certainly is a violation of therights established under the 4th
How About a Favorable Interpretation OfThe 4th Amendment Li
"The right of the people to be secure in theirpersons, houses, papers, and effects, againstunreasonable searches and seizures, shall notbe violated, and no Warrants shall issue, butupon probable cause, supported by Oath or
affirmation, and particularly describing the
place to be searched, and the persons orthings to be seized." — 4th Amendment
Hey al! you supporters of the 2ndAmendment out there. I question some of 'youalls' motivation when it comes to standing forthe 2nd Amendment. Some of you voice yoursupport with a hearty, 'They can have my gunswhen they pry them from my cold dead hands."
I think some people support the 2ndAmendment only for their love of guns and not
for the love and respect for the 2nd
Amendment. I say this after witnessing overthe past 25 years, the erosion of rights estab
lished under the 4th Amendment. And, I'vewatched some of the strongest supporters ofthe 2nd Amendment lead the erosion of the 4thAmendment.
During halftime of the girls' final of the 7-1 ADist. Boys and Giris Basketball tournament
What'sTourname
Those citizens currently crying foul
Citizens need to understand that
during the Feb. 26 Baker City Councilmeeting, City Manager Steve Brocato
A quick study of world and US history will was authorized by a 3 to 2 city councilhelp people learn about the use of dogs vote to carry out negotiations only onagainst citizens. I. won't name any names, a possible purchase of the building andnot going to go there, but the last century property at 1768 Auburn Ave. Councilwitnessed a national government and police did not vote on a final purchase autho-force that ended up getting quite a bit of rization. Final authorization to go for-mileage out of their canine units. My fear is ward with the purchase of the property
that we will be able to gain some sense ot would not even have been possible onthis history simply by watching what hap- Feb. 26 because as stated bypens next here in our own country. (BA) Councilors Gail Duman and Beverly g^, jj^
Calder, a final cost had not yet been
determined.The public process continues con-
The microstamping of firearms may seem refusing to sell firearms to anyone residing in basically means a Federal Firearms bufidiifg^ri Aubum^^If ^ wifdislike an innocuous bill that is geared toward the state due to the increased costs to man- Licensee will not be able to trade or sell a ee ^lth the proposect purchasehelping solve crimes or even discouraging ufacture guns with the microstamping and used semiautomatic pistol manufactured tbere is s{yj time j0 become involved
crimes from happening, but it couid also be because they say they are fierce supporters before 2010. With no legal way to sell or in the pubbc process by voicing your
the catalyst that paves the way for future leg- of the Second Amendment. trade them, what will this do to the monetary nn'. J, writing a letter to citvislative gun control. I can't fault STI for taking this stand, but value of the 250 million guns already in exis- officyQS or the iocai papers and the
Legislative proponents of gun control they-are unwittingly; playing directly into the tence? ' same goes for those in support of the
know they have little chance of passing a gun hands of California s legislative gun control Microstamping will not affect criminals prop0se(j building purchase there is
bill that would blatantly violate our Second activists. If other gun manufacturers follow other than encouraging them to steal still time to voice your support
Amendment rights, but here's a bill that could suit to protest this bill, California will have no weapons as they do for the most part any- ' B,lker cjt c0ljncj| llu!rls nLjn onget the gun control ball rolling. need to implement gun control because resi- way, and perhaps a file or two to grind off the M V , , ' ritv .
It's already happening In Cllllornlu. The dents won't be ablo to purchase them any- microstamping, Bui It will affect thosa who 7 ( ' | |( ( p| „'y ( . '
•<
H
Microstamping Bill — One Step Closer To Gun Controlj.
$
Case 2:15-cv-02041-SU Document 1-1 Filed 10/29/15 Page 2 of 8
EXHIBIT B
Case 2:15-cv-02041-SU Document 1-1 Filed 10/29/15 Page 3 of 8
'Itio 4ffiyearroJd Addison is
best known in Baker County asa reporter and a musician whefepla^d the trombone prafesion-
JOB-SEEKING HELP
New ifiiy
His background disc includes
a degree ill j^yobglogjt wliirh heearned n± Eastern Oregon IMver-
atv in 1931 Addison also spent
two wars working at the Center
for Human Development in La
Directionsoffersprogram
Grande (row 2001 fo20(B.Since September; he 3 changed
direction and instead ofiuvpsfi-gotingnews hps, he's ferreting
out ways to help find jobs for hisBy Chris Collinsdfents — or in some cases evenfwi ris^Jnglflsr&ilyhetsId styri
(rente jobs for (Jam
Addison explained his rote to
the Baker City Council at its Oct.14 meeting. Ifa asked the ciiy to
consider hiring hum Jus pool of
workers who be says am finoti-vated to get tip and get jnjia51
He said he also has met withGreg Smith.. Baker CountyEconomic Development. director,
lij ojMkter ways that Arirfferm'acheats could possibly wot k with
immunity partners. Smith has
offered to train people who are
interested in Jrow to develop theirown small businesses and providecontracted service# to employers,
Addison suggested, Sir example,,that instead of idty employes
being called away from theirjob
duties at a higher wage to perform
tasks such as washing oily yfr
hides, city oflidals might consider
J filing one of his clients at a lowerrate through a contract.
Funding a job ill today's marker
and economic downturn can be arough task.
Add to it a.iobseeker who hashad difficulties in
other areas ofhi;or fail' life and it
gets even mure
complicated.
That's where a
Hew Directions Behavioral [JeaLth
*¦
'5JAddrson
and Wellness program hopes tohelp through, iff supported employment program.
Hew Diirdims, which has provided drug and alcohol treatmentin [lie community for many yours,
merged July 1 with MountainValley Mental Health Services, thelongtime mental health provider.
New7 Directions BehavioralHealth and Wellness offers ser
vices that in the past had beenprovided in the community by
Munniain Valley
Brian Addison is the agency's
supported einykiyiimt spedflltet
Case 2:15-cv-02041-SU Document 1-1 Filed 10/29/15 Page 4 of 8
Case 2:15-cv-02041-SU Document 1-1 Filed 10/29/15 Page 5 of 8
EXHIBIT C
Case 2:15-cv-02041-SU Document 1-1 Filed 10/29/15 Page 6 of 8
m:;. ., . ,i ..»
eiws OfficeJSSS'J ,.^fi ,
y/rnPfl/ siEBs±AieaaMani MA
Mitchell SouthwhUt, 8heritf
Departmental Fact File on;•|U«
ADDISON, Brian Ray I
iFHo#; 3326Address:
CltyState; Baker City
Phone;
Hair; BRO
Eyes: BRO
DLN;
ssn:
¦r>Sox: M
Race; W 1asIkDOB/Age; 49 J 1 !
!M
M; 611 g§5kt
»n8W: 165
POB;
•; lllftffl; iMHiaai ' mal we imidtji hsinpii ii'i' ¦ ill n'l in i
i
Caution: sea comments
Comments; OWNER: Brian and Janet Addison
Brian was fired today 080600 from Record Courier where he was a reporter, Ha made threatstoward • ' ' ' * - challenged • j to a fight. Per 601 (lag as caution
Departmental Contacts with this Individual:Inc#:Offense Incident location
.» ¦ ' ;k .t % •
Involvment Data Then Currant Address:' * y — « -»•*, *
Montlonod 11/9/2014 INFORMATION ONLY •
6/7/2014 Ticket: REG VIOL - IMPRO
L2D1410803 3320 Birch Street,
Washlndlon/Resort,
1201404477 WASHINGTON AND RESORT.,
S201300303 3695 Klrkwey,
Elm & Seles,
L201 308865 EST6S AND ELM,
Elm & Estes,
Elm & Seles,
L201 307769 AUBURN AND ESTES,
Auburn 6 2nd,
Auburn & 2nd,
1201304638 ASH & COURT STREET,
'Baker Clly ORTicks!
Opers tor 8/1/2014 Traffic Stop
Complalnsn 9/18/2013 Animal
Ticket 9/2/2013 Ticket: UNLAWFUL OR U
Operator 9/2/2013 Traffic 61op
Ticket 9/2/2013 Ticket: INSURANCE Via-
Ticket
Operate/
Ticket
Ticket
involved 6/26/2013 Traffic Stop
Baker City OR
Baker.Clty OR
BekarClly OR
Bake/Clly OR
.Enterprlae OR
Baker City OR
Baker City OR
Baker City OR
Enterprise OR
Enlaiprlea OR
Baker City OR
9(2)2013 Ticket: FAILURE TO CAR
8/3/2013 Traffic Stop
8/3/2013 Ticket: INSURANCE VIOL.
8/3/2013 Ticket; OPERATION WITH
\
;
Friday, November H, 20UPes' I of2
REDACTED
Exhibit LPage 1
Case 2:15-cv-02041-SU Document 1-1 Filed 10/29/15 Page 7 of 8
s
w
Departmental Fact File om
f ADDISON, Brian Ray
Ticket
Ticket
Operator
Ticket
Operator <(26)2013 Traffic Stop
Complalnnn 9/11/2012 FOUND ITEltf
East and Auburn ,
East and Auburn ,
1201304188 SPRING GARDEN AT EAST,Spring Garden and East,
1201303678 SPRING GARDEN/ELM,
P201201278 3 05 Spring Garden, Baker CityComplatnan 3/14/2010 SUSPICIOUS SITUATION L2O10O3288 308 Spring Garden,
Coraplalnan 3/14/2010 SUSPICIOGS'SITUATION 1201003288 308 Spring Gardon,
Operator
Ticket
6/10/2013 Ttokat: FAIL CARRY/PRES
6/18/2013 Ticket: UNLAWFUL OR U
5/0/2013 Traffic Stop
4/23/2013 Ticket: EXP LIC PLATE, F
Setter Cky OR
Baker City OR
BskorCHy OR
Enterprise OR
Enterprise OR
Enterprise OR
BAKER CITY ORBAKER CITY OR
i BAKER CITY OR
BAXER CITY OR
BAKER CITY OR
BAKER CITY OR
BAKER CITY OR
BAKER CITY OR
BAKER CITY OR
BAKER CITY OR
BAKER CITY OR
i BAKER CITY OR
BAKER CITY OR
r BAKER CITY OR
I BAKER CITY OR
2/14/2010 Traffic Stop
2/1 4/201 0 Ticket: OPERATION WITH
1/18/2010 Ticket: OPERATION WITH
L201 001849 WASHINGTON AND RESORT,
Main and Washington,
Main • Baker,
1201000718 MAIN AND BAKER,
L200904678 308 Spring Garden,
Ticket
Operator 1/16/2010 Traffic Slop
complains n 5/21/2009 DOG-NUISANCE
Suspect
Complalnen *1/8/2000 ^HARASSMENT8/8/2008 Ticket: STALKING
1/8/2009 CRIMINAL MISCHIEF 2ND L200B00206 303 Spring Garden fit,
L2OO9002IO 308 Spring Garden,
P20080075B 1718 Msln 81, Baiter CityL20OB04PI7 flake/Ares,
12015803330 8th and Madlsen,
I2(X»01415 1710 Main Street,
Ticket
Suspect 6/6/2008 INFORMATION ONLY
Mentioned 4/22/2008 F| Person C.pntad
Complalnan 2/22/2008 INFORMATION ONLY
Complatnan 12/31/2005 UNAUTHORIZED ENTRY P200502255 306. Spring Gordon,Complslnen 8/17/2004 Medical 1200405613 305 Spring Garden AVE,
2/3/2004 Animal Reglsbstlcn:131
!
'*¦ "* y"x
Fritlny, November 14, 2014Page J of2
Exhibit LPage 1
Case 2:15-cv-02041-SU Document 1-1 Filed 10/29/15 Page 8 of 8
CIVIL COVER SHEET
(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b)(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
(c) (Firm Name, Address, and Telephone Number) (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF(U.S. Government Not a Party) or
and(Indicate Citizenship of Parties in Item III)
IV. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
PERSONAL INJURY PERSONAL INJURY
PROPERTY RIGHTS
LABOR SOCIAL SECURITY PERSONAL PROPERTY
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITSHabeas Corpus:
IMMIGRATIONOther:
V. ORIGIN (Place an “X” in One Box Only)
(specify)
VI. CAUSE OF ACTION(Do not cite jurisdictional statutes unless diversity)
VII. REQUESTED IN COMPLAINT:
CLASS ACTION DEMAND $JURY DEMAND:
VIII. RELATED CASE(S) IF ANY (See instructions):
FOR OFFICE USE ONLY
BRIAN ADDISON, an individual
Baker
Sussman Shank LLP, 1000 SW Broadway # 1400, Portland, OR 97214(503) 227-1111Clifford S. Davidson (125378), Kristen G. Hilton (151950)
CITY OF BAKER CITY, a municipal corporation, Police Chief WYNLOHNER, in his individual capacity, and DOE OFFICERS 1-10, intheir individual capacities
Unknown
42 USC sec. 1983
First Amendment retaliation by police against journalist for article criticizing police department
10/29/2015 /s/ Clifford. S. Davidson
Case 2:15-cv-02041-SU Document 1-2 Filed 10/29/15 Page 1 of 1
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
))))))))))))
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
District of Oregon
BRIAN ADDISON, an individual,
2:15-cv-2041
CITY OF BAKER CITY, a municipal corporation,Police Chief WYN LOHNER, in his individualcapacity, and DOE OFFICERS 1-10, in their
individual capacities,
City of Baker City1655 1st StreetBaker City, Oregon 97814
Clifford S. Davidson ([email protected])Kristen G. Hilton ([email protected])SUSSMAN SHANK LLP1000 SW Broadway Ste 1400Portland, Oregon 97214(503) 227-1111
Case 2:15-cv-02041-SU Document 1-3 Filed 10/29/15 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
))))))))))))
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
District of Oregon
BRIAN ADDISON, an individual,
2:15-cv-2041
CITY OF BAKER CITY, a municipal corporation,Police Chief WYN LOHNER, in his individualcapacity, and DOE OFFICERS 1-10, in their
individual capacities,
Police Chief Wyn Lohnerc/o Baker City Police Department1768 Auburn AvenueBaker City, Oregon 97814
Clifford S. Davidson ([email protected])Kristen G. Hilton ([email protected])SUSSMAN SHANK LLP1000 SW Broadway Ste 1400Portland, Oregon 97214(503) 227-1111
Case 2:15-cv-02041-SU Document 1-3 Filed 10/29/15 Page 2 of 2