2/13/2015 5:06:46 PM

15CV03302

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

SHAQUOYA BURNS,

Plaintiff,

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v.
ROSS DRESS FOR LESS, INC., a
Virginia corporation, and LAMAR
FRANKLIN, an individual,
Defendants.

Case No.:
COMPLAINT FOR DISCRIMINATION
AND SLANDER
(NOT/SUBJECT TO MANDATORY
ARBITRATION)
PRAYER: $230,000
ORS 21.160(1)(c)
JURY TRIAL DEMANDED

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Plaintiff demands a jury trial and alleges:

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FOR A FIRST CLAIM FOR RELIEF for discrimination, plaintiff alleges:

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1.

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Ross Dress for Less, Inc., (hereinafter, Ross) is and at all times

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mentioned herein has been a Virginia corporation, a retail store at 3900 SE

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82nd Avenue in Portland, Oregon.

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2.

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Lamar Franklin is and at all times mentioned herein has been an

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employee of defendant Ross, and at the above time and date was employed as

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manager of the above-described store.

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PAGE 1 COMPLAINT FOR DISCRIMINATION AND
SLANDER

KAFOURY & McDOUGAL

411 SW 2nd Ave, Ste 200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

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On or about June 8, 2014, plaintiff was a business customer at the

above-described Ross store when she was approached by manager Lamar

Franklin, and asked to leave. He said that she had been identified as a thief

and had been trespassed from all Ross location stores around the country, that

he had video and pictures to prove it, and that her name appeared on a

national database of shoplifters.

4.

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The above accusations were made in the presence of third parties,

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including plaintiffs minor daughter, were false, and were made either with

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knowledge of their falsity or in knowing and reckless disregard of the truth.

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5.

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Plaintiff was refused service and ordered to leave the store by defendant
Franklin.
6.

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Plaintiff is African American.

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The above-described store is and at all times mentioned herein has been

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a place of public accommodation within the meaning of ORS 659A.400. At

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least part of the motivation for the above-described conduct on the part of

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defendants employee was the plaintiffs race.

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//

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//
PAGE 2 COMPLAINT FOR DISCRIMINATION AND
SLANDER

KAFOURY & McDOUGAL

411 SW 2nd Ave, Ste 200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

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The above-described conduct violates ORS 659A.403, which prohibits

discrimination in places of public accommodation on account of race.
9.

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As a result of the above-described discrimination, plaintiff Shaquoya

Burns suffered, continues to suffer, and may permanently suffer from feelings

of racial stigmatization, humiliation, and anger, all to her noneconomic

damages in an amount not to exceed $200,000. This number may change,

depending on whether plaintiffs response improves, persists, or worsens.

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Plaintiff is entitled to reasonable attorney fees pursuant to ORS

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659A.885.

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FOR A SECOND CLAIM FOR RELIEF for slander, plaintiff alleges:

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Plaintiff re-alleges and incorporates by reference paragraphs 1-4, above.

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The above-described comments were defamatory, and plaintiff suffered,

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continues to suffer, and may in the future permanently suffer from damage to

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her reputation, insult, concern for the emotional well-being of her minor child

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who witnessed the event, all to her noneconomic damage in the amount of

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$30,000.

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PAGE 3 COMPLAINT FOR DISCRIMINATION AND
SLANDER

KAFOURY & McDOUGAL

411 SW 2nd Ave, Ste 200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

WHEREFORE, plaintiff prays for judgment against defendants in an

amount not to exceed $230,000 in noneconomic damages, and for her costs,

disbursements, and attorney fees necessarily incurred herein.

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Dated: February 13, 2015.

/s/ Gregory Kafoury
Gregory Kafoury, OSB #741663
Kafoury@kafourymcdougal.com
Mark McDougal, OSB #890869
mcdougal@kafourymcdougal.com
Jason Kafoury, OSB #091200
jkafoury@kafourymcdougal.com
Attorneys for Plaintiff
Plaintiff hereby provides notice of her intent to amend to include a claim
for punitive damages.

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PAGE 4 COMPLAINT FOR DISCRIMINATION AND
SLANDER

KAFOURY & McDOUGAL

411 SW 2nd Ave, Ste 200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647