Page Case 6:22-cv-00438-AA Document 1 David J. Linthorst, OSB # 116975 ANDERSEN MORSE & LINTHORST 1730 E. McAndrews Rd., Ste. A Medford, OR 97504 Telephone: (541) 773-7000 Facsimile: (541) 608-0535 E-Mail: david@andersenlaw.com Attorney for Plaintiff ELIZABETH BOGAN, Personal Representative of the Estate of JARED ANDERS ROY, deceased, Plaintiff, v. CITY OF EUGENE, a municipal corporation; OFFICER ZACCHARY TE’O in his individual capacity; JACOB ROBERSON in his individual capacity; and TRAVIS COOPER in his individual capacity; Defendants. 1.- COMPLAINT Filed 03/18/22 Page 1 of 13 UNITED STATES DISTRICT COURT DISTRICT OF OREGON EUGENE DIVISION Case No, COMPLAINT Civil Rights Violation Excessive Force Substantive Due Process (42U.S.C. § 1983) Oregon Tort Claims Act Intentional Infliction of Emotional Distress DEMAND FOR A JURY TRIAL Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Page Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 2 of 13 NATURE OF ACTION 1 Pursuant to 42 U.S.C. § 1983, Plaintiff alleges the deprivation of Jared Anders Roy's rights as protected by state and federal constitutions and statutes. Plaintiff is also alleging violations of Oregon common-law in the form of intentional infliction of emotional distress. Elizabeth Bogan, mother of the late Jared Anders Roy, is the duly appointed personal representative of the estate of Jared Anders Roy. Plaintiff seeks economic, non-economic and punitive damages and equitable remedies, including attorney fees and litigation expenses/costs, which further includes expert witness fees and expenses in an amount to be determined by a jury at trial. JURISDICTION AND VENUE 2 This Court has subject matter jurisdiction over Plaintiffs’ claims of violation of federal constitutional rights pursuant to 28 U.S.C. §§ 1331(a) and 1343 because the causes of action arise under 42 U.S.C. § 1983. This Court has jurisdiction over Plaintiffs’ pendent state law claims under 28 U.S.C. § 1367. 3 Venue is proper in the District of Oregon pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to Plaintiff's claims occurred in the District of Oregon and because Defendants are subject to personal jurisdiction in the District of Oregon. TORT CLAIM NOTICE 4. Prior to the institution of this action, Plaintiff's provided notice of this claim to all necessary parties pursuant to ORS § 30.275. 2- COMPLAINT Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Page Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 3 of 13 PARTIES 5. Jared Anders Roy died intestate. Jared was a resident of Lane County, Oregon at the time of the events alleged herein. Elizabeth Bogan, mother of the late Jared Anders Roy, is the duly appointed personal representative of the estate of Jared Anders Roy. Elizabeth Bogan was a resident of Lane County, Oregon at the time of the events alleged herein. 6. Atal material times the City of Eugene was a political subdivision of the State of Oregon. As a local government entity, the City of Eugene is a person under 42 U.S.C. § 1983. At all material times the city of Eugene employed Defendants Te’o, Roberson, and Cooper as law enforcement officers for the Eugene Police Department. 7. Atal material times, Defendant Officer Zacchary Te’o was and is an Officer of the Eugene Police Department and is a resident of the State of Oregon He is sued in his individual capacity. 8. At all material times, Defendant Officer Jacob Roberson was and is an Officer of the Eugene Police Department and is a resident of the State of Oregon. He is sued in his individual capacity. 9 At all material times, Defendant Officer Travis Cooper was and is an Officer of the Eugene Police Department and is a resident of the State of Oregon. He is sued in his individual capacity. FACTUAL BACKGROUND 10. On March 20, 2020, at about 12:45 in the afternoon, Defendants Te’o and Roberson saw Jared Roy walking through a neighborhood on Elmira Road in 3- COMPLAINT Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Page Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 4 of 13 Eugene, Oregon. 11 Defendants Te'o and Roberson observed that Jared appeared to have trouble walking and fell down. 12. Defendants Te'o and Roberson contacted Jared and observed that Jared made it clear that he did not want to speak to police. 13. Jared tried to get up and keep walking. 14. Defendant Te’o kneed Jared in the ribs. 1. Defendants Te’o and Roberson took Jared to the ground and pinned him down by holding him by his hair and kneeling on his back. 16. Defendant Cooper arrived and shot Jared with a Taser, lodging the prongs in Jared's back. 17. When one of the prongs came loose, Defendant Cooper reloaded his Taser with a cartridge and shot Jared in the back a second time, lodging both prongs in Jared's back. 18. Defendant Roberson knelt on Jared’s back while holding Jared's hands behind Jared's back. 19. At the same time, Defendant Te'o leaned on Jared's head, holding Jared's hair with one hand, driving Jared’s head into the gravel, and punching Jared in the face with his free hand. 20. As Roberson knelt on Jared's back holding Jared's arms back, Cooper continued to deliver Taser charges to Jared, and Defendant Te’o switched from punching Jared's face with his fist to delivering combination hand and elbow blows to Jared's head and face. 4- COMPLAINT Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Page Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 5 of 13 21. Defendant Te’o then knelt on Jared's head and neck while he called someone on his radio and adjusted his uniform and equipment; Roberson continued to kneel on Jared's back and Cooper mounted Jared’s legs. 22. Jared was cuffed, hobbled, and taken away in an ambulance with injuries to his head, face, and back. 23. Jared was charged with the violations “Criminal Trespass Il,” "Disorderly Conduct,” and “Resisting Arrest" and was lodged at Lane County Jail on these charges. 24. Prior to being assaulted by Defendants Te’, Roberson, and Cooper, Jared Roy was at the St. Vincent DePaul Service Station located on Highway 99 North in Eugene, Oregon 25. Jared had never been trespassed form the Service Station. 26. Service Station staff called 911 when they noticed the same strange behavior and stumbling later observed by Defendants Te’o, Roberson, and Cooper. 27. Service Station staff asked Jared to leave the Service Station and Jared left 28. Service Station staff told investigating police that Jared was not violent while inside the service station. 29. After the incident, Defendant Eugene refused to turn over body camera footage to Plaintiff. This appears to be an attempt to avoid oversight by the public and Jared's family, and hide the City's use of excessive force and wrongful arrest of Jared, 5 - COMPLAINT Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Page Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 6 of 13 FIRST CLAIM FOR RELIEF 42 U.S.C. § 1983 Excessive Force Violations of Fourth and Fourteenth Amendments. Against Individual Defendants 30. Plaintiff re-alleges and incorporates by reference the allegations contained in all of the paragraphs of this complaint as though fully set forth herein. 31. The acts of Defendants described herein were taken under color of law. 32. As alleged above, Defendants Te'o, Roberson, and Cooper's use of force was objectively unreasonable under the circumstances, constituted excessive force, and was an unreasonable and unjustifiable use of force. 33. This conduct violates the Fourth Amendment as applied to municipalities and persons through the Fourteenth Amendment to the United States Constitution 34. As a result, Plaintiff is entitled to general and compensatory damages under 42 U.S.C. § 1983, et seq., in an amount to be proven at trial 35. In committing the acts alleged above, Defendants acted maliciously and/or were guilty of a wanton and reckless disregard for the rights, feelings, and safety of Jared Roy, and by reason thereof, Plaintiff is entitled to exemplary and punitive damages in an amount to be proven at trial in addition to reimbursement of reasonable attorneys’ fees and costs pursuant to 42 USC § 1988 and 28 USC §1927, if appropriate. rit ttt 6 - COMPLAINT Andersen Morse & Linthorst 1730 E, McAndrews, Suite A Medford, Or 97504Page Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 7 of 13 SECOND CLAIM FOR RELIEF 42 U.S.C. § 1983 Unlawful Arrest and Unreasonable Seizure Violations of Fourth and Fourteenth Amendments Against Individual Defendants 36. Plaintiff ‘re-alleges and incorporates by reference the allegations contained in all of the paragraphs of this complaint as though fully set forth herein 37. The acts of Defendants described herein were taken under color of law. 38. On March 20, 2020, Jared Roy was lawfully at the Service Station, had never been trespassed form the Service Station, and when he was asked to leave, Jared left 39. When the officers confronted Jared as he walked through a neighborhood, he was not trespassing and they had no reasonable suspicion that a crime was being committed or that a crime was imminent 40. Defendants Te'o, Roberson, and Cooper did not have probable cause to arrest Jared Roy as he walked on the road toward home. 41, The facts relied upon by Defendants Te’o, Roberson, and Cooper to stop, detain, seize, and arrest Jared Roy were so lacking and deficient that no reasonable officer could have believed there was a basis for stopping, detaining, seizing, and arresting Jared 42. This conduct violates the Fourth Amendment as applied to municipalities and persons through the Fourteenth Amendment to the United States Constitution. 43. Asa result, Plaintiff is entitled to general and compensatory damages 7 - COMPLAINT Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 8 of 13 under 42 U.S.C. § 1983, et seq,, in an amount to be proven at trial. 44. In committing the acts alleged above, Defendants acted maliciously and/or were guilty of a wanton and reckless disregard for the rights, feelings, and safety of Jared Roy, and by reason thereof, Plaintiff is entitled to exemplary and punitive damages in an amount to be proven at trial in addition to reimbursement of reasonable attorneys’ fees and costs pursuant to 42 USC § 1988 and 28 USC §1927, if appropriate. THIRD CLAIM FOR RELIEF 42 U.S.C. § 1983 Violations of Fourth and Fourteenth Amendments Municipal Liability against Defendant City of Eugene 45. Plaintiff re-alleges and incorporates by reference the allegations contained in all of the paragraphs of this complaint as though fully set forth herein. 48. The acts of Defendants described herein were taken under color of law. 47. By the acts described herein, the City of Eugene is liable for the acts of its agents and employees. 48. The City of Eugene and the Eugene Police Department have policies, customs, and practices of: * Not removing officers from active duty who have committed violations of policy, used excessive force on individuals, or committed crimes against individuals; * Providing inadequate ‘use of force” training to Eugene Police Department officers; + Providing inadequate training to Eugene Police Department officers on Page 8 - COMPLAINT Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Page Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 9 of 13 49. the use of Tasers; Providing inadequate training to Eugene Police Department officers on basic civil rights, including when a stop, search, or seizure is allowed under the law; Providing inadequate training to Eugene Police Department officers on law enforcement interaction with individuals whose behavior is affected by mental health conditions; Providing inadequate training to Eugene Police Department officers on law enforcement interaction with individuals whose behavior is affected by the use of medications, drugs, or alcohol; Allowing Eugene Police Department officers to assault individuals, then charging those individuals with resisting arrest; Refusing to turn over officer's body camera footage to avoid oversight by the public and to hide the City’s use of excessive force and wrongful arrest; and Not disciplining officers for violating the constitutional rights of individuals. The failings of the City of Eugene and the Eugene Police Department's policies, customs, and practices are a direct and proximate result of Jared Roy's injury, embarrassment, humiliation, insult, and damages in amounts to be determined by the jury at trial 50. In committing the acts alleged above, Defendants acted maliciously and/or were guilty of a wanton and reckless disregard for the rights, feelings, and 9 - COMPLAINT Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 10 of 13 safety of Jared Roy, and by reason thereof, Plaintiff is entitled to exemplary and punitive damages in an amount to be proven at trial in addition to reimbursement of reasonable attorneys’ fees and costs pursuant to 42 USC § 1988 and 28 USC §1927, if appropriate FOURTH CLAIM FOR RELIEF State Law Claim Intentional Infliction of Emotional Distress Against Defendant City of Eugene 51. Plaintiff re-alleges and incorporates by reference the allegations contained in all of the paragraphs of this complaint as though fully set forth herein 52. The acts of Defendants described herein were taken under color of law. 53. ORS 30.075 allows Elizabeth Bogan, as personal representative of the estate of Jared Anders Roy, to maintain an action against Defendants to recover damages and attorney fees for the injuries caused by the acts and omissions of Defendants, 54. By the acts described herein, Defendants intended to subject Jared Roy to severe emotional stress by using excessive force on him, seizing him, and arresting him without probable cause. 56. Defendants’ use of excessive force, unreasonable seizure, and unlawful arrest of Jared Roy constituted extraordinary transgressions of the bounds of socially tolerable conduct. 56. Defendants’ use of excessive force, unreasonable seizure, and unlawful arrest of Jared Ray in fact caused Jared Roy severe emotional distress. Page — 10- COMPLAINT Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Page Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 11 of 13 57. In committing the acts alleged above, Defendants acted maliciously and/or were guilty of a wanton and reckless disregard for the rights, feelings, and safety of Jared Roy, and by reason thereof, Plaintiff is entitled to exemplary and punitive damages in an amount to be proven at trial in addition to reimbursement of reasonable attorneys’ fees and costs pursuant to 42 USC § 1988 and 28 USC §1927, if appropriate. FIFTH CLAIM FOR RELIEF State Law Claim Assault Against Defendant City of Eugene 58. Plaintiff re-alleges and incorporates by reference the allegations contained in all of the paragraphs of this complaint as though fully set forth herein. 59. The acts of Defendants described herein were taken under color of law. 60. ORS 30.075 allows Elizabeth Bogan, as personal representative of the estate of Jared Anders Roy, to maintain an action against Defendants to recover damages and attorney fees for the injuries caused by the acts and omissions of Defendants 61, Defendants intentionally caused serious physical injury to Jared Roy by means of blows to his head, dangerous application of weight and force to his body, and by use of a Taser. 62. In committing the acts alleged above, Defendants acted maliciously andior were guilty of a wanton and reckless disregard for the rights, feelings, and safety of Jared Roy, and by reason thereof, Plaintiff is entitled to exemplary and 41 - COMPLAINT Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 12 of 13 punitive damages in an amount to be proven at trial in addition to reimbursement of reasonable attorneys’ fees and costs pursuant to 42 USC § 1988 and 28 USC. §1927, if appropriate SIXTH CLAIM FOR RELIEF State Law Claim False Arrest Against Defendant City of Eugene 63. Plaintiff re-alleges and incorporates by reference the allegations contained in all of the paragraphs of this complaint as though fully set forth herein, 64 The acts of Defendants described herein were taken under color of law. 65. ORS 30.075 allows Elizabeth Bogan, as personal representative of the estate of Jared Anders Roy, to maintain an action against Defendants to recover damages and attorney fees for the injuries caused by the acts and omissions of Defendants. 68. By the acts described herein, Defendants did not have probable cause to arrest Jared Roy. 67. In committing the acts alleged above, Defendants acted maliciously and/or were guilty of a wanton and reckless disregard for the rights, feelings, and safety of Jared Roy, and by reason thereof, Plaintiff is entitled to exemplary and punitive damages in an amount to be proven at trial in addition to reimbursement of reasonable attorneys’ fees and costs pursuant to 42 USC § 1988 and 28 USC §1927, if appropriate wit Page — 12- COMPLAINT Andersen Morse & Linthorst 1730 E. McAndrews, Suite A Medford, Or 97504Page Case 6:22-cv-00438-AA Document1 Filed 03/18/22 Page 13 of 13 DAMAGES 68. As a direct and proximate result of the conduct of Defendants, Plaintiff has suffered economic and noneconomic damages including: a Jared Roy's physical injuries including Taser probe wounds, head injury, post-concussion symptoms, abrasions, contusions, scrapes, and bruising; b Jared Roy's loss of his civil right to be free from the use of excessive force by law enforcement; °. Jared Roy's loss of his civil right to be free from unconstitutional unlawful arrest and unreasonable seizure; d Jared Roy's loss of his civil right to be free from intentional infliction of emotional distress by law enforcement; e. Costs for medical services; and f Jared Roy's pain, suffering, and mental anguish. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendants as follows 1. Grant Plaintiff compensatory damages against Defendants for the injuries, damages, and losses listed herein, in an amount to be determined at trial; 2. Award Plaintiff reasonable costs, expenses, and attorney fees; and 3. Grant Plaintiff such further relief as this Court de equitable. DATED this 18th day of March, 2022 gf By —_ #116975 13 - COMPLAINT Andersen Morse & Linthorst 1730 E, McAndrews, Suite A Medford, Or 97504Case 6:22-cv-00438-AA Document 1-1 Filed 03/18/22 Page 1 of 1 CIVIL COVER SHEET ‘The 1 4 iil cover set andthe infomation contin Netein netic eplace no supple the ling and service of pleadings ror oper as requ y nv ekept povided by local rales af ett. This for, proved bythe aia Conferenes of ts United Stats in September 1974, eget forthe ts the Clark of Cou x the urpose oft he evil docket set. (SEE NSIHUCHIONS OV NEXT PAGE OP TUS FORM? B84 Rex 820) T(@) PLAINTIFFS ELIZABETH BOGAN, Personal Representative of the Fatale of JARED ANDFRS ROY. deceased () Coun of Reience of Ft Listed antl (©) Asm Nae, nd Tepe Nao) ‘Andersen Morse & Linthorst, PC, 1730 E. McAndrews #A Medford, OR 97504 (541) 773-7000 sam DEFENDANTS CITY OF EUGENE, a municipal corporation; OFFICER. 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