5/8/2023 11:10 AM

22CV39627

4 IN THE CIRCUIT COURT OF THE STATE OF OREGON

5 FOR THE COUNTY OF CLACKAMAS

6 TYLER A. LOFALL, Case No. 22CV39627

7 DEFENDANTS WEST LINN POLICE
Plaintiff,
DEPARTMENT, DANA GUNNARSON
8 AND CATLIN BLYTH’S ANSWER AND
v.
AFFIRMATIVE DEFENSES TO
9
COUNTY OF CLACKAMAS, DA PLAINTIFF’S THIRD AMENDED
10 REBECCA PORTLOCK, WEST LINN COMPLAINT
POLICE DEPARTMENT, CLACKAMAS Prayer Amount: $2,418,100.00
11 COUNTY POLICE DEPARTMENT, WEST
LINN POLICE OFFICER DANA Filing Fee—Exempt Pursuant to ORS 20.140
12 GUNNERSON, WEST LINN POLICE CLAIM NOT SUBJECT TO MANDATORY
13 OFFICER CAITLIN BLYTH, ARBITRATION
CLACKAMAS COUNTY JAIL,
Jury Trial Requested
14
Defendants.
15

16 For their Answer to Plaintiff’s Third Amended Complaint, Defendants West Linn Police

17 Department, Dana Gunnarson and Catlin Blyth (hereinafter “West Linn Defendants”) deny each

18 and every allegation of Plaintiff’s Third Amended Complaint except as expressly admitted in this

19 Answer:

20 1.

21 West Linn Defendants admit that the City of West Linn is a municipality organized and

22 existing under the laws of the State of Oregon and the West Linn Police Department is a

23 subordinate internal department of the City of West Linn.

24 2.

25 West Linn Defendants admit that during the relevant times alleged in the Third Amended

26 Complaint, Officer Dana Gunnarson (hereinafter “Officer Gunnarson”) and Officer Catlin Blyth

Page 1 – DEFENDANTS WEST LINN POLICE DEPARTMENT, LEWIS, NWEZE & STABLER
Not a Partnership
DANA GUNNARSON AND CATLIN BLYTH’S Employed by the Legal Division of CIS
ANSWER AND AFFIRMATIVE DEFENSES TO 15875 Boones Ferry Rd., #1469
Lake Oswego, OR 97035
PLAINTIFF’S THIRD AMENDED COMPLAINT Telephone: (503) 763-3875
 1 (hereinafter "Officer Blyth”) were employed as police officers for the City of West Linn Police

2 Department, acting within the course and scope of their employment.

3 3.

4 West Linn Defendants admit that the “ex-girlfriend” referenced in Plaintiff’s Third-

5 Amended Complaint is Massiel Galla (hereinafter “Ms. Galla”); that during the relevant times

6 alleged in the Third-Amended Complaint, Plaintiff resided at Ms. Galla’s residence in West

7 Linn, Oregon; and that during, or around, the relevant times alleged in the Third-Amended

8 Complaint, Plaintiff and Ms. Galla were engaged in an intimate relationship and/or cohabitating,

9 meeting the definition of “family and household members” under ORS 135.230(4).

10 4.

11 West Linn Defendants admit that on March 6, 2022, Plaintiff and Ms. Galla were

12 engaged in a physical altercation outside of Ms. Galla’s residence; that during the course of the

13 altercation, two of Ms. Galla’s children, one of whom was a minor (and a boyfriend of one of the

14 children), arrived at the residence and observed the altercation.

15 5.

16 West Linn Defendants admit that Ms. Galla’s children, and the boyfriend, witnessed

17 Plaintiff grab Ms. Galla from behind and hold on to her with Plaintiff’s arms wrapped around

18 Ms. Galla’s shoulders; that Ms. Galla struggled against Plaintiff’s hold; and that Ms. Galla

19 attempted to free herself by attempting to spray Plaintiff with a garden hose she was holding.

20 6.

21 West Linn Defendants admit that one of Ms. Galla’s children took pictures of the

22 altercation, which depict Plaintiff holding Ms. Galla as described; and that Plaintiff released

23 Ms. Galla in response to one of the children, or the boyfriend, yelling “take your hands off her.”

24 7.

25 West Linn Defendants admit that after witnessing the altercation, the children reported

26 the incident to the West Linn Police Department.

Page 2 – DEFENDANTS WEST LINN POLICE DEPARTMENT, LEWIS, NWEZE & STABLER
Not a Partnership
DANA GUNNARSON AND CATLIN BLYTH’S Employed by the Legal Division of CIS
ANSWER AND AFFIRMATIVE DEFENSES TO 15875 Boones Ferry Rd., #1469
Lake Oswego, OR 97035
PLAINTIFF’S THIRD AMENDED COMPLAINT Telephone: (503) 763-3875
 1 8.

2 West Linn Defendants admit that Officer Gunnarson investigated the report from

3 Ms. Galla’s children (and boyfriend) and viewed the photos taken of the altercation.

4 9.

5 West Linn Defendants admit that Officer Gunnarson explained to the children that

6 Ms. Galla would have to initiate a report herself in order for the investigation to proceed; and

7 that a short time later, Ms. Galla called Officer Gunnarson and explained the altercation between

8 herself and Plaintiff.

9 10.

10 West Linn Defendants admit that Ms. Galla told Officer Gunnarson that Plaintiff grabbed

11 her from behind with both of his arms and in response, Ms. Galla began screaming and

12 demanding that Plaintiff let her go; that Ms. Galla told Officer Gunnarson that she (Ms. Galla)

13 unsuccessfully tried spraying Plaintiff with the garden hose in an effort to free herself; and that

14 Plaintiff released her from his grasp once her children arrived at the residence.

15 11.

16 West Linn Defendants admit that Officer Gunnarson developed probable cause to arrest

17 Plaintiff for multiple crimes under Oregon law based on the information and evidence provided

18 to her.

19 12.

20 West Linn Defendants admit that Officers Gunnarson and Blyth went to Ms. Galla’s

21 residence and contacted Plaintiff.

22 13.

23 West Linn Defendants admit that Plaintiff admitted to subjecting Ms. Galla to unwanted

24 physical and offensive contact; that Plaintiff admitted he “bear hugged” Ms. Galla from behind

25 “to get her to stop” and noted “that is the most violent I (Plaintiff) have ever been with her.”

26 ///

Page 3 – DEFENDANTS WEST LINN POLICE DEPARTMENT, LEWIS, NWEZE & STABLER
Not a Partnership
DANA GUNNARSON AND CATLIN BLYTH’S Employed by the Legal Division of CIS
ANSWER AND AFFIRMATIVE DEFENSES TO 15875 Boones Ferry Rd., #1469
Lake Oswego, OR 97035
PLAINTIFF’S THIRD AMENDED COMPLAINT Telephone: (503) 763-3875
 1 14.

2 West Linn Defendants admit that Officer Gunnarson arrested Plaintiff for the crime of

3 Harassment (ORS 165.065) based on the probable cause developed during her investigation; that

4 Plaintiff was taken into custody; and that Officer Blyth transported Plaintiff to the Clackamas

5 County Jail, where Plaintiff was lodged.

6 15.

7 West Linn Defendants admit that on March 7, 2022, the State of Oregon, through the

8 Clackamas County District Attorney’s Office, charged Plaintiff with the misdemeanor crime of

9 Harassment in the criminal case of State of Oregon v. Tyler Allen Lofall, 22CR10908; that

10 Plaintiff was arraigned the same day; and that Clackamas County Circuit Court Judge Katherine

11 Weber denied Plaintiff’s release from custody and set bail at $10,000.

12 16.

13 West Linn Defendants admit that Plaintiff remained in custody at the Clackamas County

14 Jail, pursuant to judicial orders, until the court ordered his release on April 12, 2022.

15 17.

16 West Linn Defendants admit that on May 6, 2022, Clackamas County Circuit Court

17 Judge Cody Weston revoked Plaintiff’s release and issued a warrant for Plaintiff’s arrest based

18 on Plaintiff repeatedly violating the conditions of his release; that Plaintiff was taken back into

19 custody and arraigned on May 6, 2022, before being released from custody on May 10, 2022,

20 after posting bail.

21 18.

22 West Linn Defendants admit that on July 14, 2022, the criminal case in 22CR10908 was

23 dismissed pursuant to the State of Oregon’s motion that dismissal was in the best interests of

24 justice.

25 ///

26 ///

Page 4 – DEFENDANTS WEST LINN POLICE DEPARTMENT, LEWIS, NWEZE & STABLER
Not a Partnership
DANA GUNNARSON AND CATLIN BLYTH’S Employed by the Legal Division of CIS
ANSWER AND AFFIRMATIVE DEFENSES TO 15875 Boones Ferry Rd., #1469
Lake Oswego, OR 97035
PLAINTIFF’S THIRD AMENDED COMPLAINT Telephone: (503) 763-3875
 1 19.

2 Except as expressly admitted above, West Linn Defendants deny each and every

3 remaining allegation of Plaintiff’s Third Amended Complaint, either because they are fictitious,

4 fabricated, or untrue, because they are opinions or conclusions of law rather than allegations of

5 fact, because they are directed toward other parties and/or defendants and no response is

6 required, or because Defendants lack sufficient information or belief as to their accuracy at this

7 time.

8 AFFIRMATIVE DEFENSES

9 BY WAY OF FURTHER ANSWER AND FOR A FIRST AFFIRMATIVE DEFENSE,

10 West Linn Defendants allege:
11 20.
12 Defendants Dana Gunnarson and Catlin Blyth are entitled to qualified immunity.
13 BY WAY OF FURTHER ANSWER AND FOR A SECOND AFFIRMATIVE
14 DEFENSE, West Linn Defendants allege:
15 21.
16 Probable cause existed for Plaintiff’s arrest based on the witness and victim statements,
17 photo evidence, and Plaintiff’s admissions.
18 BY WAY OF FURTHER ANSWER AND FOR A THIRD AFFIRMATIVE DEFENSE,
19 West Linn Defendants allege:
20 22.
21 Officers Gunnarson and Blyth were required by ORS 133.055(2)(a) to arrest Plaintiff.
22 BY WAY OF FURTHER ANSWER AND FOR A FOURTH AFFIRMATIVE
23 DEFENSE, West Linn Defendants allege:
24 ///
25 ///
26 ///

Page 5 – DEFENDANTS WEST LINN POLICE DEPARTMENT, LEWIS, NWEZE & STABLER
Not a Partnership
DANA GUNNARSON AND CATLIN BLYTH’S Employed by the Legal Division of CIS
ANSWER AND AFFIRMATIVE DEFENSES TO 15875 Boones Ferry Rd., #1469
Lake Oswego, OR 97035
PLAINTIFF’S THIRD AMENDED COMPLAINT Telephone: (503) 763-3875
 1 23.

2 Probable cause existed for Plaintiff’s arrest as a matter of law pursuant to a judicial

3 finding of probable cause, Plaintiff’s arraignment, and the filing of a District Attorney’s

4 Information charging Plaintiff with a criminal offense.

5 BY WAY OF FURTHER ANSWER AND FOR A FIFTH AFFIRMATIVE DEFENSE,

6 West Linn Defendants allege:

7 24.

8 West Linn Defendants are entitled to judicial or quasi-judicial immunity on any claim

9 related to Plaintiff’s detention or continued detention because Plaintiff’s confinement was

10 pursuant to judicial orders in State of Oregon v. Tyler Allen Lofall, Clackamas County Circuit

11 Court No. 22CR10908.

12 BY WAY OF FURTHER ANSWER AND FOR A SIXTH AFFIRMATIVE DEFENSE,

13 West Linn Defendants allege:

14 25.

15 The criminal prosecution of Plaintiff, resulting in his detention and confinement, was

16 independently conducted by the Clackamas County District Attorney’s Office and West Linn

17 Defendants are not liable for the actions of the Clackamas County District Attorney’s Office.

18 BY WAY OF FURTHER ANSWER AND FOR A SEVENTH AFFIRMATIVE

19 DEFENSE, West Linn Defendants allege:

20 26.

21 Plaintiff failed to state claims upon which relief can be granted.

22 BY WAY OF FURTHER ANSWER AND FOR AN EIGHTH AFFIRMATIVE

23 DEFENSE, West Linn Defendants allege:

24 27.

25 Plaintiff’s claim of “Intentional Interference with Contractual / Economic Relationship”

26 as alleged in “Count Seven” has been dismissed from this proceeding with prejudice pursuant to

Page 6 – DEFENDANTS WEST LINN POLICE DEPARTMENT, LEWIS, NWEZE & STABLER
Not a Partnership
DANA GUNNARSON AND CATLIN BLYTH’S Employed by the Legal Division of CIS
ANSWER AND AFFIRMATIVE DEFENSES TO 15875 Boones Ferry Rd., #1469
Lake Oswego, OR 97035
PLAINTIFF’S THIRD AMENDED COMPLAINT Telephone: (503) 763-3875
 1 the Court’s opinion and order dated February 27, 2023 and April 19, 2023, respectively. Plaintiff

2 is precluded from litigating this claim in its entirety against West Linn Defendants.

3 BY WAY OF FURTHER ANSWER AND FOR A NINTH AFFIRMATIVE DEFENSE,

4 West Linn Defendants allege:

5 28.

6 Plaintiff failed to mitigate his damages.

7 BY WAY OF FURTHER ANSWER AND FOR A TENTH AFFIRMATIVE DEFENSE,

8 West Linn Defendants allege:

9 29.

10 To the extent Plaintiff’s Third Amended Complaint alleges state law tort claims, any such

11 claims are subject to the conditions, limitations, and immunities contained in the Oregon Tort

12 Claims Act, ORS 30.265, et. seq., including but not limited to, the limitations on damages

13 contained in ORS 30.272 and the notice requirement contained in ORS 33.275.

14 WHEREFORE, having fully answered Plaintiff’s Third Amended Complaint, West Linn

15 Defendants pray that the same be dismissed, they be awarded their costs and disbursements

16 incurred herein, and such other relief as the court deems just and equitable.

17 West Linn Defendants demand trial by jury.

18 DATED this 8th day of May 2023.

19 LEWIS, NWEZE & STABLER

20 By: s/ William E. Stabler

William E. Stabler, OSB No. 124624
21 wstabler@cisoregon.org
David C. Lewis, OSB No. 953348
22
dlewis@cisoregon.org
23 Of Attorneys for Defendants West Linn Police
Department, Dana Gunnarson and Catlin Blyth
24
Trial Attorney: William E. Stabler, OSB
25
No. 124624
26

Page 7 – DEFENDANTS WEST LINN POLICE DEPARTMENT, LEWIS, NWEZE & STABLER
Not a Partnership
DANA GUNNARSON AND CATLIN BLYTH’S Employed by the Legal Division of CIS
ANSWER AND AFFIRMATIVE DEFENSES TO 15875 Boones Ferry Rd., #1469
Lake Oswego, OR 97035
PLAINTIFF’S THIRD AMENDED COMPLAINT Telephone: (503) 763-3875
 1 CERTIFICATE OF SERVICE

2 I hereby certify that on the 8th day of May 2023, I served the foregoing DEFENDANTS

3 WEST LINN POLICE DEPARTMENT, DANA GUNNARSON AND CATLIN BLYTH’S

4 ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S THIRD AMENDED

5 COMPLAINT the following parties by the method(s) indicated below:

6 Tyler Allen Lofall  First-class mail, postage prepaid

tyleralofall@gmail.com  Facsimile, pursuant to ORCP 9 F
7 6880 NW 271st Avenue  Hand Delivery
Hillsboro, OR 97124  Overnight courier, delivery prepaid
8
Plaintiff Pro Se  E-mail, pursuant to ORCP 9 G
9  E-mail copy, as courtesy only
Eliot D. Thompson  First-class mail, postage prepaid
10
eliot.thompson@doj.state.or.us  Facsimile, pursuant to ORCP 9 F
11 Senior Assistant Attorney General  Hand Delivery
Oregon Dept. of Justice  Overnight courier, delivery prepaid
12 1162 Court Street NE  E-mail, pursuant to ORCP 9 G
Salem, OR 97301-4096  E-mail copy, as courtesy only
13 Attorney for Clackamas County District
Attorney Rebecca Portlock
14

15 Electronic Service, via Odyssey File & Serve, pursuant to UTCR 21.100:
16 Tyler Allen Lofall
tyleralofall@gmail.com
17 Plaintiff Pro Se
18

19
s/ William E. Stabler
20 William E. Stabler, OSB No. 124624
Of Attorneys for Defendants West Linn
21 Police Department, Dana Gunnarson and
Catlin Blyth
22

23

24

25

26

Page 1 – CERTIFICATE OF SERVICE LEWIS, NWEZE & STABLER

Not a Partnership
Employed by the Legal Division of CIS
15875 Boones Ferry Rd., #1469
Lake Oswego, OR 97035
Telephone: (503) 763-3875