Page	1— PLAINTIFF’S	MEMORANDUM	RE:	TRIAL	DAMAGES

Lauren	C.	Regan,	OSB	#970878

Justice	Law	Group

lregan@justicelaworegon.com

259	E.	5th Ave,	Suite	300A

Eugene,	OR	97401

Telephone:	(541)	687-9180

Fax:	(541)	686-2137

Attorney	for	Plaintiff	Justin	Michael	Wilkens

IN	THE	UNITED STATES	DISTRICT	COURT

FOR THE	DISTRICT	OF	OREGON

JUSTIN	MICHAEL	WILKENS,

Plaintiff,

v.

ROBERT	WAYNE	EDWARDS,	in	his	

individual capacity; THE	STATE	OF	

OREGON,

Defendants.

Case	No.	 6:14-cv-00907-MC

PLAINTIFF’S	MEMORANDUM	RE:	

TRIAL	DAMAGES

On	December	8,	2015,	this	Court issued an	Order	requiring	Plaintiff	to:	“disclose	

economic	and	non-economic	damages	by	Friday	12/11/15.”

Plaintiff	had	already	provided	the	documents	establishing	his	economic	damages	in	

response	to	the	Defendants’	discovery	requests.		Nonetheless,	Plaintiff	will	submit	evidence	

demonstrating	$31,610.53	in	economic	damages	to	date.		This	figure	does	not	include	

potential	future	medical	costs	because	we	have	not	received	this	information	from	Slocum	

Orthopedics/Dr.	Sheerin	(Plaintiff’s	surgeon).

Case 6:14-cv-00907-MC Document 71 Filed 12/11/15 Page 1 of 4
Page	2— PLAINTIFF’S	MEMORANDUM	RE:	TRIAL	DAMAGES

Plaintiff	should	not	be	required	to	provide	an	amount	of noneconomic	damages	for	

Defendants1.		Computation of	noneconomic	damages	is	left	to	the	finder	of	fact and	is	not	

the	type	of	damages	contemplated	by	FRCP	26(a)(1)(iii).	 See	Williams	v.	Trader	Pub.	Co.,

218	F.3d	481,	487	n.3	(5th	Cir.	2000).		There	are	a	wide	range	of	reasonable	jury	awards	

for	bodily	injury,	emotional	and	psychological	suffering,	and	pain	and	suffering—

particularly	regarding	police	misconduct	cases.		Rule	26(a)(1) is	not	reasonably	read to	

require	Plaintiff	to	come	up	with	arbitrary	numbers	for	his	intangible	damages	when	a	jury	

would	have	wide	latitude	to	determine	how	much	compensatory	and	punitive	damages	will	

be	appropriate.	Finally,	other	jurisdictions	have	ruled	that	forcing	Plaintiff	to	disclose	

noneconomic	damage	information violates the	attorney-client	and	attorney	work	product	

privileges.

							Plaintiff	will	also	seek	punitive	damages.	 Calculation	of	these	damages	is	premature	

and	also	not	susceptible	to	the	type	of	calculation	contemplated	by	Rule	26(a)(1).	 See	

Burrell	v.	Crown Cent.	Petroleum,	177	F.R.D.	376,	386	(D.	Tex.	1997).

If	the	court	does	not	agree	with	this	analysis, Plaintiff will seek	a	maximum	of	

$500,000, but	we	ask	the	Court	to	grant	a	Motion	in	Limine	forbidding	Defendants	from	

disclosing	that	number	at	trial	since,	once	again,	Plaintiff	intends	to	allow	the	jury	to	

																																																							 1 Counsel	notes	that	in	her	18	years	of	litigating	police	misconduct	cases,	and	after	

surveying	several	other	Plaintiff’s	lawyers	in	Oregon,	none	had	ever	been	compelled	to	

provide	a	noneconomic	damage	amount	pre-trial.

Case 6:14-cv-00907-MC Document 71 Filed 12/11/15 Page 2 of 4
Page	3— PLAINTIFF’S	MEMORANDUM	RE:	TRIAL	DAMAGES

determine	the	amount,	and	is	only	disclosing	this	amount	because	of	the	Court’s	Order.

DATED	December	10,	2015.

__/s/	Lauren	C.	Regan________

												Lauren	C.	Regan,	OSB	#970878

												Attorney	for	Justin	Michael	Wilkens

Case 6:14-cv-00907-MC Document 71 Filed 12/11/15 Page 3 of 4
Page	4— PLAINTIFF’S	MEMORANDUM	RE:	TRIAL	DAMAGES

CERTIFICATE OF SERVICE

I certify that on December 11, 2015, I served or caused to be served a true and complete 

copy of the foregoing Trial Memo: damages, on the party or parties listed below as follows:

____X_ Via CM/ECF Filing

______ Via First Class Mail, Postage Prepaid

___X__ Via Email

______ Via Personal Delivery

HEATHER	J.	VAN	METER	#983625

Senior	Assistant	Oregon	Attorney	General

1162	Court	Street	NE

Salem,	OR	97301-4096

Heather.J.VanMeter@doj.state.or.us

Attorneys	for	Defendants	Robert	Wayne	Edwards	and	State	of	Oregon

JUSTICE LAW GROUP

___/s/ Lauren C. Regan______

Lauren C. Regan, OSB # 970878

Justice Law Group

Of Attorneys for Plaintiff 

259 East Fifth Ave., Suite 300A

Eugene, OR 97401

lregan@justicelaworegon.com

Tel: (541) 687-9180

Fax: (541) 686-2137

Of Attorneys for Plaintiff

Case 6:14-cv-00907-MC Document 71 Filed 12/11/15 Page 4 of 4