Christopher Lundberg, OSB No. 941084

email: clundberg@hk-law.com

Matthew E. Malmsheimer,OSB No. 03384

email : mmalmsheimp@hk law.cg4

HAGL

200 S.W, Market Street, Srtirte 1777

Portland, Oregon 97201

Phone: (503)225-0777

Facsimile: (503) 225-1257

Attorney for Plaintiff

IN THE LINITED STATES DISTzuCT COURT

DISTRICT OF OREGON

(Eugene Division)

JOHN S. UMENHOFER, an individual,

Plaintiff,

V

GINO GRIMALDI, TIMOTHY DONEY,

individuals, and THE CITY OF

SPRINGFIELD, an Oregon Municipalify

Defendants

Case No.:

COMPLAINT

Violations of 42 U,S.C. $ 1983 (Free Speech

Rights under the First and Fourteenth

Amendments to the U.S. Const.), Public

Employee'Whistleblower Retaliation in

Violation of 659A.200 et seq.; Violations of

659A.218 and ORS 6594.103

Jury Trial Demanded

INTRODUCTION

This case arises out of plaintiff John Umenhofer's several-year battle to fix comrption

within the Springfield Police Department ("SPD" or the "Department"). The corruption

involved the Department's practice of allowing misconduct and silencing those who attempted to

challenge it. Sgt. Umenhofer initially understood the misconduct to revolve around

inappropriate, on-duty, sexual interactions among some of the Department's leadership team ,

some of which involved relationships with female subordinates and City co-workers - and he

FIÂGLUND KELI-EY LLP

A]'TORNEYS,4.T L,A,Ií

2OO S!ø MARKET STREET, SUITE 1777

PORTLÂND, OR 97201

000002991 1H073PLO1

Page I - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 1 of 30
kept his reports internal, hoping and trusting that the senior Department leaders would respond

appropriately.

However, as he learned, the corruption went all the way to the Chiels ofhce, negatively

impacted police operations, and leaked into other areas of misconduct that put the public's safety

at risk. As a result, Sgt. Umenhofer determined to take a stand against this culture, knowing that

if it was not stopped, it would escalate. Unfortunately, Sgt. Umenhofer's sustained efforts to rid

the Department of this culture triggered relaliatory hostility from his supervisors that put his

personal safety in danger and caused him severe distress and anxiety. As a result, he was forced

to go outside the Department with his complaints.

In that regard, Sgt. Umenhofer took his complaints to Gino Grimaldi, the City of

Springfield's City Manager, and to the Mayor of Springfield. Sgt. Umenhofer knew that by

doing so, he was crossing a dangerous line. Accordingly, he urged Mr. Grimaldi to keep his

identity, and the identity of the line officers who had made similar reports to Sgt. Umenhofer,

conf,rdential. Notwithstanding Sgt. Umenhofer's cautions (and Oregon law), Mr. Grimaldi

provided Sgt. Umenhofer's and the other reporting ofhcers' identities, along with the notebook

containing detailed documentation of the misconduct, to the Chief and other supervising officers

identified by Sgt. Umenhofer as corrupt.

Almost immediately thereafter, Sgt. Umenhofer was subjected to retaliatory hostility,

which in the light of his previous experience with the same, caused his mental and physical

health to deteriorate to the point that he needed an extended medical leave of absence, which was

unpaid. When the City hired a new Chief of Police, Tim Doney, Sgt. Umenhofer presented his

notebook to Chief Doney and urged him to take corrective action. In response, the new Chief

failed to even acknowledge Sgt. Umenhofer's concerns. Instead, Chief Doney rather simply, and

FIAGLUND KEITEY I,LP

A]"I'ORNEYS AT LAW

2OO SW M.A,RKET STREET, SUITE 1777

PORILAND, OÌì 97201

000002991 1rÌ073PLO1

Page 2 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 2 of 30
tellingly, told Sgt. Umenhofer that retirement would be a good thing. A few months later, Sgt.

Umenhofer requested to return to work with an accommodation designed to ensure his safety,

which could have included a short-or-long term transfer to an open Investigator's position within

the District Attorney's office, a position with the Interagency Drug Team located within the

Drug Enforcement Agency, or the Director of the Springheld municipal jail, all of which were

commensurate with his skills and abilities. Instead, the City offered him a janitorial or librarian

job. 'When Sgt. Umenhofer declined to accept those "offers," the City fired him.

JURISDICTION

1. This Court has original jurisdiction over Plaintiff s federal statutory claims under

28 U.S,C. $ 1331. This Court has supplemental jurisdiction over Plaintiff s pendant state claims

under 28 U,S.C. $ 1367

VENUE

2. Venue is appropriate in the District of Oregon, Eugene Division, because all of

the Defendants reside within the State of Oregon and all of the events giving rise to this action

occurred in.Lane County in the State of Oregon. 28 U.S.C. S 1391(b).

PARTIES

3. Plaintiff John S. Umenhofer is an individual and resident of Springfield, Oregon.

At all times material, Plaintiff worked as a Sergeant in the Springfield Police Department. At the

time of termination, Sgt. Umenhofer was earning approximately $95,000 per year (excluding

overtime pay), with health and other insurance benefits and a monthly employer contribution to

his retirement account equal to 12.8o/o of his monthly earnings. The retirement account earned a

guaranteed interest rate of 9o/o. The interest rate earnings ended one year after Sgt. Umenhofer's

termination and were calculated off of his most recent wage rate.

IIAGI.UND KELLEY LLP

,¿\'I-I'ORN trYS,A,T Ll\.lø

2OO SlI MAÌU<ET STREET, SUITE 1777

PORTL,A,ND, OR 97201

000002991 1FI073PLO1

Page 3 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 3 of 30
4. Defendant Gino Grimaldi is an individual and, upon information and belief,

resident of Springf,reld, Oregon. At all times material, Mr. Grimaldi served as the City Manager

of the City of Springfield, and thus his actions towards Sgt. Umenhofer were taken under color

of state law. Mr. Grimaldi is being sued in both his individual and offrcial capacities.

5. Defendant Timotþ Doney is an individual and, upon information and belief,

resident of Springfield, Oregon. At all times material, Chief Doney served as the Chief of Police

for the Springfield Police Department, and thus his actions towards Sgt. Umenhofer were taken

under color of state law. Chief Doney is being sued in his offrcial capacity.

6. Defendant City of Springfield (the "City") is an Oregon Municipality. At all

times material, it acted by and through its employees and agents, who were acting within the

course and scope of their employment and authority and in furtherance, at least in part, of the

City's interests.

FACTS

7. As of his termination on June 9,2014, Sgt. Umenhofer was a veteran Patrol

Sergeant with 29-years' service with the Department.

8, Sgt. Umenhofer was a consistently strong performer in his police work. He

served on the Department's Special Weapons and Tactics ("SV/AT") team for twenty years and

was awarded numerous honors, including being voted Offrcer of the Year by his peers, being

recognized as the top-arresting offrcer in the Department, and receiving the Medal of Valor and a

Lifesaving Medal.

9. Sgt. Umenhofer was a certihed law enforcement ethics instructor and for several

years taught an ethics class to law enforcement reserve personnel.

HAGLUND KELLEY LLP

ATIORNEYS AT LADV

2OO S\í MARKET STREET, SUITE 1777

PORIL^.ND, OR 97201

000002991 1rJO73PL01

Page 4 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 4 of 30
10. Over the course of his career as a supervisor, Sgt. Umenhofer earned a reputation

for high ethical standards among his peers.

1 l. On or around January 3,2003, the City promoted Sgt. Umenhofer to a supervisory

position of sergeant.

12. After his promotion, Sgt. Umenhofer periodically received reports from line

off,rcers about their concerns pertaining to several officers' perceived unethical and illegal

conduct.

13. Initially, Sgt. Umenhofer forwarded these complaints internally, following the

appropriate chain of command and complaint process.

14. In response, SPD's leadership, including its captains and its chief, consistently

met Sgt. Umenhofer's complaints with resistance, reluctantly conducted inadequate and results

driven investigations, and subjected Sgt. Umenhofer to retaliatory hostility.

15. Other officers experienced retaliation for reporting misconduct of their peers and

observed that SPD leadership had established a culture in which offrcers who spoke out against

misconduct of other offrcers would be retaliated against,

16. Based upon the experience of Sgt. Umenhofer and other officers, SPD had

established an unwritten policy of responding to good-faith reports of misconduct by offtcers or

staff members by attempting to silence the reporting officers or staff members and covering up

the subject off,rcer's misdeeds.

17. Sgt. Umenhofer first became aware of the extent of this cover-up policy and

practice when in2007 he reported a concern about the unethical and potentially criminal conduct

of Detective Scott James and the failure of SPD to adequately investigate and handle that

situation.

HAGLUND KELI-EY LLP

A1-TORNEYS AT LAW

2OO SIí MARKET STREET, SUITE 1777

PORT]-AND, OR 97201

000002991 1H073PL01

Page 5 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 5 of 30
18. The origin of this concern came by way of a citizen complaint. In that regard, on

or about March 5,2007, a civilian reported seeing a man and a woman engaged in sexual activity

in the parking lot of a church. The complaint implicated two criminal laws: Public Indecency -

ORS 163.465 and Ofhcial Misconduct - ORS 162.415. Two SPD patrol officers had responded

to the call, and identified the male subject as Detective Scott James and that the activity had

occurred in an unmarked SPD car, which matched the description given by the civilian.

19. This situation was reported to Capt. Richard Harrison, who, along with Sgt.

Charboneau conducted a cursory investigation and then transferred Detective James to a patrol

position. Capt. Harrison's response was inconsistent with past practice under similar

circumstances, which typically triggered a suspension with pay and an investigation by an

outside agency.

20. After learning of Capt. Harrison's response, several patrol officers told Sgt.

Umenhofer of their concern that SPD was covering up Detective James' misconduct.

2L Sgt. Umenhofer agreed that the situation warranted a stronger reaction because,

among other reasons, Detective James' conduct, if substantiated, violated his ethical duties as

mandated by Oregon law and administered by the Oregon Department of Public Safety

Standards and Training ("DPSST").

22. As a result, Sgt. Umenhofer took his and the other officers' concerns to Capt.

Richard Lewis. Sgt. Umenhofer told Capt. Lewis that several of the patrol officers perceived this

situation as involving criminal activity and that SPD's decision simply to transfer Detective

James' to patrol was an inadequate response. Sgt. Umenhofer also told Capt. Lewis that the

department's mishandling of this situation was affecting the efficient operation of the patrol

FIAGLUND KI,LLEY LLP

¡'TTORNEYS AT I-r\ìl

2OO SW MARKET STRT,ET, SUITE 1777

PORTLAND, OR 97201

000002991 111073PLO1

Page 6 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 6 of 30
division. For these reasons, Sgt. Umenhofer urged Capt. Lewis to conduct a proper

investigation.

23. Capt. Lewis's response \À/as to dismiss Sgt. Umenhofer's concerns, telling him,

"You're just jealous."

24. A short time later, a SPD sergeant told Sgt. Umenhofer that the investigation into

Detective James' conduct by Capt. Harrison and Sgt. Charboneau looked like a cover-up. This

same sergeant informed Sgt. Umenhofer that Capt. Harrison had allegedly been seen engaging in

sexual activity while on duty in SPD's weight room, and that Sgt. Charboneau had been using his

command vehicle to facilitate an affair with a Lane County Sheriffls Office deputy's wife. The

sergeant explained that because of Capt. Harrison's and Sgt. Charboneau's on-duty sexual

conduct, it was a conflict of interest for them to investigate Detective James.

25. Based on this information, Sgt. Umenhofer contacted a Lane County Assistant

District Attorney, who recommended that an outside agency should investigate the situation.

Before speaking with Chief Jerry Smith about that recommendation, the Assistant District

Attorney contacted the complaining citizen to get more information.

26. The citizen conf,rrmed that on the day of his complaint, he had a "straight view" of

the couple, and that he had observed the woman's "head . . . bobbing on fDetective James'] lap."

The citizen also said that he had seen this same couple there on numerous previous occasions

over the past eighteen months, and that he was "disgusted" by the sexual conduct in that public

place because children would often cross and play in that church parking lot.

21. Based on the Assistant District Attorney's recommendation, in or around May

2007, Chief Smith ordered a second investigation by the Oregon State Patrol, but limited that

investigation to the single incident, rather than the scope and duration of Detective James' long-

]-IACìI,UND KI,LLEY I-LP

A]-TORNEYS AT LAW

2OO SII M,{RKE]'STREET, SUITE 1777

PORTL,A,ND, OR 97201

000002991 1H073PL01

Page 7 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 7 of 30
term affair. Surprisingly, the second investigation failed to substantiate whether Detective

James' was engaged in sexual activity on the day in question, which had the effect of allowing

him to continue his on-the-job sexual impropriety for another three years.

28. On or about June 20, 2007, Captain Lewis and Chief Smith requested a meeting

with Sgt. Umenhofer. At that meeting, Captain Lewis and Chief Smith chastised Sgt.

Umenhofer for not "letting fthe situation with Detective James] go." Sgt. Umenhofer explained

that his concern was about ensuring that SPD ofhcers maintain proper ethical standards, as

required by DPSST and SPD's internal policies and standards.

29. In response, Captain Lewis and Chief Smith told him that some other offrcers

were upset with Sgt. Umenhofer for pushing this issue and that he should drop it. Sgt.

Umenhofer explained that he would not drop it because he believed that SPD's leadership had a

big ethical problem.

30. In or around January 2008, a friend of former Detective James, Tiffany Monroe,

who was also a member at Springfield Police Association's executive board, served as editor of

the department newsletter. The newsletter issued atthat time contained comments along the

lines of: "You can't find god in a church parking lot."

31. Sgt. Umenhofer believed those comments were referencing former Detective

James' conduct and mocking the ethical violations associated with the same. Hence, Sgt,

Umenhofer reported his concerns to Chief Smith, who took no action in response.

32. Given the complete lack of concern by SPD's leadership about ensuring that its

officers complied with the applicable ethical rules governing the conduct of law enforcement

personnel, Sgt. Umenhofer grew concerned that the Department's culture of allowing

II,A,GLUND K.ELLEY LLP

A]'TORNEYS,q,T L¡.W

2OO S\I MARKET STREET, SUITE 1777

PORTL,A.ND, OR 97201

000002991 1Ir073PL01

Page 8 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 8 of 30
misconduct had and would negatively impact other aspects of SPD's operations, including the

public's safety.

33. Sgt, Umenhofer's concerns about SPD's culture of corruption were confirmed in

connection with the conduct of an SPD Officer, Ethan Spencer, and SPD's leadership's failure to

properly respond.

34. In that regard, before the James' situation described above, in or around the spring

of 2005, two off,rcers had approached Sgt. Umenhofer with serious concerns about the mental

stability of Ofhcer Ethan Spencer. The officers reported their concern that Officer Spencer

seemed fixated on killing someone, and as a result, that they did not want to work with or go on

any calls with Off,rcer Spencer. Sgt. Umenhofer took those concerns to Captain Lewis and Chief

Smith. However, nothing was done.

35, On or about June26,2005, Off,rcer Spencer shot and killed an unarmed fifteen

year old.

36. An investigation into the shooting cleared Officer Spencer of wrongdoing.

However, based upon information and belief, the investigative team did not interview the

officers who had reported their concerns about Off,rcer Spencer's mental instability, nor were

those concerns ever relayed to the investigative team. Nonetheless, Ofhcer Spencer was allowed

to continue serving as a police officer and later became a member of the SV/AT team based on

the approval of Capt. Lewis.

37. The mishandling of the Spencer investigation contributed to two offrcers' decision

to leave SPD.

FIr\CìI,UND Kll,IItrY LLP

A'I"ÍORNEYS A1'LAW

2OO SDI MARKET S'ÍREE'T, SUITE 1777

PORf'LAND, OR 97201

000002991 1H073PLO1

Page 9 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 9 of 30
38. During the investigation, Sgt. Umenhofer told Detective Dave Lewis that Ofhcer

Spencer was unstable. In response, Detective Lewis agreed that there were problems with the

shooting but dismissed those concerns by stating that the victim was a "maggot."

39. Detective Dave Lewis and Captain Richard Lewis are brothers.

40. Detective Dave Lewis and Officer Ethan Spencer were close friends.

4l. In 2008, Chief Smith promoted Detective Lewis to sergeant without requiring him

to go through any promotion testing or any competitive process at all.

42. On or about October 30, 2008, Sgt. Umenhofer was present at a police shooting

incident, During that encounter, Officer Spencer left his cover location, approached the suspect

while shooting his hand gun. This action put Officer Spencer in a crossfire situation with SWAT

offlrcers, which Officer Spencer later denied by suggesting that he moved out of the crossfire

lines before approaching the suspect. As Sgt. Umenhofer knew this to be untrue, he advised Sgt.

Dave Lewis and Captain Richard Lewis that Offrcer Spencer had been untruthful and that he

should be removed from the SWAT team for his reckless behavior. Nothing was done.

43 . In or aroun d 2009 , SPD became a\^/are of a website that contained racially

derogatory statements about Latinos and that posted internal SPD disciplinary memos.

44. Former Detective Scott James had started the website.

45. Before Capt. Lewis knew that former Detective James had started the website,

Capt. Lewis told officers that the ofÍicer responsible for the website would be fired,

46. However, when it became known that the responsible individual was former

Detective James, Capt. Lewis took no action.

47. As a result, Sgt. Umenhofer reported his concerns about the inadequate handling

of former Detective James and his website to his immediate supervisor, Mike Harmon. Sgt.

HAGLUND KELLEYLLP

.A,TTORNEYS AT L,A.\)I

2OO SW MARKET STREET, SUITE 1777

PORTLAND, OP.97201

000002991 1FIO73PI-01

Page 10 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 10 of 30
Umenhofer reported that he was concerned about retaliation for pushing this issue, given what he

had experienced before, and that the website and the department's failure to adequately respond

was creating division among the patrol officers.

48. Supervisor Harmon forwarded Sgt. Umenhofer's written complaint directly to

Capt. Lewis.

49, Notwithstanding, SPD did not take any apparent disciplinary action against

former Detective James. Instead, SPD placed him on the oral boards to select new officers.

50. A short time later, in or around July 2009, Capt. Harrison told Sgt. Umenhofer

that someone "had dropped a dime" on him about a damaged Lidar unit, and then Capt. Harrison

berated Sgt. Umenhofer for failing to perform his duty.

51. Sgt. Umenhofer was not working on the day in question.

52. In or around September 2009, Sgt. Umenhofer experienced another incident that

caused him concern about the impact of the Department' s culture of corruption on the public' s

safety. At that time, Sgt. Umenhofer had responded to a call of a reported rape, The victim had

been kidnapped and dragged into an area of trees and brush îear a freeway overpass. She had

been sexually assaulted and had ligature marks around her neck, the result of having been choked

until she blacked out. Sgt. Umenhofer called Detective Sergeant Charboneau and requested

assistance to properly investigate the scene where the victim had been found and to canvas the

party where he believed the victim had met her attacker (or attackers). Sgt. Charboneau, who

was in charge of the detective division, not only failed to send sufficient detectives to properly

investigate the crime, he also declined to respond to the scene himself. The detective who did

respond contaminated evidence where the victim had been found.

IIAG]-UND K-ELLEY ]¿P

A]'Ì'ORNEYS 

2OO S!í M.A.RKT,T STR-EET, ^1'L^ìvSUII'E 1777

PORTLAND, OR 97201

000002991 1I-I073PL01

Page 11 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 11 of 30
53. Later, in an apparent effort to cover-up the Department's mishandling of that

investigation, Capt. Harrison told the lead ofhcer at the scene that the victim had not been raped.

The lead officer disagreed with Capt. Harrison's statement. Notwithstanding, the media reported

that SPD believed the victim had not been raped.

54. Sgt. Umenhofer complained to Capt. Lewis (who was Sgt. Charboneau's direct

supervisor) about Sgt. Charboneau's mishandling of the case and wrote an email to stop the

dissemination of more incorrect information.

55. A short time later, on or about September 78,2009, Capt. Harrison berated Sgt.

Umenhofer for contacting a second detective on the night of the attempted murder/rape. Capt.

Harrison also demanded that Sgt. Umenhofer was not to follow chain of command when a

complaint involved Sgt. Charboneau. Instead, Sgt. Umenhofer was only to report such a

complaint to Capt. Harrison,

56. In or around December 2009, Capt. Hanison assigned Sgt. Umenhofer to

graveyard shift despite Sgt. Umenhofer's request to work nights or days and despite two other

sergeants having requested graveyard shifts.

57 . On or about February 2010, Chief Smith angrily approached Sgt. Umenhofer in

the locker room. Chief Smith told Sgt. Umenhofer that at a recent arbitration hearing involving a

fired employee, a witness testified that Sgt. Umenhofer had said that there was a cover-up

regarding the investigation into former Detective James' sexual misconduct. Chief Smith angrily

admonished Sgt. Umenhofer, stating that: "We got the Scott James issue rammed up our ass."

58. Chief Smith further admonished Sgt. Umenhofer by instructing him that: "Vy'e

need to not run our mouths."

I:I,{GLUND KELLEY I-LP

,TT:|ORNEYS AT LA\í

2OO SlI M,{RKET STREET, SUITE 1777

PORTL.A,ND, OR 97201

000002991 1FI073PL01

Page 12 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 12 of 30
59. A few days later, Capt. Harrison found Sgt. Umenhofer, sat down across from

him, looked him in the eye, and angrily stated: "Fucking Nazi!" Capt. Hanison then got up and

abruptly left.

60. On or about February 14,2010, former Detective James' mistress contacted Sgt.

Umenhofer with a concern that former Detective James was violating a no-contact order SPD

had issued. At that time, she admitted that on numerous occasions while former Detective James

had been on duty, they had engaged in sexual activity, and that he had started the offensive web

site described above.

61. Although she had never met Sgt. Umenhofer, the woman also stated that she felt

she could only trust Sgt. Umenhofer.

62. Sgt. Umenhofer reported this information to Chief Smith. Sgt. Umenhofer also

told him that former Detective James likely told her that Chief Smith, Capt. Hanison and Sgt.

Charboneau were all engaging in sexual activity while on duty, and that former Detective James

was trying to photograph Chief Smith with a City employee with whom Chief Smith was having

an affair. As to the affair, Chief Smith denied that he was having any affair.

63. A few days later, former Detective James resigned under threat of termination.

64. Around the same time, Sgt. Umenhofer learned that former Detective James said

that he could see how someone could get so mad they could kill somebody. Chief Smith also

advised Sgt. Umenhofer to "watch his back."

65. Also around the same time, Sgt. Rappe admonished Sgt. Umenhofer for taking

action on the complaint from former Det. James' mistress.

66. This admonishment concerned Sgt. Umenhofer because Sgt. Rappe had engaged

in similar misconduct, which reinforced the problem associated with a department plagued with

II,AGLUND KE]-ì,EY LLP

AT:|OIìNEYS A]'LÂVV

200 sw MARKìl't's]'ììll,E'r, surl'Il, 1777

POR-ILI\ND, Olì 97201

000002991 1H073PLO1

Page 13 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 13 of 30
compromised supervisors not willing to take appropriate corrective action. In that regard, Sgt.

Rappe had engaged in sexual liaisons with another off,rcer's wife on SPD's premises, one of

which included Sgt. Rappe having sex in the Municipal Judge's office. Sgt. Rappe ultimately

acknowledged his misconduct and apolo gized to the other offrcers for its impact on their morale.

67 . On or about February 1 8, 2010, Capt. Hanison wrote Sgt. Umenhofer an email

demanding to know why he left Capt. Harrison out of the complaint process involving former

Detective James and sought legal advice outside of the department. Sgt. Umenhofer responded

by stating that Capt. Harrison had a conflict of interest.

68. On or about February 19,2010, Capt. Hanison called Sgt. Umenhofer into his

offrce. Chief Smith was also present. Capt. Harrison demanded to know what the "conflict"

was, and Sgt. Umenhofer told him that it was Capt. Harrison's long-term, on-duty sexual conduct

with an employee in the City's human resources department. Sgt. Umenhofer also told Chief

Smith and Capt. Harrison that he was "fed up" with taking a stand on misconduct and then being

retaliated against for doing so.

69. A short time later, Officer Scott Akins, who was the Police Association's

president and friend of former Detective James, threatened to "go after" Sgt. Umenhofer.

Consistent with that threat, members of the E-Board attempted to advance a letter condemning

Sgt. Umenhofer's actions in taking the complaint of former Detective James' mistress.

70. At a meeting of the Police Association during which this letter was discussed,

several senior SPD officers expressed their disagreement with the letter. Capt, Harrison's ethical

issues and the inability of the department to "police itself ' were also discussed, citing as an

example the situation involving Capt. Harrison's twin brother, ex-officer Rod Harrison, who

HAGLUND KI,LLEY LLP

.A,T:TORNEYS AT LAW

2OO SW MARKET STREET, SUITE 1777

PORÏ,AND, OR 97201

000002991 1H073PL01

Page 14 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 14 of 30
failed to do any prison time despite having been found with thousands of pictures of naked

children on his police computer.

71. On or about March 12,2010, Capt. Hanison provided Sgt. Umenhofer with his

annual performance review. The review was two months late, contained no outstanding marks,

and cited as problematic Sgt. Umenhofer's actions in reporting offlrcer misconduct "outside the

chain of command."

72. Capt. Hanison then ordered a meeting with Sgt. Umenhofer, at which Sgt.

Umenhofer objected to Capt. Harrison's critical comments, noting among other problems that

applicable department policy prohibited Capt. Harrison from inserting comments in an

evaluation period concerning events that took place outside of the same period.

73. Capt. Hanison admitted to knowingly violating policy and reluctantly agreed to

remove the comments. Capt. Harrison then stated that he would instead write a disciplinary

letter citing the same criticisms.

74. Capt. Hanison also threatened to, and took action in furtherance of, removing Sgt.

Umenhofer's duty as supervisor of the bike team.

75. On or about March 30,2010, Capt. Hanison delivered a disciplinary letter to Sgt.

Umenhofer, Among other things, Capt. Harrison referenced the E-Board letter, which Sgt.

UmenhofeÍ never saw, and criticized Sgt. Umenhofer's effort in bringing forward ofhcer

misconduct issues.

76. On or about April 1, 2010, Sgt. Umenhofer met with Chief Smith and told him

that Capt. Harrison was retaliating against him and creating a hostile work environment, and that

Capt. Hanison's conduct was negatively impacting his health.

II,\GLUND KELLEY LLP

AT]'ORNEYS AT I-A!í

2OO SW IVIARKT,'Ì'S1'REEf', SUITE 1777

PORTI-AND, OR 97201

000002991 1I I073PLO1

Page 15 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 15 of 30
77 . On or about April 6, 2070, Chief Smith moved Sgt. Umenhofer out of Capt.

Harrison's direct line of authority and back into an administrative position.

78. Sgt. Umenhofer took two weeks off to improve his health conditions, and had less

contact with Capt. Harrison.

79. However, Capt. Harrison was not subjected to any disciplinary action for his

retaliatory mistreatment of Sgt. Umenhofer.

80. Shortly thereafter, the Internal Affairs Sergeant told Sgt. Umenhofer that a file

involving a relative of Capt. Harrison was missing from the Internal Investigations office.

81. In2}ll, Sgt. Umenhofer took a complaint from security officers at a community

event regarding the misconduct of Off,rcer Spencer. Officer Spencer had been representing the

SWAT team, and according to the security officers, had engaged in conduct that would have

gotten them fired if they had acted similarly. Sgt. Umenhofer transmitted the complaint and

later reviewed Officer Spencer's written response, which was inconsistent with the security

ofhcers' statement and appeared to be untruthful.

82. Sgt. Rappe was assigned to investigate the situation and ultimately concluded that

he could not prove that Officer Spencer had done anything wrong, because according to Sgt.

Rappe, it was Officer Spencer's word against the word of two security officers.

83. Sgt. Umenhofer told Capt. Lewis that he disagreed with Sgt. Rappe's conclusion

and that Officer Spencer should not represent SWAT at community events. Notwithstanding,

Officer Spencer continued to do so.

84, In or around January 2012, Mr. Grimaldi received an anonymous letter asserting

several misconduct violations against Chief Smith, Capt. Harrison, and Sgt, Dave Lewis. Mr.

IIÂGLUND KELLEY LLP

,A.ÏTORNEYS .A.1'LÂ\í

2OO SW MARKET STR]JET, SUITE 1777

PORTLAND, OR 97201

000002991 1H073PL01

Page 16 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 16 of 30
Grimaldi forwarded the complaint to Chief Smith for follow up, which resulted in Chief Smith

clearing himself and the others of misconduct.

85. In20I2, Sgt. Umenhofer received numerous complaints from officers and other

supervisors that Officer Spencer was mentally unstable and should not be on the SV/AT team.

Sgt. Umenhofer forwarded those complaints - one of which included a detective telling Sgt.

Umenhofer that everybody knew that Officer Spencer had "murdered a kid and gotten away with

it" - to SWAT Sgt. Dave Lewis and his brother SWAT Captain Richard Lewis.

Notwithstanding, nothing was done.

86. In20I3, Sgt. Umenhofer was informed that a pre-employment report concerning

Officer Spencer had been removed from an internal investigation file and was missing.

87. In or around February 2013, Capt. Harrison informed Sgt. Umenhofer that he was

returning to patrol, and that Sgt. Charboneau was taking Sgt. Umenhofer's administrative

position. Capt. Hanison then assigned Sgt. Umenhofer to day shifts, which was against his

stated preference of night shifts. That assignment put Sgt. Umenhofer back under Capt.

Harrison's direct control,

88. On or about March 5,2073, City Manager Gino Grimaldi announced Chief

Smith's pending retirement, and stated that it was occurring so that Chief Smith could spend

more time with his family.

89. Around the same time, several ofhcers expressed to Sgt. Umenhofer their concern

that Capt. Harrison would become the next Chief of Police, Also, Greta Utecht, the City's

Director of Human Resources, had stated her belief that Capt. Harrison would make a good

Chief.

HAGI-UND K-EI-LEY ]-LP

ATTORNEYS ÂT LAI?

2OO SW MARK]],T STREET, SUITE 1777

POILTLAND, OR 97201

000002991 11 I073PLO1

Page 17 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 17 of 30
90. Sgt. Umenhofer told Capt. Lewis about the offrcers' and his concerns. In

response, Capt. Lewis seemed disinterested and merely stated that anything could happen.

91. Capt. Lewis's apathetic comment concerned Sgt. Umenhofer because Captain

Lewis had vocally opposed Sgt. Umenhofer's reports of sexual misconduct and other ethical

violations in the past. Capt. Lewis had also engaged in apparently retaliatory conduct against

Sgt. Umenhofer by excluding Sgt. Umenhofer from SV/AT training and, on two occasions, had

unreasonably refused to call out the SWAT team as back-up for Sgt. Umenhofer.

92. As to the back-up situation, in responding to two separate calls of mentally

unstable suspects armed with high-powered, military style assault rifles, Sgt. Umenhofer

requested the SV/AT team's assistance. Capt. Lewis had directed Sgt. Umenhofer to just respond

to the calls, and that if the situation "escalated," then he would call out the SV/AT team. In Sgt.

Umenhofer's experience, Capt, Lewis's response was uffeasonable and threatening because if the

situation "escalated" it likely meant that the suspect had already taken shots at responding

officers and, given the nature of the weapons involved, the standard bullet-proof vests issued by

SPD would not protect him or other responding officers.

93. On or about March 18, 2013, Sgt. Umenhofer requested a meeting with Mr.

Grimaldi, which occurred a few days later. At that meeting, Sgt. Umenhofer informed Mr.

Grimaldi about the cover-up culture in the Police Department, that he had written documentation

supporting that problem and that he would provide the information to him after Chief Smith left

the Department in May. Sgt. Umenhofer also told Mr. Grimaldi that Capt. Harrison had

retaliated against Sgt. Umenhofer, and that Chief Smith had removed Capt. Harrison as his direct

supervisor. Sgt. Umenhofer also told Mr. Grimaldi that Capt. Harrison had recently arranged

assignments such that he would again be Sgt, Umenhofer's direct supervisor.

HAGLUND KELLEYLLP

ATTORNEYS AT LAW

2OO SW M¡.RKET STREET, SUITE 1777

PORTLAND, OR 97201

000002991 1H073PL01

Page 18 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 18 of 30
94. On or about April 8, 2013, Capt. Lewis informed Department managers that

former Detective James had taken and released to Mr. Grimaldi and others a video showing

Chief Smith kissing a subordinate City employee. At that meeting, Sgt, Dave Lewis stated his

view that the female employee shown kissing Chief Smith should be fired. Capt. Lewis also

stated that effective immediately, Chief Smith was no longer an employee and not allowed in the

building.

95. On or about April 9, 2013, Sgt. Umenhofer contacted Mr. Grimaldi and gave him

a notebook full of documentation that contained a detailed description of all of the misconduct

that Sgt. Umenhofer had raised over the years, including the names of additional witnesses and

supporting documentation. The notebook showed that Chief Smith, Capt. Harrison and Capt.

Richard Lewis had established an unwritten policy, custom, and practice of cover-ups within the

Police Department.

96. At that meeting, Sgt. Umenhofer told Mr. Grimaldi that he feared for his safety

and the safety of other officers he identified in his notebook who had reported misconduct. Sgt.

Umenhofer cautioned Mr. Grimaldi to handle the situation discreetly and to keep his and the

other officers' identity conhdential.

97. The City then assigned Captain Richard Lewis to serve as the acting-Chief of

Police until SPD could find a permanent replacement for Chief Smith.

98. On or about April 17, 2073, Sgt. Umenhofer advised Mr. Grimaldi that he was

concerned for his safety.

99. A short time later, Mr. Grimaldi told Sgt. Umenhofer that he had provided a copy

of the binder containing his reports of officer misconduct and ethical violations and supporting

materials directly to acting-Chief Lewis and Capt. Harrison without Sgt. Umenhofer's consent.

I-IAGLUND KELLEY LLP

AfT'ORNEYS AT LAW

2OO S\í MARKI,T S]'RI,E'T, SUITE 1777

PORTL¡,ND, OR 97201

000002991 1H073PL01

Page 19 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 19 of 30
100. In or around May 2013, Capt, Harrison, Sgt. Charboneau and Captain Lewis

stopped speaking to Sgt. Umenhofer and otherwise directed anger at him.

101. Capt. Hanison was "livid" with Sgt. Umenhofer for initiating these investigations.

I02. Around the same time, Capt. Lewis scrutinized Sgt. Umenhofer's use of overtime

during a bike patrol for the Eugene Marathon, a practice that Sgt. Umenhofer had never before

been questioned about.

103. In or around May 2013, Sgt. Umenhofer had several meetings with Mr. Grimaldi

and Greta Utecht, as well as the hired investigator, Gail Fiseher, about the issues contained in his

report. Based on these meetings, and the reactions of Mr. Grimaldi and Ms. Utecht, which

included Mr. Grimaldi repeatedly disclaiming any concerns that there ever was a conflict arising

from the intimate relationship between Capt. Hanison and a human resources staff member who

worked on SPD issues, Sgt. Umenhofer understood that they did not intend to take any

meaningful action in response to his reports. On or about May 29,2013, Sgt, Charboneau told

others that Sgt. Umenhofer had reported that Capt. Harrison, Capt. Lewis and Sgt. Charboneau

were corrupt.

I04. On or about l|l4ay 29,2013, Sgt. Umenhofer reported all of the issues, including

Mr. Grimaldi's failure to take his reports seriously or respond to them appropriately, to the

Mayor of Springf,reld, Sgt. Umenhofer hoped that the Mayor would finally do something to

correct the misconduct and ethical violations that were plaguing the Department. However, the

Mayor simply referred the matter back to Mr. Grimaldi.

t 05 . On or about May 3 7 , 2013, Mr. Grimaldi told Sgt. Umenhofer that there needed to

be a "change of cultute" at the Police Department. Yet, Mr. Grimaldi refused to effectuate any

meaningful change.

I.IAGLUND KELLEY LLP

ÄTÌ'ORNEYS,TT I-AW

2OO SII M,TRKET STRTE'T, SUITE 1777

PORTLAND, OR 97201

000002991 1H073PLO1

Page2}- COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 20 of 30
106. On or about June 9, 2013, the affair between Chief Smith and his subordinate

become public knowledge as a result of being the subject of widespread news coverage.

Contrary to his previous apathetic response to the sexual relationships that Sgt. Umenhofer had

reported, Mr. Grimaldi changed his position by describing Chief Smith's relationship to the

general public as "inappropriate" because Chief Smith had "power over the employee" with

whom he was having the affair and that it was therefore "untenable."

I07. Sgt. Umenhofer was continuing to have serious concerns for his safety given the

level of hostility that he was suffering and the fact that the individuals responsible for that

retaliation could be responsible for providing back-up to him in an emergency response situation,

108. The combination of the stress from the ongoing retaliation, fears about his

personal safety, and the potential for additional acts of retaliation caused Sgt, Umenhofer to

suffer from continued and highly elevated blood pressure, which was only managed with

medication, acute anxiety, difhculty sleeping, invasive and intrusive thoughts and other

symptoms consistent with Post Traumatic Stress Disorder ("PTSD").

109. As a result of these symptoms, on or about June 13, 2013, Sgt. Umenhofer's

physician placed him on a medical leave. Sgt. Umenhofer remained on leave due to these

symptoms until his termination from the SPD.

l l 0, On or about June 1 5 , 2013 , Mr. Grimaldi told the media that the investigation was

over and that aside from two verbal reprimands of Capt. Harrison, nothing else would be done.

He also claimed that he did not know who f,rlmed Chief Smith or why, despite having been

provided this information by Sgt. Umenhofer.

I I l. In or around July 2013, acting-Chief Lewis makes Capt. Hanison the acting chief

during his absence.

IJ,{GLUND KELLEYLLP

À]*IORNEYS -A,T LAIí

2OO SW M,\RI3T STREEf" SUITE 1777

POR'TLAND, OR 97201

000002991 1H073PL01

Page 27 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 21 of 30
112. In or around July 2073, an ofhcer drew and circulated a cartoon picture of Sgt.

Umenhofer putting knives in the back of several other employees.

113. In or around August 2013, the City initiated an investigation into the retaliation

that Sgt. Umenhofer experienced after Mr. Grimaldi forwarded Sgt. Umenhofer's written report

to Capt. Harrison and Capt. Lewis.

1I4. That investigation acknowledged that Sgt. Umenhofer's April 10, 2013 report

constituted a protected report and that the matters contained in his reports "could be construed as

corruption." However, the report ultimately failed to reach any definitive conclusions about Sgt.

Umenhofer's retaliation concerns because it was incomplete - Sgt. Umenhofer was not

interviewed, Mr. Grimaldi was not interviewed, and Sgt. Umenhofer's report on May 29,2013,

to the Mayor of Springfield, was not considered.

115. On or about October 1,2013, an ex-Eugene Police Department Captain Steve

Swenson went to Sgt. Umenhofer's home and spent approximately one hour attempting to

persuade Sgt. Umenhofer to "drop" his case against the City. Former Capt, Swenson wamed

Sgt. Umenhofer, advising him to "to walk away" from the case and threatening that if Sgt.

Umenhofer went forward, the City would make his "reputation toxic" and harm is future career.

Former Capt. Swenson also warned that: "They will shoot holes in your back and make you

walk the plank." In response to Sgt, Umenhofer's concern about the consequences to the good

off,rcers at SPD if the supervisors' misconduct issues were "droppod," Former Capt. Swenson

said: "Don't worry about them, they can take care of themselves." Former Captain Swenson

was friends with Capt. Harrison and Mr. Grimaldi.

116. In or around October 2013, Ofhcer Spencer was removed from the SV/AT team.

lI7. In or around late November 2013, Chief Doney became the new Chief of Police.

lI,{GLUND KIILLEY LLP

AT:|OIì,NEYS AT LAW

2OO SW MÂRKET STIìEET, SUIT'E 1777

PORILAND, OR 97201

000002991 1 I-I073PI.01

Page 22 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 22 of 30
1 18, On or about November 30,2013, Sgt. Umenhofer drove to Medford, Oregon to

deliver his notebook and a cover letter to new Chief Doney, stating among other things that:

What was less known by the community atlarge was an atmosphere of

intimidation and silence that [former Chief] Jeny Smith fostered and allowed to

operate. This ultimately led to a system of chronic favoritism and nepotism that

has existed for far too many years. This system continues to exist and revolves

around those who have similar lifestyles and romantic practices as the former

chief, as well as those who don't rock the boat and support the code of silence.

This "good ol' boy" system carried with it the tacit, if not expressed, approval of

senior management of what was altogether clearly unprofessional and

inappropriate behavior.

In my opinion those presently in the department's senior ranks that are

perpetrators to the status quo cannot be rehabilitated.

I would be pleased and willing to meet with you in person to provide you with

any additional information you may desire to help you in fixing the situation . . . It

cannot repair itself - it needs to be fixed.

119. In or around January 2074, Sgt. Umenhofer met with Chief Doney. At the

meeting, Chief Doney did not refer to or mention in any way Sgt. Umenhofer's November 30,

2013 letter and his notebook. Instead, Chief Doney told Sgt. Umenhofer that retirement could be

a "good thing" for him.

120. Chief Doney and Captain Lewis had been friends since 2008. Before applying for

the open SPD position, Chief Doney spoke with Captain Lewis to learn more about the

Department.

121. Chief Doney maintained the status of the administrative team, with Sgt. Dave

Lewis and his brother Capt. Richard Lewis remaining on the SV/AT team and maintaining their

supervisory roles, and Capt. Harrison and Sgt. Charboneau maintaining their supervisory

positions. Among other problems, this status-quo effort violated the City's recently adopted

anti-nepotism policy.

Page 23 - COMPLAINT HAGLUND KELLEY LLP

AT:|ORNEYS ,A1'LAW

2OO SW MÀRKET STREET, SUITE 1777

PORTLAND, OR 97201

000002991 1FI073PL01

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 23 of 30
122. On or about April 4, 2014, Sgt. Umenhofer requested that the SPD provide him

with an accommodation of the psychological condition caused by the stress surrounding his

reports of misconduct, the City's inaction in the face of those reports, and the retaliation that he

suffered and reasonably feared he would suffer as a result. Sgt. Umenhofer's proposed

accommodations included assigning him outside of Capt. Harrison's and other retaliatory

supervisors' chain of command or reassigning him to work with a community partner law

enforcement agency until Capt. Harrison left the force. Sgt. Umenhofer also told the City that he

would be willing to consider other reasonable accommodations that would protect his safety and

psychological health.

123. The City failed to meaningfully engage in the interactive process with Sgt.

Umenhofer or to make any genuine effons to accommodate his work-induced disability. In that

regard, the City merely and unilaterally claimed that all of the proposals offered by Sgt.

Umenhofer would be "unreasonable" and failed to suggest any alternatives - even though other

suitable, alternative long-term positions were available or about to become available in the near

future, or that Sgt. Umenhofer could have been placed temporarily in other suitable positions

pending Capt. Hanison's retirement in less than one month. Instead, the City proposed that Sgt.

Umenhofer accept reassignment as a janitor or a librarian. The City proposed these alternative

positions as "accommodations" intending that Sgt. Umenhofer would not accept them.

124. At that time, three possible alternative positions were available or soon to become

so, all of which were commensurate with Sgt. Umenhofer's skills and abilities, as follows: (1)

the Director of the Springfield municipal jail; (2) an Investigator's position within the District

Attorney's office; or, (3) a position with the Interagency Drug Team located within the Drug

Enforcement Agency.

FIr\GLUND KELLEY I-l,P

A]'I'ORNEYS A"I LAW

2OO SII M.ARKI]]'STREET, SUIT]], 1777

PORTLAND, OIì 97201

000002991 1Fr073PLO1

Page24- COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 24 of 30
125. On June 9,2074, the City terminated Sgt. Umenhofer's employment.

126. In2014, Chief Doney promoted Detective Jeff Martin into Sgt. Umenhofer's

previous supervising position.

127. Previously, Detective Martin had engaged in multiple acts of racially

discriminatory conduct, such as calling or making statements implying that persons of Mexican

heritage are consistently untruthful and referring to persons of Mexican heritage as "beaners."

Detective Martin received a cifizen complaint regarding his discriminatory language, which was

known by Sgt. Charboneau and Capt. Harrison. However, neither Sgt. Charboneau nor Capt.

Harrison took any apparent disciplinary action against Detective Martin, and instead accepted

Detective Martin's response that he could say whatever he wanted as it was his right to free

speech.

128. As a result of the defendants'retaliation, Sgt. Umenhofer has suffered significant

economic and noneconomic damages in an amount to be specifically proven attrial.

I29. Sgt. Umenhofer has attempted to mitigate his damages.

CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF

(Violation of 42 U.S. C. S 1983 - Free Speech)

(Against Gino Grimaldi in his Individual Capacity)

130. Plaintiff John Umenhofer realleges the allegations set forth above, and in

addition alleges the following,

131. As set forth above, Defendant Gino Grimaldi was acting under color of State law

as the City Manager for the City of Springfield.

132. As set forth above, Sgt. Umenhofer engaged in free speech activities that are

protected by the First and Fourteenth Amendments to the United States Constitution. Sgt.

I.IÂGLUND KT,LLEY LLP

AT:TORNEYS ÂT L¡.'ií

2OO SW MARKET STREET, SUITE 1777

PORTLAND, OR 97201

000002991 1I-r073PL01

Page 25 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 25 of 30
Umenhofer's free speech activities were made in his capacity as a private citizen and were on a

matter of public concern.

133. As set forth above, Mr. Grimaldi retaliated against Sgt. Umenhofer because of his

protected speech activities by providing his reports of ethical violations directly to the subjects,

by failing to take steps to ensure that Sgt. Umenhofer could return safely to his position, by

refusing to meaningfully engage Sgt. Umenhofer in the interactive process, and by terminating

his employment. Mr. Grimaldi acted either intentionally or with deliberate indifference to Sgt.

Umenhofer's federally protected rights, and his retaliatory acts violated Sgt. Umenhofer's clearly

established constitutional rights of which a reasonable person would have known.

134. As a result of this retaliation, Sgt. Umenhofer has suffered significant damages in

an amount to be specifically proven at trial as set forth above.

135. Sgt. Umenhofer is entitled to his reasonable attorney fees.

SECOND CLAIM FOR RELIEF

(Violation of 42 U.S. C. $ 1983 - Free Speech)

(Against Gino Grimaldi and Timothy Doney in their Offïcial Capacities)

136. Plaintiff John Umenhofer realleges the allegations set forth above and

incorporates them by reference, and in addition alleges the following.

137. As set forth above, Defendants Gino Grimaldi and Timothy Doney were acting

under color of State law as the City Manager and the Chief of Police respectively.

138. As set forth above, Sgt. Umenhofer engaged in free speech activities that are

protected by the First and Fourteenth Amendments to the United States Constitution. Sgt.

Umenhofer's free speech activities were made in his capacity as a private citizen and were on a

matter of public concern.

]IAGI-UND KEI-I-EY LLP

Â'l"l'OIìNlrYS A'I' L^W

2OO SDV MAzu<E'f STRI],ET" SUI'I'E 1777

PORTI-AND, OR 97201

000002991 1H073PL01

Page 26 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 26 of 30
139. As set forth above, Mr. Grimaldi and Chief Doney retaliated against Sgt.

Umenhofer because of his protected speech activities by terminating his employment.

Defendants acted either intentionally or with deliberate indifference to Sgt. Umenhofer's

federally protected rights.

140. Mr. Grimaldi and Chief Doney were the final decisionmakers pertaining to Sgt.

Umenhofer's termination and, as such, their decision constituted a policy decision of the City.

Additionally, the termination decision was taken according to an unwritten policy, custom, and

practice within the Springfield Police Department of covering up official misconduct and ethical

violations within the Department.

l41r As a result of this retaliation, Sgt. Umenhofer has suffered significant damages

and is entitled to be reinstated to his position.

142. Sgt. Umenhofer is entitled to his reasonable attorney fees.

THIRD CLAIM FOR RELIEF

(Violation of ORS 6594.200, ef seq.)

(Against City of Springfield)

143. Plaintiff John Umenhofer realleges all of facts set forth above and incorporates

them by reference, and in addition alleges the following.

I44. As set forth above, Sgt. Umenhofer engaged in protected activity by reporting to

the Chief of Police, the City Manager, and the Mayor of Springfield evidence that he reasonably

believed in good faith constituted a violation of state rules or regulations governing the conduct

of police officers, mismanagement, abuse of authority, and a substantial and specific danger to

public safety caused by SPD's actions.

145. As set forth above, Defendant City of Springheld retaliated against Sgt.

Umenhofer on account of that protected activity.

H,A.GLUND KELLEY LLP

AT:|ORNEYS ÂT LAIí

2OO SW MARKET STREET, SUiTE 1777

PORTLAND, OR 97201

000002991 1H073PL01

Page 27 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 27 of 30
146. Sgt. Umenhofer was damaged by Defendants' retaliation in an amount to be

specifically proven at trial.

147. Sgt. Umenhofer is entitled to his attorney fees under ORS 6594,885

FOURTH CLAIM FOR RELIEF

(Violation of ORS 6594.218)

(Against City of Springfïeld)

148, Plaintiff John Umenhofer realleges all of facts set forth above and incorporates

them by reference, and in addition alleges the following.

149. As set forth above, Sgt. Umenhofer engaged in protected activity under ORS

6seA.203(1Xb).

150. As set forth above, Defendant City of Springf,reld, through Gino Grimaldi and/or

Greta Utecht, disclosed his identity to the subjects of his reports without his consent.

151. Sgt. Umenhofer was damaged by Defendants' disclosure in an amount to be

specifically proven at trial.

152. Sgt, Umenhofer is entitled to his attorney fees under ORS 6594.885.

FIFTH CLAIM FOR RELIEF

(Violation of ORS 6594.103)

(Against City of Springfield)

153. Plaintiff John Umenhofer realleges all of facts set forth above and incorporates

them by reference, and in addition alleges the following as an alternative claim for relief.

154. Sgt. Umenhofer has a psychological condition that substantially limits one or

more of his major life activities.

155. Plaintiff John Umenhofer is a qualified individual who satisfies the requisite skill,

experience, education and other job-related requirements of the employment position he was

I'IAGLUND KELLEY LLP

A]'TORN I],YS AT L.A.!í

2OO SW MAR]<]]'I'S'I'REET, SUITE 1777

POR]'LAND, OR 9720i

000002991 1H073PLO1

Page 28 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 28 of 30
terminated from and can perform the essential functions of such position with or without

reasonable accommodations,

156. Defendant City of Springfield unlawfully discriminated against Sgt. Umenhofer

on the basis of disability in regard to discharge and other terms, conditions, and privileges of

employment as follows:

a. Not making reasonable accommodations to his known mental limitations that

would have enabled him to perform the essential functions of his position; Failing

to engage in the interactive process;

b. Failing to offer him reasonable, alternative positions; and,

c. Unlawfully terminating his employment on the basis of disability.

157. Sgt. Umenhofer's disability was the motivating factor of defendant's decision to

terminate his employment.

158. Defendant's unlawful acts have caused plaintiff economic damages in the form of

lost income, benefits, and/or consequential damages.

159. Defendant's unlawful acts have caused plaintiff signihcant noneconomic damages

in the form of severe emotional distress and mental suffering.

160. According to ORS 6594.885, Sgt. Umenhofer is entitled to his attorney fees

under ORS 6594.885.

PRAYER FOR RELIEF

'Wherefore, Plaintiff prays for the following reliet

Judgment in his favor for monetary damages in an amount to be determined at the

time of trial but currently estimated not to exceed $1,850,000;

2. Punitive damages in an amount to be determined at the time of trial;

HAGLUND KELLEYLLP

¡..MORNEYS.A,T L,\W

2OO SlI MÀRKET STREET, SUITE 1777

PORTL,AND, OR 97201

000002991 1H073PLO1

Page 29 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 29 of 30
a

J An injunction ordering Defendant to reinstate Plaintiff to his former position or an

alternative equivalent po sition;

Plaintiffs'reasonable attorney fees in pursuing this action;

Plaintifß' costs and disbursements; and

Any other relief the Court deems is just and equitable under the circumstances.

HAGLLIND KELLEY LLP

4

5

6

DATED this 6th day of October,2014

: /s/ Christopher Lundbers

Christopher Lundberg, OSB No. 941084

Email : clundberg@hk-law.com

Matthew E. Malmsheimer, OSB No. 033847

Email: mmalmsheimer@hk-law.corn

Attorneys for Plaintiff

HAGLUND KEI,I,EY IIP

A'ruORNEYS,{T LAW

2OO SW MARI<]]T STREET, SUITE 1777

PORTI-AND, OR 97201

000002991 1IJO73PLO1

By

Page 30 - COMPLAINT

Case 6:14-cv-01575-TC Document 1 Filed 10/06/14 Page 30 of 30