KIRKLIN THOMPSON &POPE LLP 

1000 SW Broadway, Suite 1616, Portland, OR 97205-3035 

(TEL) 503-222-1640 (FAX) 503-227-5251 www.ktp-law.com 

Kristen Chambers OSB 130882 

Kirklin Thompson & Pope LLP 

1000 SW Broadway, Suite 1616 

Portland, OR 97205-3035 

(503) 222-1640 

kristen@ktp-law.com

 Attorneys for Plaintiffs Loren and Valerie Kruesi 

 UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

Loren and Valerie Kruesi, 

individuals, 

Plaintiffs, 

v. 

Linn County, 

a municipal corporation; and 

Bruce Davis; David Snippen; and Rick 

Campbell, 

individuals in their individual capacities, 

Defendants. 

Case No. 6:14-cv-01465-TC 

Plaintiffs’ Third Amended Complaint

 

Fourth Amendment Violations, 

Fourteenth Amendment Violations, 

Monell Violations. 

 

DEMAND FOR JURY TRIAL 

Parties 

1. 

At all material times, Plaintiffs Mr. and Mrs. Kruesi were residents of Jefferson, 

Oregon and patients protected by the Oregon Medical Marijuana Act (OMMA). 

2. 

Defendant Linn County is a municipal corporation, organized under the laws of the 

State of Oregon, with the capacity to be sued. Linn County Sheriff’s Office (LCSO) is a 

department or division of the County. The County is responsible under state law for the 

torts of its employees acting within the course and scope of their employment. 

3. 

 At all material times, Defendants Deputy Bruce Davis, Detective David Snippen, 
Plaintiffs’ Third Amended Complaint

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and Detective Rick Campbell were working under color of law for Linn County as 

members of LCSO. They are sued in their individual capacities.

Jurisdiction and Venue 

4. 

 This Court has jurisdiction over Plaintiffs’ claims of violations of federal 

constitutional rights under 28 USC §§ 1331 and 1343. 

5. 

 Venue is proper in the District of Oregon under 28 USC § 1391(b) in that one or 

more Defendants reside in this district and all of the events giving rise to this claim 

occurred in this district. 

Statement of Facts 

6. 

Mr. Kruesi owns property in Jefferson, Oregon containing three residences, in one 

of which Mr. and Mrs. Kruesi reside. The property contains two farms legally growing 

medical marijuana for multiple patients under the Oregon Medical Marijuana Program 

(OMMP), one of which is administered by Mr. Kruesi. 

7. 

On August 30, 2012, Defendants overflew Mr. Kruesi’s property and photographed 

87 marijuana plants growing thereon. 

8. 

On September 6, 2012, Defendant Davis asked OMMP for the number of patients 

for whom Mr. Kruesi’s property, and other properties in the County, were authorized to 

grow marijuana plants. An OMMP employee responded that according to OMMP’s 

database, Mr. Kruesi’s property was authorized to grow for 11 patients, allowing for 66 

mature plants, but their data entry was approximately 5 weeks behind. 

9. 

Patients with pending applications are protected by the OMMA. Mr. Kruesi’s 

property included plants for 4 such patients on the date of Defendant Davis’ inquiry. It was 

a legal site for 15 patients (11 accepted and 4 pending), allowing for 90 mature plants. 
Plaintiffs’ Third Amended Complaint

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KIRKLIN THOMPSON &POPE LLP 

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10. 

Notwithstanding his knowledge that OMMP’s database was weeks behind, 

Defendant Davis made no attempt to ascertain whether any of the additional plants were 

authorized under state law. Instead, he executed an affidavit using the outdated and 

incomplete information from OMMP’s database along with boilerplate information 

omitting the legal protections afforded pending applicants, and obtained a search 

warrant listing only one of the three residences on Mr. Kruesi’s property. 

11. 

On September 12, 2012 around 12:00pm, LCSO employees including Defendants 

Davis, Snippen, and Campbell, executed the search warrant, but refused to permit Mr. 

Kruesi to examine it when he asked to do so. 

12. 

 The officers learned upon entering the property that there was more than one 

residence on the property. 

13. 

Within minutes of their arrival, Mr. Kruesi provided Defendants with the OMMP 

paperwork authorizing 90 mature plants. At 12:20pm, Defendant Davis called OMMP and 

confirmed that information was accurate. 

14. 

 Notwithstanding their knowledge that the warrant was invalid, Defendants 

conducted a search of Mr. Kruesi’s property for up to nine hours. 

15. 

The officers seized 13 medical marijuana plants under Mr. Kruesi’s care. They 

destroyed 9 of the plants almost immediately and dried and harvested the other 4 plants. 

Defendants failed to properly store or preserve the marijuana cut from the plants, 

eliminating the possibility of its return to Mr. Kruesi in a usable condition. 

16. 

Charges were brought against Mr. Kruesi, but, on July 9, 2014, at the State’s 

request, all charges against Mr. Kruesi were dismissed. 
Plaintiffs’ Third Amended Complaint

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First Claim for Relief: 

42 USC § 1983 Fourth Amendment Unreasonable Search And Seizure Claim 

Based on Material Omission from Warrant Affidavit 

By Plaintiffs Loren and Valerie Kruesi against Defendant Davis 

17. 

All preceding paragraphs are incorporated by reference herein. 

18. 

Acting under color of law, Defendant Davis recklessly or knowingly excluded 

material information from the search warrant affidavit regarding Mr. Kruesi’s property 

including his knowledge of the effect of pending applications on the legality of marijuana 

possession and whether OMMP had pending applications for the plants being grown on 

Mr. Kruesi’s property. If Defendant Davis had included these omissions, the affidavit 

would not have established the probable cause necessary to obtain a warrant to search the 

Kruesis’ home. 

19. 

 As a result of these omissions, Mr. and Mrs. Kruesi suffered noneconomic damages. 

Second Claim for Relief: 

42 USC § 1983 Monell Unreasonable Search And Seizure Claim 

Based on a Policy, Custom, or Practice that Violates the Fourth Amendment 

By Plaintiffs Loren and Valerie Kruesi against Defendant Linn County 

20. 

All preceding paragraphs are incorporated by reference herein. 

21. 

Mr. and Mrs. Kruesis’ Fourth Amendment rights were violated when Defendant 

Davis recklessly or knowingly excluded material information from the search warrant 

affidavit about his knowledge of the effect of pending OMMP applications. 

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Plaintiffs’ Third Amended Complaint

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22. 

Plaintiffs are informed and believe that LCSO has a policy, custom, or practice of 

deliberately or recklessly omitting material information about its knowledge of the effect 

of pending OMMP applications on the legality of marijuana when seeking warrants. 

23. 

To remedy this violation, the Kruesis seek noneconomic damages as well as 

equitable relief. 

Third Claim for Relief: 

42 USC § 1983 Fourth Amendment Unreasonable Search And Seizure Claim 

Based on Warrant Lacking Particularity 

By Plaintiffs Loren and Valerie Kruesi against Defendants Davis, Snippen, and Campbell 

24. 

All preceding paragraphs are incorporated by reference herein. 

25. 

 Acting under color of law, Defendants conducted a search and seizure of the 

Kruesis’ property even though they knew or should have known that the warrant lacked 

particularity because there were multiple residences and growers on the property. The 

warrant only described one residence and did not indicate who lived there or whether 

they were a grower. 

26. 

 As a result of this invalid warrant, Mr. and Mrs. Kruesi suffered noneconomic 

damages. 

Fourth Claim for Relief: 

42 USC § 1983 Fourteenth Amendment 

Based on Seizure of Property without Procedural Due Process 

By Plaintiff Loren Kruesi against Defendants Davis, Snippen, and Campbell 

27. 

All preceding paragraphs are incorporated by reference herein. 

/// 

/// 
Plaintiffs’ Third Amended Complaint

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28. 

Mr. Kruesi’s Fourteenth Amendment rights were violated when LSCO officers, 

under color of law destroyed Mr. Kruesi’s 13 marijuana plants without an adequate postdeprivation remedy. 

29. 

 The destruction of Mr. Kruesi’s plants and inadequate storage of the dried 

marijuana cut from them deprived Mr. Kruesi of a meaningful post-deprivation remedy 

and failed to adequately protect Mr. Kruesi’s interest in the plants. 

30. 

 As a result of the destruction of his plants, Mr. Kruesi suffered economic and 

noneconomic damages. 

Fifth Claim for Relief: 

42 USC § 1983 Monell Fourteenth Amendment Claim 

Based on an Unconstitutional Policy, Custom, or Practice 

By Plaintiff Loren Kruesi against Defendant Linn County 

31. 

All preceding paragraphs are incorporated by reference herein. 

32. 

Mr. Kruesi’s Fourteenth Amendment rights were violated when LSCO officers, 

under color of law destroyed Mr. Kruesi’s 13 marijuana plants without an adequate postdeprivation remedy. 

33. 

Plaintiffs are informed and believe that LCSO has a policy, custom, or practice of 

inadequately storing or disposing of medical marijuana that an individual may still retain a 

lawful interest in. 

34. 

As a result of this violation, Mr. Kruesi seeks economic and noneconomic damages 

as well as equitable relief. 

///
Plaintiffs’ Third Amended Complaint

Page 7 

KIRKLIN THOMPSON &POPE LLP 

1000 SW Broadway, Suite 1616, Portland, OR 97205-3035 

(TEL) 503-222-1640 (FAX) 503-227-5251 www.ktp-law.com 

Sixth Claim for Relief: 

42 USC § 1983 Fourth Amendment Unreasonable Search And Seizure Claim 

Based on Illegal Warrantless Search 

By Plaintiffs Loren and Valerie Kruesi against Defendants Davis, Snippen, and Campbell 

35. 

All preceding paragraphs are incorporated by reference herein. 

36. 

Defendants conducted an illegal search when they flew their helicopter at a low 

altitude over Plaintiffs’ property on August 30, 2012 to observe and photograph marijuana 

plants, scaring Plaintiffs and their horse, flattening the grass on Plaintiffs’ property, and 

generally invading the reasonably expected privacy in the airspace directly above 

Plaintiffs’ property. 

37. 

As a result of this invasion, Mr. and Mrs. Kruesi suffered noneconomic damages. 

Damages 

38. 

Mr. and Mrs. Kruesi suffered emotional distress, shock, humiliation, and stress. 

39. 

Mr. Kruesi is entitled to reimbursement for expenses incurred in production of the 

marijuana plants seized. 

Attorney Fees and Costs 

40. 

Plaintiffs are entitled to attorney fees and costs pursuant to 42 USC § 1988.

Jury Demand 

41. 

Plaintiffs demand a jury trial. 

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Plaintiffs’ Third Amended Complaint

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KIRKLIN THOMPSON &POPE LLP 

1000 SW Broadway, Suite 1616, Portland, OR 97205-3035 

(TEL) 503-222-1640 (FAX) 503-227-5251 www.ktp-law.com 

Prayer for Relief 

WHEREFORE Plaintiffs pray for judgment as follows: 

1. Against all Defendants, noneconomic damages in the amount of $80,000 for 

emotional distress; 

2. Against all Defendants, economic damages in the amount of $39,000 for the 

reasonable costs of supplies and utilities associated with the production of the 

marijuana plants that were seized and destroyed, and/or the value of these 

plants; 

3. Against Linn County, permanently enjoining law enforcement from using 

information obtained from OMMP to procure and execute warrants unless the 

program verifies the particular information law enforcement seeks is up to date 

and includes accurate data on pending applications on both the date the warrant 

is sought and the date it is executed; 

4. Against Linn County, permanently enjoining law enforcement from seizing 

medical marijuana plants unless the plants or the marijuana harvested from 

them can and will be preserved until the charges are dropped or brought to 

conviction or acquittal and the owner’s post-deprivation rights to the marijuana 

can be determined during a hearing; 

5. Against all Defendants, Plaintiffs’ costs, disbursements, attorney fees, and such 

other and further relief as the Court deems just and equitable. 

Dated: January 6, 2015 

 Respectfully submitted, 

KIRKLIN THOMPSON &POPELLP

 

_____________________________________ 

Kristen Chambers OSB 130882 

Attorneys for Plaintiffs 

Loren and Valerie Kruesi
Certificate of Service

 

KIRKLIN THOMPSON &POPE LLP 

1000 SW Broadway, Suite 1616, Portland, OR 97205-3035 

(TEL) 503-222-1640 (FAX) 503-227-5251 www.ktp-law.com 

Certificate of Service 

 I certify that on January 6, 2015, I caused to be served a copy of the foregoing 

Plaintiffs’ Third Amended Complaint by CM/ECF and mail on the following person: 

Gerald L. Warren 

Law Office of Gerald Warren 

901 Capitol St. NE 

Salem, OR 97301 

gwarren@geraldwarrenlaw.com 

 Attorneys for Defendants 

Linn County, Bruce Davis, 

David Snippen, and Rick 

Campbell 

 

 ______________________________________________ 

 Kristen Chambers