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’ Fourth 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, 

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KIRKLIN THOMPSON &POPE LLP 

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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. In 2012, the property contained two farms legally 

growing medical marijuana for multiple patients under the Oregon Medical Marijuana 

Program (OMMP), one of which was 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. 

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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 usable marijuana from the plants, 

eliminating the possibility of its return to Mr. Kruesi in an acceptable 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. 

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Plaintiffs’ Fourth Amended Complaint

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KIRKLIN THOMPSON &POPE LLP 

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

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 Defendants Davis and Snippen 

17. 

All preceding paragraphs are incorporated by reference herein. 

18. 

Acting under color of law, Defendants Davis and Snippen recklessly or knowingly 

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

property including 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 Defendants Davis and Snippen had included these omissions, the 

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

search Mt. Kruesi’sproperty. 

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. 

Defendant Linn County’s sheriff’s office maintained an unofficial policy, custom, or 

practice of seeking search warrants without adequate investigation and disclosure of facts 

affecting probable cause, such as the reliability and accuracy of information obtained from 

OMMP and its impact on the legality of marijuana possession. 

/// 

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22. 

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

Davis and Defendant Snippen, pursuant to Linn County’s custom, policy, or practice, 

recklessly or knowingly failed to adequately investigate and include material information 

in the search warrant affidavit for 35871 Jefferson Scio Drive. 

23. 

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

equitable relief. 

Third Claim for Relief: 

42 USC § 1983 Monell Unreasonable Search And Seizure Claim 

Based on a Failure to Train that Violates the Fourth Amendment 

By Plaintiffs Loren and Valerie Kruesi against Defendant Linn County 

24. 

All preceding paragraphs are incorporated by reference herein. 

25. 

Defendant Linn County’s sheriff’s office was on notice that its narcotics detectives 

had obtained search warrants based on information that was inaccurate and unreliable, 

including incorrect and outdated information from OMMP. 

26. 

Defendant Linn County was deliberately indifferent when it failed to provide 

adequate training to its narcotics detectives on how to conduct marijuana investigations 

that preserve the constitutional rights of persons protected by the Oregon Medical 

Marijuana Act. 

27. 

As a result, Mr. and Mrs. Kruesis’ Fourth Amendment rights were violated when a 

search warrant was executed at 35871 Jefferson Scio Drive on September 12, 2012 based on 

untrue and incomplete information about Plaintiff’s property. 

/// 

/// 

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Plaintiffs’ Fourth 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 

28. 

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

equitable relief. 

Fourth 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 

29. 

All preceding paragraphs are incorporated by reference herein. 

30. 

 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. 

31. 

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

damages. 

Fifth 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 

32. 

All preceding paragraphs are incorporated by reference herein. 

33. 

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

under color of law inadequately stored or destroyed Mr. Kruesi’s 13 marijuana plants 

without an adequate post-deprivation remedy. 

/// 

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Plaintiffs’ Fourth Amended Complaint

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KIRKLIN THOMPSON &POPE LLP 

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

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34. 

 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. 

35. 

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

noneconomic damages. 

Sixth 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 

36. 

All preceding paragraphs are incorporated by reference herein. 

37. 

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

under color of law inadequately stored or destroyed Mr. Kruesi’s 13 marijuana plants 

without an adequate post-deprivation remedy. 

38. 

Defendant Linn County’s sheriff’s office has a policy, custom, or practice of 

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

lawful interest in. 

39. 

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

as well as equitable relief. 

Seventh 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 

40. 

All preceding paragraphs are incorporated by reference herein. 

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Plaintiffs’ Fourth 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 

41. 

Defendants conducted an illegal search when they flew in a 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. 

42. 

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

Damages 

43. 

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

44. 

Mr. Kruesi is entitled to the value of the marijuana and/or marijuana plants seized. 

Attorney Fees and Costs 

45. 

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

Jury Demand 

46 . 

Plaintiffs demand a jury trial. 

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 

value of the marijuana and/or marijuana plants seized from Plaintiff Loren 

Kruesi and destroyed or not returned by Defendants; 

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Plaintiffs’ Fourth 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 

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: March 2, 2015 

 Respectfully submitted, 

KIRKLIN THOMPSON &POPELLP

 

_____________________________________ 

Kristen Chambers OSB 130882 

Attorneys for Plaintiffs 

Loren and Valerie Kruesi 

Case 6:14-cv-01465-TC Document 20 Filed 03/02/15 Page 9 of 10
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 March 2, 2015, I caused to be served a copy of the foregoing 

Plaintiffs’ Fourth 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 

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