Page 1 – DEFENDANTS' ANSWER TO PLAINTIFFS' THIRD AMENDED COMPLAINT 

Gerald L. Warren, OSB #814146

gwarren@geraldwarrenlaw.com

901 Capitol St. NE

Salem, OR 97301 

 Telephone: (503) 480-7252

 Fax: (503) 779-2716

Attorney for Defendants

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

LOREN and VALERIE KRUESI,

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

DEFENDANTS' ANSWER TO 

PLAINTIFFS' THIRD AMENDED 

COMPLAINT

(Request for Jury Trial) 

For their Answer to plaintiffs' Third Amended Complaint, defendants admit, deny and 

allege as follows:

1.

In response to paragraph 1, admit that plaintiffs were residents of Jefferson, Oregon. 

Except as so admitted, deny.

2.

In response to paragraphs 2 and 3, admit defendant Linn County ("County") is a political 

subdivision of the State of Oregon, that Linn County Sheriff's Office is a department of the 
Page 2 – DEFENDANTS' ANSWER TO PLAINTIFFS' THIRD AMENDED COMPLAINT 

County, and that Deputy Davis and Detectives Snippen and Campbell were at all material times 

working within the course and scope of their employment with the County. Except as so 

admitted, deny.

3.

In response to paragraphs 4 and 5, these are plaintiffs' jurisdictional and venue allegations 

to which no response is required.

4.

In response to paragraph 6, admit plaintiff Loren Kruesi owns property at 35871 

Jefferson Scio Drive in Jefferson, Oregon and that plaintiff Kruesi grows marijuana on the 

property and the plaintiffs were issued Oregon Medical Marijuana Program ("OMMP") cards. 

Except as so admitted, deny.

5.

In response to paragraphs 7, 8, 9, and 10, admit defendants flew over plaintiff Loren 

Kruesi's property and photographed the area including mature marijuana plants growing on the 

north side of Jefferson Scio Drive and further admit that the OMMP Coordinator was contacted

regarding the subject property, and the address 35871 Jefferson Scio Drive was listed as a 

marijuana grow site for 11 patients. Except as so admitted, deny. 

6.

In response to paragraphs 11, 12, 13 and 14, admit defendants executed a lawfully issued 

Search Warrant at 35871 Jefferson Scio Drive and that Loren Kruesi was arrested. Except as so 

admitted, deny.
Page 3 – DEFENDANTS' ANSWER TO PLAINTIFFS' THIRD AMENDED COMPLAINT 

7.

In response to paragraph 15, marijuana contraband was destroyed that was determined 

illegal and not authorized but except as so admitted, deny the allegations.

8.

In response to paragraph 16, following Judge Murphy's ruling on a Motion to Suppress, 

the State of Oregon moved to dismiss charges against Mr. Kruesi. Except as so admitted, deny 

the allegations.

9.

In response to paragraph 17, reallege and admit and deny as alleged above in response to 

paragraphs 1 through 16.

10.

Deny paragraphs 18 and 19.

11.

In response to paragraph 20, admit and deny as alleged above in response to paragraphs 1 

through 19.

12.

Deny paragraphs 21, 22 and 23.

13.

In response to paragraph 24, admit and deny as alleged above in response to paragraphs 1 

through 23.

14.

Deny paragraphs 25 and 26.
Page 4 – DEFENDANTS' ANSWER TO PLAINTIFFS' THIRD AMENDED COMPLAINT 

15.

In response to paragraph 27, admit and deny as alleged above in response to paragraphs 1 

through 26.

16.

Deny paragraphs 28, 29 and 30.

17.

In response to paragraph 31, admit and deny as alleged above in response to paragraphs 1 

through 30.

18.

Deny paragraphs 32, 33 and 34.

19.

In response to paragraph 35, admit and deny as alleged above in response to paragraphs 1 

through 34.

20.

Deny paragraphs 36, 37, 38, 39 and 40.

FOR A FIRST AFFIRMATIVE DEFENSE, defendants allege:

(Failure to State a Claim)

21.

Plaintiffs' Complaint fails to state facts sufficient to constitute a claim for relief for one or 

more of the claims asserted.

//////

//////

//////
Page 5 – DEFENDANTS' ANSWER TO PLAINTIFFS' THIRD AMENDED COMPLAINT 

FOR A SECOND AFFIRMATIVE DEFENSE, defendants allege:

(Qualified Immunity)

22.

All of the individually-named defendants are entitled to qualified immunity from any 

constitutional claims in that their conduct did not violate any clearly-established law and their 

actions were objectively reasonable under the circumstances.

FOR A THIRD AFFIRMATIVE DEFENSE, defendants allege:

(Probable Cause)

23.

Defendants had probable cause to search and arrest persons on the property alleged in 

plaintiffs' Second Amended Complaint and to arrest under Oregon law when plaintiff Loren 

Kruesi was determined out of compliance with the OMMA provisions.

FOR A FOURTH AFFIRMATIVE DEFENSE, defendants allege:

(Contraband)

24.

Plaintiffs' manufacture and possession of contraband in violation of federal law was a 

crime not protected from arrest by the U.S. Constitution nor did plaintiffs have any right to have 

the contraband returned.

FOR A FIFTH AFFIRMATIVE DEFENSE, defendants allege:

(Statute of Limitations)

25.

Plaintiffs' sixth claim is barred by the applicable statute of limitations. 
Page 6 – DEFENDANTS' ANSWER TO PLAINTIFFS' THIRD AMENDED COMPLAINT 

WHEREFORE, having fully responded to plaintiffs' Third Amended Complaint, 

defendants pray for Judgment in their favor and against plaintiffs along with an award of costs 

and attorney fees as the prevailing parties in this matter.

DATED this 9th day of January, 2015.

/s/ Gerald L. Warren

Gerald L. Warren, OSB #814146

Attorney for Defendants
CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing DEFENDANTS' ANSWER TO PLAINTIFFS' 

THIRD AMENDED COMPLAINT on:

Kristen Chambers

Kirklin Thompson & Pope LLP

1000 SW Broadway, Ste. 1616

Portland, OR 97205-3035

Attorney for Plaintiffs

by the following indicated method or methods: 

☒ by electronic means through the Court's Case Management/Electronic Case File system on 

the date set forth below; 

⃞ by faxing a copy thereof to each attorney at each attorney's last-known facsimile number on the 

date set forth below; 

⃞ by mailing a full, true, and correct copy thereof in a sealed, first-class postage-prepaid envelope, 

addressed to each attorney's last-known office address listed above and depositing it in the U.S. 

mail at Salem, Oregon on the date set forth below;

⃞ by causing a copy thereof to be hand-delivered to said attorney at each attorney's last-known 

office address listed above on the date set forth below;

⃞ by sending a copy thereof via overnight courier in a sealed, prepaid enveloped, addressed to each 

attorney's last-known address on the date set forth below. 

DATED this 9th day of January, 2015.

/s/ Gerald L. Warren

Gerald L. Warren, OSB #814146

Attorney for Defendants