JS 44 (Rev. 12/12) CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as

provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the

purpose of initiating the civil docket sheet. (SEE INSTRUCTIONSONNEXTPAGE OF THIS FORM.)

I. (a) PLAINTIFFS

JASON LIBBY and DON LIBBY

DEFENDANTS

CITY OF MEDFORD, Medford Police Dept., Detective Bill Ford, Sgt.

Walruff, Officer Baglietto, Sgt. Tom Lanieri, Sgt. Josh Reimer and

Chief Tim George

County of Residence of First Listed Defendant Jackson

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF

THE TRACT OF LAND INVOLVED.

(b) County of Residence of First Listed Plaintiff JACKSON.

(EXCEPTIN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (IfKnown)

Foster A. Glass OSB No. 751334

339 SW Century Drive, Ste 201, Bend OR 97702

Telephone: 541-317-0703

II. BASIS OF JURISDICTION(Placean “X" in OneBox Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One BoxforPlaintiff

(For Diversity Cases Only) and One Boxfor Defendant)

& 3 Federal Question PTF DEF

(U.S. Government Not a Party)

1 U.S. Government

Plaintiff

PTF DEF

Citizen of This State at I x Incorporated or Principal Place

of Business In This State

4 0 4

2 U.S. Government

Defendant

4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place

of Business In Another State

5 5

(Indicate Citizenship of Parties in Item III)

Citizen or Subject of a

Foreign Country

3 3 Foreign Nation 6 6

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

OllOInsurance

120 Marine

130 Miller Act

O 140 Negotiable Instrument

O 150 Recovery of Overpayment

& Enforcement of Judgment

O L51 Medicare Act

O 152 Recovery of Defaulted

Student Loans

(Excludes Veterans)

O 153 Recovery of Overpayment

of Veteran’s Benefits

O 160 Stockholders’ Suits

190 Other Contract

1 95 Contract Product Liability

196 Franchise

625 Drug Related Seizure

of Property 21 USC 881

PERSONAL INJURY

0 310 Airplane

315 Airplane Product

Liability

320 Assault, Libel &

Slander

330 Federal Employers’

Liability

340 Marine

345 Marine Product

Liability

350 Motor Vehicle

355 Motor Vehicle

Product Liability

O 360 Other Personal

Injury

_362 Personal Injury -

Medical Malpractice

PERSONAL INJURY

365 Personal Injury -

Product Liability

367 Health Care/

Pharmaceutical

Personal Injury

Product Liability

368 Asbestos Personal

Injury Product

Liability

PERSONAL PROPERTY

370 Other Fraud

371 Truth in Lending

380 Other Personal

Property Damage

385 Property Damage

Product Liability

422 Appeal 28 USC 158

423 Withdrawal

28 USC 157

375 False Claims Act

400 State Reapportionment

410 Antitrust

430 Banks and Banking

450 Commerce

460 Deportation

470 Racketeer Influenced and

Corrupt Organizations

480 Consumer Credit

490 Cablc/Sat TV

850 Securities/Commodities/

Exchange

890 Other Statutory Actions

891 Agricultural Acts

893 Environmental Matters

895 Freedom of Information

690 Other

PROPERTY RIGHTS

820 Copyrights

830 Patent

_

840 Trademark

LABOR

710 Fair Labor Standards

SOCIAL SECURITY

861 HLA (1395ff)

862 Black Lung (923)

863 DIWC/DIWW (405(g))

864 SSID Title XVI

865 RSI (405(g))

Act

720 Labor/Management

Relations

740 Railway Labor Act

751 Family and Medical

Leave Act

790 Other Labor Litigation

791 Employee Retirement

Income Security Act

Act

896 Arbitration

899 Administrative Procedure

Act/Revicw or Appeal of

Agency Decision

950 Constitutionality of

State Statutes

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SLITS

870 Taxes (U.S. Plaintiff

or Defendant)

871 IRS—Third Party

26 USC 7609

210 Land Condemnation

220 Foreclosure

230 Rent Lease & Ejectment

240 Torts to Land

245 Tort Product Liability

290 All Other Real Property

53 440 Other Civil Rights

441 Voting

442 Employment

443 Housing/

Accommodations

445 Amer. w/DisabilitiesEmployment

446 Amer. w/DisabilitiesOther

448 Education

Habeas Corpus:

463 Alien Detainee

510 Motions to Vacate

Sentence

530 General

535 Death Penalty

Other:

540 Mandamus & Other

550 Civil Rights

555 Prison Condition

560 Civil Detainee -

Conditions of

Confinement

IMMIGRATION

462 Naturalization Application

465 Other Immigration

Actions

V, ORIGIN (Place an "X” in One Box Only)

1 Original

Proceeding

2 Removed from

State Court

3 Remanded from

Appellate Court

4 Reinstated or

Reopened

6 Multidistrict

Litigation

5 Transferred from

_Another District

(specify)_

Cite the U.S. Civil Statute under which you are filing (Do not citejurisdictionalstatutes unless diversity):

42 USC Sec. 1983 VI. CAUSE OF ACTION Brief description of cause:

Civil Rights Violations - Malicious prosecution, unlawful arrest and incarceration, Deprivation of liberty interests

VII. REQUESTED IN

COMPLAINT:

CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.

DEMAND $

450,370.00

CHECK YES only if demanded in complaint:

JURY DEMAND: >5 Yes No

VIH. RELATED CASE(S)

IF ANY (See instructions):

JUDGE DOCKET NUMBER

DATE

02/19/2015

-7

—SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 1 of 15
Foster A. Glass, OSB No. 751334

E-Mail: fosterg@bendcable.com

Attorney at Law

339 SW Century Drive, Suite 201

Bend, Oregon 97702

Telephone: (541) 317-0703

Fax: (541)317-0736

Attorney for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

JASON LIBBY and DON LIBBY,

Plaintiffs, Case No.

COMPLAINT - 42 USC SECTION

1983 CIVIL RIGHTS VIOLATIONS

v.

CITY OF MEDFORD, MEDFORD POLICE

DEPARTMENT, DETECTIVE BILL FORD,

SERGEANT WALRUFF, OFFICER

BAGLIETTO, SERGEANT TOM LANIERI,

SERGEANT JOSH REIMER, and CHIEF TIM

GEORGE,

DEMAND FOR JURY TRIAL

Defendants.

1.

NATURE OF THE ACTION

This an action for damages sustained by Plaintiffs who are citizens of Jackson County,

Oregon, brought under 42 USC § 1983, and the Fourth and Fourteenth Amendments to the

U.S. Constitution. The causes of action arise from the intentional, willful and deliberately

indifferent conduct of defendants in violation of Plaintiffs’ civil rights. The course of conduct

began ini997 and continued through June 27, 2013 when criminal charges brought by the

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 1

LAW OFFICES OF FOSTER A.GLASS •ATTORNEY AT LAW

339 SW Centrny Drive, Suite 201 •Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 2 of 15
officers against Jason Libby were dismissed and he received his certification back on July 2,

2013 which then authorized him to return to work as a security officer; and the Defendant’s

actions against Don Libby ended on September 3, 2013 when he was found not guilty.

Department of Public Safety Standards and Training (hereinafter DPSST) reinstated Don

Libby’s certification on September 16, 2013. Plaintiff bring this action for violation of their

civil rights for malicious prosecution, unlawful arrest, unlawful incarceration, providing false

information in obtaining an indictment against Jason Libby, without probable cause, and

thereby obtaining a warrant for his arrest, by the Defendant officers making deliberately false

statements or disregarding the truth of the statements made, not presenting the actual facts in

the process, and bringing charges which did not state a cause of action for two counts of

criminal impersonation of a police officer, assault in the fourth degree, two counts of

harassment, against Jason Libby; and an indictment following an arrest without a warrant of

Don Libby for two counts of criminal impersonation of a police officer, on which he was

acquitted after trial on September 3, 2013. The plaintiffs were arrested, handcuffed, and

incarcerated in the Jackson County Jail after being strip searched and were held in jail until

bail was posted.

JURISDICTION

2.

The jurisdiction of this Court is invoked pursuant to the provisions of 28 USC § 1331

and § 1343. This action arises under the Fourth and Fourteenth Amendments to the U.S.

Constitution, pursuant to 42 USC Sections 1983 and 1988. All of the acts and practices

alleged herein occurred in the City of Medford, County of Jackson, State of Oregon.

PARTIES

3.

Plaintiffs Jason Libby and Don Libby are twin brothers at all material times were

citizens of the United States and of Jackson County, Oregon, and are operating Jackson

County Security.

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 2

LAW OFFICES OF FOSTER A. GLASS •ATTORNEY AT LAW

339 SW Century Drive, Suite 201 •Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 3 of 15
DEFENDANTS

4.

All defendant police officers were employees of Medford City Police Department and

acted in concert to attempt to destroy Plaintiffs’ business, Jackson County Security. All police

officers and their supervisors acted in concert in the arrest and prosecution of the Plaintiffs,

and immediately issued several press releases, including television appearances, and related

details of Plaintiffs’ alleged criminal misconduct, while the investigation was still pending,

with the intent to discredit and damage Plaintiffs’ business and their reputations. This

conduct was a repeat of police conduct in 2011 when they sent a false report to the District

Attorney alleging Plaintiffs were impersonating a police officer, made a formal complaint

against Plaintiffs to DPSST - resulting in temporary suspension of their licenses, complained

to the Jackson County Sheriff resulting in the revocation of Don Libby’s right to carry a

firearm. The police made various false citations, including claiming the unlawful use of a cell

phone which was dismissed because the use was legal under the exception of ORS

811.507(3)(g). Several of the police officers also contacted one of Jason Libby’s employers

and attempted to get him fired. During the present action police took the same action against

Plaintiffs for a second time. Plaintiffs sent a tort claim notice on February 22, 2011 regarding

the prior conduct, but decided against filing a lawsuit at that time for violation of their civil

rights and damages, because they hoped to try to improve their relationship with the Medford

Police Department.

5.

Unless otherwise specified herein, Plaintiffs sue each and all defendants in both their

individual and official capacities as employees of the City of Medford.

6.

Each Defendant was at all times herein mentioned, an agent of the other in causing the

harm alleged herein, or in failing to act or prevent the violation of Plaintiffs’ rights.

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 3

LAW OFFICES OF FOSTER A. GLASS * ATTORNEY AT LAW

339 SW Century Drive, Suite 201 •Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 4 of 15
7.

The acts of defendants complained of herein were committed under color of law of the

State of Oregon by individuals who claimed to act under their cloak of authority as police

officers.

8.

At all material times herein, Defendant City of Medford was a governmental entity

organized under Oregon laws, and a public body responsible fort he conduct and violations of

42 USC § 1983, and also liable for the tortious conduct of agents and employees pursuant to

the Oregon Tort Claims Act, ORS 30.260(4) and 30.265(1).

GOVERNMENTAL LIABILITY

9.

Plaintiff alleges that Defendant, City of Medford, Oregon, through its employed

officers and supervisors has grossly failed to train their police officers in the fundamental law

under the Fourth Amendment regarding police duty to protect citizens’ civil rights, arrest,

detention and the malicious prosecution of citizens.

10.

On information and belief, Plaintiff alleges that said Defendants, and city government

agencies have failed to properly train their officers to protect citizens’ civil rights including

protection from false arrest, harassment, the bringing of false charges and malicious

prosecution. Defendant agency has failed to train their officers in detaining and arresting a

suspect or the Constitutional protections. Further, this Governmental agency has rejected or

ignored citizens complaints of police misconduct. As a result, Defendant city’s officers are

rarely, if ever, disciplined for violating citizens’ civil rights. In the present case the City was

made aware of the tort claim for similar misconduct by defendants in 2011. The City did

nothing to train or to correct officer misconduct, establishing defacto policy of condonation of

misconduct.

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 4

LAW OFFICES OF FOSTER A.GLASS •ATTORNEY AT LAW

339 SW Century Drive, Suite 201 Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 5 of 15
11.

After being made aware of much publication of the facts of this case in the newspapers

and TV and the ultimate outcome of dismissal and not guilty verdict, the City hasstill failed

to train, discipline or correct its officers. The City of Medford has not only failed to discipline

said officers for their conduct, but through complacence, have tacitly approved or ratified the

unlawful, deliberate, malicious, reckless and wanton conduct of its Defendant Officers over a

period of time. The city’s failure to supervise or discipline shows a deliberate indifference to

training and appropriate supervisory discipline and such indifference, is the proximate cause

of the violation of the Plaintiffs’ federally protected rights.

12.

The foregoing acts, omissions, and the systemic failures are defacto customs and

policies of said Defendant City of Medford comprising at least a deliberate indifference to the

rights of citizens, and said defacto policies have caused police officers of said Defendants to

believe that determination of the right to arrest and the amount of force to be used is within

their unfettered discretion, and that complaints of illegal arrest and excessive force would not

be properly investigated, with the foreseeable result that offices would be likely continue to

illegally arrest and brutalize citizens with impunity.

SUPERVISORY LIABILITY

13.

The above joint defendants were knowing participants in the misconduct of the

officers, and failed to correct or discipline its deputies.

FIRST CAUSE OF ACTION

MALICIOUS PROSECUTION

(PLAINTIFF JASON LIBBY)

14.

Plaintiffsincorporate paragraphs 1-13 as though set forth fully herein.

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 5

LAW OFFICES OF FOSTER A. GLASS •ATTORNEY AT LAW

339 SW Century Drive, Suite 201 Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 6 of 15
15.

Plaintiff Jason Libby was falsely charged without probable cause with two counts of

criminal impersonation of a police officer, assault in the fourth degree, two counts of

harassment (as an alternative to the assault charge) on February 21, 2013. The charges were

dropped June 27, 2013 and his certification was reinstated July 7, 2013.

16.

The criminal proceeding was instituted with malice toward Plaintiff or for a primary

purpose other than securing a lawful prosecution of crimes against Jason Libby. The police

presented evidence to a grand jury based upon false information and speculation, when in fact,

they had no evidence that Jason Libby had committed the crimes of criminal impersonation of

a police officer. The facts did not support the elements of any of the criminal charges. The

police found that Jason Libby had not been involved in the alleged circumstances because he

was not present at the time and place of the alleged act. The remaining charges, assault and

harassment were left in place and Jason Libby was acquitted at trial. The police failed to

provide the grand jury with pertinent exculpating facts which they were aware of.

17.

There was a lack of probable cause to institute a criminal proceeding.

18.

As a result of Defendants’ conduct, Plaintiff suffered special injury in that he was

arrested, strip searched, incarcerated and released from jail after bail was posted.

19.

As a result of Defendants’ conduct Plaintiff suffered the following damages:

(a) Plaintiff incurred legal fees and costs in defending the criminal action in the

amount of $23,500.

(b) $1000 nonrefundable bail

(c) Lost wages $11,700

(d) Lost account revenue: $56,997

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 6

LAW OFFICESOF FOSTER A.GLASS •ATTORNEY AT LAW

339 SW Century Drive, Suite 201 •Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 7 of 15
20.

Plaintiff suffered non-economic damages in the form of arrest, incarceration, being

strip searched, invasion of privacy, interference with his business associations, loss of

earnings, pain, suffering, mental and emotional distress, anxiety, embarrassment,

nervousness, humiliation, and injury to reputation and dignity in the amount $250,000.

21.

Defendant’s conduct was willful, wanton and malicious and punitive damages should

be awarded against individual defendants, in an amount not to exceed $100,000.

SECOND CAUSE OF ACTION

FALSE INFORMATION IN THE WARRANT AND INDICTMENT PROCESS

(JASON LIBBY)

22.

Plaintiff realleges paragraphs 1-21 asthough set forth fully herein

23.

Defendants Detective Bill Ford and Officer Baglietto failed to do a proper

investigation and intentionally and maliciously or with reckless disregard for the truth,

provided false information and failed to provide exculpatory evidence and misled the grand

jury in order to obtain an indictment and warrant for the arrest of Jason Libby.

24.

Said defendants are not entitled to a grant of qualified immunity based upon their

omission of material facts from the search warrant applications, and/or their intentional or

reckless false statements of alleged facts which were material to the issuance of the indictment

and an arrest warrant.

25.

As a result of Defendants’ conduct Plaintiff suffered the following damages:

(a) Plaintiff incurred legal fees and costs in defending the criminal action in the

amount of $23,500.

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 7

LAW OFFICES OF FOSTER A.GLASS •ATTORNEY AT LAW

339 SW Century Drive, Suite 201 •Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 8 of 15
(b) $1000 nonrefundable bail

(c) Lost wages $11,700

(d) Lost account revenue: $56,997

26.

Plaintiffsuffered non-economic damages in the form of arrest, incarceration, being

strip searched, invasion of privacy, interference with his business associations, loss of

earnings, pain, suffering, mental and emotional distress, anxiety, embarrassment,

nervousness, humiliation, and injury to reputation and dignity in the amount $250,000.

27.

Defendant’s conduct was willful, wanton and malicious and punitive damages should

be awarded against individual defendants, in an amount not to exceed $100,000.

THIRD CAUSE OF ACTION

UNLAWFUL ARREST AND IMPRISONMENT

(PLAINTIFF JASON LIBBY)

28.

Plaintiff realleges paragraphs 1-27 as though set forth fully herein.

29.

As a result of the false information the police officers unlawfully arrested and

incarcerated Jason Libby. At the time of the arrest defendants discovered, by talking with

Jason Libby that he was not involved in the alleged impersonation of a police officer. The

remaining charges of assault IV and harassment (a lesser charge of assault IV) were

misdemeanors and police had information that was exculpatory to those charges. At all times

material the officers had the authority to cite rather than arrest.

30.

As a result of Defendants’ conduct Plaintiff suffered the following damages:

(a) Plaintiff incurred legal fees and costs in defending the criminal action in the

amount of $23,500.

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 8

LAW OFFICESOF FOSTER A.GLASS •ATTORNEY AT LAW

339 SW Century Drive, Suite 201 •Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 9 of 15
(b) $1000 nonrefundable bail

(c) Lost wages $11,700

(d) Lost account revenue: $56,997

31.

Plaintiff suffered non-economic damages in the form of arrest, incarceration, being

strip searched, invasion of privacy, interference with his business associations, loss of

earnings, pain, suffering, mental and emotional distress, anxiety, embarrassment,

nervousness, humiliation, and injury to reputation and dignity in the amount $250,000.

32.

Defendant’s conduct was willful, wanton and malicious and punitive damages should

be awarded against individual defendants, in an amount not to exceed $100,000.

FOURTH CAUSE OF ACTION

DEPRIVATION OF FOURTH AND FOURTEENTH AMENDMENT DUE PROCESS

LIBERTY INTEREST IN PLAINTIFFS’ RIGHT TO CONDUCT BUSINESS, TO INCOME,

PERSONAL PROPERTY, AND BUSINESS RELATIONSHIPS

(JASON LIBBY and DON LIBBY)

33.

Plaintiff realleges paragraphs 1-32 as though set forth fully herein.

34.

Plaintiffs had a constitutional liberty interest in the right of association in legitimate

business enterprises, which required DPSST certification to work as security guards. As a

result of defendants’ false information supplied to DPSST for the second time since 2011,

Plaintiffs lost business contracts and income. Also, the police contacted (for the second time

since 2011) clients of Plaintiffs and attempted to interfere with Plaintiffs’ business

relationships.

35.

As a result of Defendants’ conduct Plaintiff suffered the following damages:

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 9

LAW OFFICES OF FOSTER A.GLASS •ATTORNEY AT LAW

339 SW Centuiy Drive, Suite 201 •Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 10 of 15
(a) Plaintiff incurred legal fees and costs in defending the criminal action in the

amount of $23,500.

(b) $1000 nonrefundable bail

(c) Lost wages $11,700 (Jason Libby)

(d) Lost wages $7140 (Don Libby)

(e) Lost account revenue: $56,997

36.

Plaintiff suffered non-economic damages in the form of arrest, incarceration, being

strip searched, invasion of privacy, interference with his business associations, loss of

earnings, pain, suffering, mental and emotional distress, anxiety, embarrassment,

nervousness, humiliation, and injury to reputation and dignity in the amount $250,000.

37.

Defendant’s conduct was willful, wanton and malicious and punitive damages should

be awarded against individual defendants, in an amount not to exceed $100,000.

FIFTH CAUSE OF ACTION

MALICIOUS PROSECUTION

(DON LIBBY)

38.

Plaintiff realleges paragraphs 1-37 as though set forth fully herein.

39.

Plaintiff Don Libby was falsely charged without probable cause with two counts of

criminal impersonation of a police officer, assault in the fourth degree, two counts of

harassment (as an alternative to the assault charge) on March 1, 2013. Plaintiff was found not

guilty in a juiy trial on September 3, 2013.

40.

The criminal proceeding was instituted with malice toward Plaintiff or for a primary

purpose other than securing a lawful prosecution of crimes against Don Libby. The facts did

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 10

LAW OFFICES OF FOSTER A. GLASS •ATTORNEY AT LAW

339 SW Century Drive, Suite 201 •Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 11 of 15
not support the elements of the criminal charges. Don Libby was acquitted at trial.

41.

There was a lack of probable cause to institute a criminal proceeding, the police

knowingly withheld exculpatory evidence and misrepresented facts. Nonetheless police

arrested Don Libby without a warrant on 2/22/2013 without probable cause, handcuffed and

incarcerated him.

42.

As a result of Defendants’ conduct, Plaintiff suffered special injury in that he was

arrested, strip searched, incarcerated and released from jail after bail was posted.

43.

As a result of Defendants’ conduct Plaintiff suffered the following damages:

Plaintiff incurred legal fees and costs in defending the criminal action in the

amount of $23,500.

(a)

(b) $1000 nonrefundable bail

(c) Lost wages $7,140

(d) Lost account revenue: $56,997

44.

Plaintiff suffered non-economic damages in the form of arrest, incarceration, being

strip searched, invasion of privacy, interference with his business associations, loss of

earnings, pain, suffering, mental and emotional distress, anxiety, embarrassment,

nervousness, humiliation, and injury to reputation and dignity in the amount $250,000.

45.

Defendant’s conduct was willful, wanton and malicious and punitive damagesshould

be awarded against individual defendants, in an amount not to exceed $100,000.

/////

/////

/////

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 11

LAW OFFICESOF FOSTER A. GLASS •ATTORNEY AT LAW

339 SW Century Drive, Suite 201 •Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 12 of 15
SIXTH CAUSE OF ACTION

UNLAWFUL ARREST AND IMPRISONMENT

(DON LIBBY)

46.

Plaintiff realleges paragraphs 1-45 as though set forth fully herein.

47.

Defendants arrested and incarcerated Plaintiff without a warrant. At that time no

charging instrument had been filed. Police failed to do a proper investigation and lacked

probable cause based upon actual facts to arrest Plaintiff. Plaintiff was arrested on two counts

of criminal impersonation of a police officer which were the same charges the police had told

the grand jury had been committed by Jason Libby. The defendants knew or should have

known with proper investigation, that the charges were bogus and the necessary elements

were not present.

48.

The defendants acted with malice and deliberate indifference to the civil rights of

Plaintiff.

49.

As a result of Defendants’ conduct Plaintiff suffered the following damages:

(a) Plaintiff incurred legal fees and costs in defending the criminal action in the

amount of $23,500.

(b) $1000 nonrefundable bail

(c) Lost wages $7,140

(d) Lost account revenue: $56,997

50.

Plaintiff suffered non-economic damages in the form of arrest, incarceration, being

strip searched, invasion of privacy, interference with his business associations, loss of

earnings, pain, suffering, mental and emotional distress, anxiety, embarrassment,

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 12

LAW OFFICES OF FOSTER A.GLASS •ATTORNEY AT LAW

339 SW Century Drive, Suite 201 * Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 13 of 15
nervousness, humiliation, and injury to reputation and dignity in the amount $250,000.

51.

Defendant’s conduct was willful, wanton and malicious and punitive damages should

be awarded against individual defendants, in an amount not to exceed $100,000.

52.

Pursuant to 42 USC § 1988 each of the Plaintiffs herein is entitled to reasonable

attorney’s fees, costs and disbursements.

WHEREFORE Plaintiffs pray for relief from the Court as follows:

1. On Plaintiff Jason Libby’s First, Second and Third Causes of Action, MALICIOUS

PROSECUTION, FALSE INFORMATION IN THE WARRANT AND INDICTMENT

PROCESS, UNLAWFUL ARREST AND IMPRISONMENT:

Plaintiff suffered the following damages:

(a) Plaintiff incurred legal fees and costs in defending the criminal action in the

amount of $23,500.

(b) $1000 nonrefundable bail

(c) Lost wages $11,700

(d) Lost account revenue: $56,997

(e) Plaintiff suffered non-economic damages in the amount of $250,000.

(f) Punitive damages should be awarded against individual defendants, in an

amount not to exceed $100,000.

2. On Plaintiffs Jason Libby and Don Libby’s Fourth Cause of Action: DEPRIVATION

OF FOURTH AND FOURTEENTH AMENDMENT DUE PROCESS LIBERTY INTEREST

IN PLAINTIFFS’ RIGHT TO CONDUCT BUSINESS, TO INCOME, PERSONAL

PROPERTY, AND BUSINESS RELATIONSHIPS:

As a result of Defendants’ conduct Plaintiffs suffered the following damages:

(a) legal fees and costs in defending the criminal action in the amount of $23,500.

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 13

LAW OFFICES OF FOSTER A.GLASS •ATTORNEY AT LAW

339 SW Century Drive, Suite 201 •Bend, Oregon 97702

Telephone (541)317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 14 of 15
(b) $1000 nonrefundable bail

(c) Lost wages $11,700 (Jason Libby)

(d) Lost wages $7140 (Don Libby)

(d) Lost account revenue: $56,997

(e) Non-economic damages in the amount $250,000.\

(f) Punitive damagesshould be awarded against individual defendants, in an

amount not to exceed $100,000.

3. On Plaintiff Don Libby’s Fifth Cause of Action, Malicious Prosecution and Sixth

Cause of Action: Unlawful Arrest and Imprisonment:

(a) legal fees and costs in defending the criminal action in the amount of $23,500.

(b) $1000 nonrefundable bail

(c) Lost wages $7,140

(d) Lost account revenue: $56,997

(e) Non-economic damages in the amount $250,000.

(f) Punitive damages should be awarded against individual defendants, in an

amount not to exceed $100,000.

4. Pursuant to 42 USC § 1988 each of the Plaintiffs herein is entitled to reasonable

attorney’s fees, costs and disbursements.

DATED this 19th day of February, 2015.

/s/Foster A. Glass

Foster A. Glass OSB No. 751334

Attorney for Plaintiffs

339 SW Century Drive, Ste 201

Bend OR 97702

Telephone: 541-317-0703

Email: fosterg@bendcable.com

COMPLAINT - 42 USC SECTION 1983 CIVIL RIGHTS VIOLATIONS Page 14

LAW OFFICES OF FOSTER A.GLASS * ATTORNEY AT LAW

339 SW Century Drive, Suite 201 •Bend, Oregon 97702

Telephone (541) 317-0703 •Fax (541) 317-0736 •e-mail: fosterg@bendcable.com

Case 1:15-cv-00298-CL Document 1 Filed 02/19/15 Page 15 of 15