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MULCIVIL 

CASE SUMMARY 

CASE No. 15CV02439 

James Michael Murphy, MD 

VS 

~ 

§ 

Hannah Jolene Dockery Mosebach § 

~ 

File Date 02/05/20 15 

Filed By ~~phy, James Michael, Filed Against Dockery Mosebach. Hannah Jolene 

Cause of Action 

- Original Action 

Plaintiff 

Defendant 

ill! l02/05/2015 

02/05/2015 

02/05/2015 

02/06/2015 

02/24/2015 

ll \ i l 

Description/Remedy 

Action 

Current Case Assignment 

Case Number 

Court 

Date Assigned 

15CV02439 

MULCivil 

02/05/2015 

!-'\ 

Murphy, James Michael, MD 

Dockery Mosebach, Hannah Jolene 

Cause of Action - Original Action () 

Filed By 

Filed Against 

Action Type 

Murphy. James MichaeL MD 

Dockery Mosebach. Hannah Jolene 

Action 

Complaint 

Filed By: Plaintiff Murphy. James MichaeL MD 

Serving: Defendant Dockery Mosebach, Hannah Jolene 

Created: 02/06/20 I 5 9:03 AM 

Service 

Dockery Mosebach. Hannah Jolene 

Served: 02/19/2015 

Created: 02/06/2015 9:03 AM 

Arbitration - Eligible 

Created: 02/06/2015 9:03AM 

W Proof- Service 

Party: Defendant Dockery Mosebach. Hannah Jolene 

Created: 02/26/2015 1 :49 PM 

Plaintiff Murphy. James MichaeL MD 

Total Charges 

Total Payments and Credits 

Balance Due as of 3/1112015 

PAGE I OF2 

Location: MlJL Civil 

Filed on: 02/05/2015 

Case Type: Tort- General 

Case Flags: Arbitration Eligible 

ProSe 

.1\llf\ 

567.00 

567.00 

0.00 

Printed on 03!//2015 at 9:37AM 

Case 3:15-cv-00402-MO Document 1-2 Filed 03/11/15 Page 1 of 9
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Multnomah County Circuit Court 

15CV02439 

James Michael Murphy MD 

P.O. Box 55116 

Portland, OR 97238 

murphmic@gmail.com 

31 JAN 2015 

Court Case number 

Plaintiff- Pro Se 

Complaint -Personal Injury 

Slander - Defamation 

Vs 

-

--

- Hannah Jolene Dockery Mosebach (DOB 8/08/1981) 

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Facts Supporting the Comp~aint of S!ander arnd Defamation 

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On 7 December 2013 the Plaintiff, a physician, was notified in writing by a supervisor, 

Heidi Kjos MD, the clinic commander of the medical clinic of the Oregon Air National Guard 

(ORANG) in Portland, Oregon of a patient's accusation. The member had made a verbal 

complaint and signed a written statement of fact accusing the Plaintiff of performing a 'PAP 

smear 'during a routine screening interview I physical when she was a patient in the clinic in 

November of 2011. The patient alleged that a gyn exam occurred that was unchaperoned, not 

medically indicated and did not result in collection or processing of a specimen. The alleged 

incident, if it were true, would most likely be deemed inappropriate and subject to discipline in 

accordance with the clinic and the community medical standards. 

The statements by the accuser are false and the accuser made them knowingly with malidous 

intent. The statements have caused permanent damages and constitute defamation. The 

accuser made these statements without privilege (absolute or qualified). 

The defendant was offered the opportunity to recant her accusations and false statements, 

however she has refused. The defendant clearly did not make the defamatory statements in an 

effort to warn others, but rather the statements were made with malice for a secondary gain. 

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The patient who made these defamatory statements has been identified as the Defendant, 

Hannah Dockery Mosebach, an ANG member working at the ORANG base in Portland, Oregon. 

The incident occurred in Multnomah County and all parties involved were in Title 32 military 

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status (State orders, not on federal orders) thus the jurisdiction for fthis case lies squarely in the 

Muitnomah County Court. 

~~. Claam 

Initial hearings on this complaint {14CVD6604) resulted in dismissal without prejudice 

based on SLAPP or ORS 31.150. The Court erred in dismissing the complaint, the complaint is 

now being re- filed and should proceed to trial .The dismissal occurred because the defendant's 

counsel perpetrated a fraud upon the court. The defendant's counsel, essentially working for the 

government, provided a wildly edited, bias version of a For Official Use Only (FOUO) 

investigation as evidence. When after the court's decision, the entire FOUO report was made 

available to the Plaintiff; it provided dear and concise evidence that the defendant is not 

credible and has intentionally misled the military on several occasions in the past. The FOUO 

report also provided a preponderance of evidence that the specific allegation regarding the gyn 

exam is false. This evidence combined with the attached affidavits should leave no doubt that 

that the plaintiff is more likely than not to prevail in a claim demonstrating that the patienfs 

statements which are not protected, are false and have caused damage. 

The Defendant statements are not protected by ORS 31.150 because she has not met the 

requirements of the statute. The defendant does not have immunity. Although initially she made 

the false statements in an executive forum, she also made the defamatory statements outside of 

this forum after her protected statement. This is evidenced by the following: 

The defendant told many individuals of the alleged incident. These individuals were not within 

her chain of command or counsel and she did not have a duty to notify them of her allegations. 

The defendant herself admits this and it was noted by the Nat Guard Bureau's Office of 

Complex Investigation {OCI) investigators in their interview with the accuser that the alleged 

victim told a lot of people about the incident because "it helps her deal with it." 

The defendant continued to tell uninvolved individuals about her allegation even after she was 

warned against such conduct by her superiors. The Defendant in her declaration to the court 

revealed that she ultimately received a letter of reprimand {LOR) for speaking about her 

allegations outside of official channels on or about AprilS, 2013. Defendant continues to speak 

outside of military channels. 

Then in May of 2014, the defendant returned a call to a private investigative service (ICS), at 

their company office in Arizona. She did this of her own volition. She willingly and eagerly 

repeated her defamatory allegation. She did this, apparently believing that a harmful report 

would be sent to medical boards. It was the defendant's apparent intention to damage the 

plaintiff's professional reputation and affect his ability to practice medicine. The Defendant 

intentionally did not contact her assigned special victims counsel {SVC) prior to contacting the 

private investigators. The defendant did not contact the SVC because she intended to use 

profanity and make defamatory statements (i.e. - calling the Plaintiff a "pervert") and could not 

do these things in military setting where she would be expected to maintain military bearing 

toward an officer. The defendant has made similar claims published in the Oregonian. 

PHailllltiff cafl'il demonstrate probabmty he wm prewaH on this claim. 

The Defendant during the investigation demonstrated multiple inconsistencies in her recollection 

of the alleged incident, while at the same time demonstrating a suspiciously keen memory of an 

encounter that occurred further in the past. The Defendant has demonstrated multiple 

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inconsistencies in the documentation of her past gyn history dulling the unvestigations and in her 

military record. The defendant has demonstrated multiple inconsistencies i111 the documentation 

of her tobacco use. The defendant has failed to document in her mmtary record any of her 

prescription drug use or psychological issues. The defendant has mischaracterized a past 

inappropriate relationship with a married supervisor/ officer. 

These facts are the result of a close examination of the OCI report, private investigation and 

interviews with ORANG members and affidavits provided by two such witnesses. Plaintiff is 

confident further evidence will be provided if allowed discovery via depositions of other 

witnesses including Heidi Kjos, Michele Marshall, Brian Fredrick, Rachel Albright, Derek Jaeger 

and Tess Jaeger. 

The Plaintiff is described in the OCI report as having "a good reputation and was credible during 

an interview with the OCI investigative team." The report failed to cite any inconsistencies or 

any evidence to support a lack of credibility on the part of the Plaintiff. There were no reports of 

similar incidents from any other female patients in the ORANG. The OC! investigators noted that 

it is "absurd that a reputable physician would risk his medical license, military and civilian career 

and livelihood by performing the unauthorized PAP exam." 

m. Prayer for Relief 

Special Damages and Non- Economic Damages 

Since the Oregon National Guard is composed of citizen soldiers (members of the local 

community), the defendant's defamatory statements regarding a physician have propagated 

throughout the general medical community, been published in a statewide newspaper and 

caused harm to the plaintiff's reputation outside the military base. This has had the reasonable 

expected effect of significantly diminishing the plaintiff's employment opportunities and future 

earnings. The Oregon Medical Board has opened a formal investigation in addition to the one 

conducted by the National Guard's OCI. The reaction of the Plaintiff's military supervisors to the 

false allegation and defamatory statements has already caused the plaintiff significant special 

damages through denial of training and deployment opportunities. The plaintiff is seeking $ 

200,000 plus all incurred legal fees and court costs in special damages based on calculated 

losses that have already occurred and financial losses that are likely to occur as a result of the 

Defendant's defamatory statements. 

The Plaintiff has also suffered non-economic damages from mental anguish, emotional distress, 

and anxiety causing damage to interpersonal and professional relationships. The defendant's 

defamatory statements have caused personal shame and impairment to the plaintiff's reputation 

and standing in the medical community. An investigation regarding the false accusation has 

proceeded for over 12 months exacerbating the emotional and financial distress. The plaintiff is 

seeking $100,000 in non-economic damages. Assuming a judgment in favor of the Plaintiff, the 

Plaintiff will seek collection by placing liens on any and all real property owned by the defendant 

and her spouse as well as garnishing the defendant's military wages and future earnings until 

the debt is paid in full. Plaintiff is seeking a total of $300,000 plus all incurred legal fees and 

court costs from this claim and the previously filed claim. 

---·----------------------------------------... --------------------------------------... ------- ================================================================= 

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I certify that the above is true and correct to the best of my knowledge l!.lll'llder penalty of perjury. I 

will have the Defendant S\Eln!ed with the complaint within 21 days. Respectfully Submitted, 

{

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James Michael Mur ~4 ( 

=9·1 JAI\l 2015 \ /·'~I 

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.. -

MuLTNOMAH CouNTY SHERIFF's OFFICE 

12~40 NE GLISAN ST., • PORTLAND, OR 97230 

Exemplary service for a safe, livable community 

~~ ... ~h··. MULTNOMAH 

Court Case: 15CV02439 

MCSO Case#: 2015-265493 

Court: CIRCUIT 

RE: MURPHY,DR JAMES MICHAEL 

vs. 

DOCKERY -MOSELBACH ,HANNAH 

I here by certify that the attached 

COMPLAINT 

SUMMONS 

was/were delivered to me for service on the 19 day of February, 2015, and was/were 

duly certified to be true copy by PLAINTIFF. 

I further certify that I served the papers upon 

DOCKERY-MOSELBACH,HANNAH 

DANIEL STATON 

SHERIFF 

(503) 255-3600 PHONE 

(503) 251-2484 lTV 

www.mcso.us 

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on the 20 day of February, 2015 at 8:48:00 AM, at 6801 NE CORN FOOT RD # 170 , PORTLAND 

DANIEL STATON, SHERIFF 

Multnomah County, Oregon 

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l#1 Served: 

----.......,'-.... Civil Court 

l~t: jcase~ 2015-265493 Case#: 15CV02439 

Serve onDate.;_ 

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Case 3:15-cv-00402-MO Document 1-2 Filed 03/11/15 Page 7 of 9
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... 

In the Circuit Court of the State of Oregon 

For the County of ____ 'fY.\_\l.l_±_'CLo_~9,.,...h_ 

Case No. __ j__~ __ h_V0 __ ~ __ '{ __ ~_3, _____ _ 

SUMMONS 

------------------------------------------------·-----~-------------·------------------------------------------------- Defendant _____ . 

Y0u are hereby required to appear and defend the complaint filed against you in the above entitled action within thirty (30) 

days from the date of service of this summons upon you, and in case of your failure to do so, for want thereof, plaintiff(s) will apply 

to the court for the relief demanded in the complaint. 

NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY! 

You must "appear" in this case or the other side will win automatically. To 

"appear" you must file with the court a legal document called a "motion" or 

•answer." The "motion" or "answer" must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form 

and have proof of service on the plaintiff's attorney or, if the plaintiff does not 

have an attorney, proof of service upon the plaintiff. 

If you have any questions, you should see an attorney immediately. If you 

need help in finding an attorney, you may contact the Oregon State Bar's Lawyer 

Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 

(in the Portland metropolitan area) or toll-free elsewhere in Oregon at (BOO) 

452-7636. . 

~),.,~~~~-~~--

ATI~~~SR~~irv~~f{Dj-0-~!'-~~~ 

____ <p~-~-~S1t~_J_ __ -p_~-~~~~L,-~~-- ADDR'l:ss 

______ S:::~~---1-~~-:J_J-~~~-g ____ _ CITY STATE ZIP PHONE 

FAX-{;?~4s-=----~-~~~~~~~~~ C.Otv-.._ 

TO THE OFFICER OR OTHER PERSON SERVING TillS SUMMONS: You are hereby directed to serve a true copy of this summons, together with a true copy of the complaint mentioned therein, upon the individual(s) or other legal entity(ies) to whom or 

which this summons is directed, and to make your proof of service on the reverse hereof or upon a separate similar document which 

you shall attach hereto. . -&-~ - -~!:!__.__~~-~: ~~~}FORPLAINTIF __ -__ · d' ----~rr---- S) 

----~----- p.,-;;:_ ~ ~ 

. . 

According to ORCP 7 A, "a true copy of a summons and complaint" means an exact and complete copy of the original documents. No signed certification to that effect Is necessary. ~ FORM No.190-SUMMONS © 1985-2011 Stevens-Ness Law Publishing Co. 

·~-· Portland, OR www.stevensness.com BB 

Page 1 - SUMMONS. NO PART OF ANY STEVENS-NESS FORM MAY BE REPRODUCED IN ANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS. 

Case 3:15-cv-00402-MO Document 1-2 Filed 03/11/15 Page 8 of 9
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I 

PROOF OF SERVICE 

STATE OF ---------------------------------------• County of -------------------------------~ ---) ss. 

I hereby certify that I made service of the foregoing summons upon the individuals· and other legal entities to be served, named below, by delivering or leaving true copies of the summons and the complaint mentioned therein, certified to be such by the attorney for the plaintiff, as follows: 

Personal Service Upon lndividual[s) 

Upon ----------------------------------------------------------------------------------------------·by delivering such true copies to 

~ ----------------------------------------------------------------------------------------------------------------· personally and in person, 0 

f::l at--------------------------------------------------------------·-----------· on-----------------------------· at--------- o'clock ---.M. or; 

f::l Upon ---------------------------------------------------------------------------------------------·by delivering such true copies to r~ 

o; ------------------------------------------------------.-------------------------------------------------------· personally and in person, 

·~nat --------------·----------------------------------------------------------· on ------------------------------·at ----------- o'clock ---.M. 

:§ Substituted Service Upon lndividual{s)• 

'0 Upon --~-------~------------------------------------------------------------------~by delivering such true copies at his/her dwelling house 

!: ~:~~1-~~~~-~~:~~:·-~~~~~:-=======================================================================-~==============~~~~~s-~~:~-;;-~--~~~:: ~of age or older and a member of the household of the person served on -----------------------------------------------·at --------- o'clock ____ M. 8 Upon ------------------------------------------------------------------------------· by delivering such true copies at his/her dwelling house 

~: ::~~-~~~~-~~:~:~:·_~~~~~-=====================================================================================~~~~~s-~;:~:;n-~~~:: ;}:: of age or older and a member of the household of the person served on ------------------------------------------------· at ---------- o'clock ----M. 1 Office Service Upon lndividual{s)• 

Upon --------------------------------------------------------------------------· at the office which he/she maintains for the conduct of 

business at --------------------------------------------------------------------------------------------------------------- ------------. 

by leaving such true copies with ------------------------------------------------------------------------.:_ ____________ -------·the person who 

is apparently in charge, on----------------------------------------------· during normal working hours, at--------- o'clock, ____ M. 

Mail Service Upon lndividual{s)** 

Upon ------------------------------------------------------------------------------. by mailing such true copies to him/her by first class 

mail and ALSO by (check one): D certified or registered mail with return receipt requested 0 express mail. 

Service Upon Tenant(s) of a Mail Agent••• 

Upon -------------------------------------------------------------------------------------------------·by delivering such true copies to 

------------·---------·------------------------------------------------------, a person apparently in charge of ------------------------------· 

which is the place where the mail agent receives mail for the tenant(s), its address being -------------------------------------------------------------· 

on ---------------------------------------------,at _________ o'clock, ____ M. Prior to effecting such service, I made diligent inquiry but could not find 

the tenant(s) so served. 

Service on Corporations, Limited Liability Companies, Limited Partnerships, General and Limited Liability Partnerships or Unincorporated Associations 

Upon -------------------------------------------------------------------------------------------------------------------------·by (NAME OF CORPORATION, LIMITED LIABILITY COMPANY, ETC.) 

(a) delivering such true copies, personally and in person, to -------------------------------------- -----------------· ----------- who is a/the 

------------------------------------------ (Specify registered agent, officer (by title), managing member, general partner, etc.) thereof; OR 

(b) leaving such true copies with----------------------------------------------------------· the person who is apparently in charge of the 

office of_ ----------------------------------------------------------------·who is a/the-------------------------------------

(Specify registered agent, officer (by title) director, general partner, managing agent, etc.) thereof; 

31 __ -----------------------------------------------------------------------·on------------------------------· at--------- o'clock ---·M· 

Dated --------------------------------------------------------. I further certify that I am a competent person 18 years of age or older and a res- ident of the state of service or the State of Oregon, and that I am not a party to 

nor an officer, director or employee of, nor attorney for any party, corporate or 

otherwise; that the person, firm or corporation served by me is the identical person, firm or corporation nan1ed in the action. Sheriff 

By ------------------------------------------------------------ Dated -------------------------------,-----------------. Deputy 

---------------------------siG"N"AruR"E"-------------------·--------

ADDRESS 

cn=v------·-----------------·---srA"iE _____________ ziP~_-=::----p"HoN"E"-

llle signature lines on the left should be used only by an Oregon county sheriff or deputy. All other servers should complete the certification on the righl Th~ Proof of S&'eyice above con- tains most, but not all, of the permissible methods of service. For example, this form does not include proof of service upon a minor or Incompetent person. See ORCP J. D for permissi- ble service methods with respect to particular parties. -'->• 

'Where substituted or office service is used, the plaintiff, as soon as reasonably possible, shall cause to be mailed, by first class mail, true copies of the summons and the complaint to the defendant at defendant's dwelling house or usual place of abode, together with a statement otthe date, time and place at which such service was made. Use 5-N Form No. 1149, Notice of Substituted or Office Service, or the equivalent. 

-Service by mail may be made when required or allowed by ORCP 7 or by statute, except as otherwise permitted. If the summons and complaint are malted, this certification may be made 

either by the person completing the mailing or by the attorney for any party, stating the circumstances of mailing and including the return recelt as an attachment. 'An attorney com· 

~!~~;~a~~~~t ~~onu~~ig.e:~~e ~~~~~~a~~~~ ~':{~{~~-m the last paragraph of this document. Failure to serve a summons in accordance with RCP 7 and other ~~plicable rules aod 

'"Where service upon a tenant of a malt agent is used, the plainlllf, as soon as reasonably possible, shall cause to be mailed, by first class mail, true copies of the•summons and the complaint to the defendant(s) at the address at which the mall agent receives mall for the defendanl(s) and to any other mailing address of the defendant(s) then·known to the plalnUff, 

together with a statement of ~e,dateo)'""· and place at which delivery was made. 

Fage 2- SUMMONS. 

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