COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 1 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

Sean J. Riddell, OSB #013943

Email: sean.riddell@live.com

1300 SE Stark St. Suite 208

Portland, OR 97214 

Phone: 971-219-8453

Attorney for Plaintiff

 IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

MICHAEL SHUBIN, 

Plaintiff,

 vs.

REEDSPORT POLICE OFFICER A. GARDNER, in his 

individual capacity; REEDSPORT POLICE OFFICER JON 

HOLDER, in his individual capacity; REEDSPORT POLICE 

OFFICER RYAN FUAVER; in his individual capacity and the 

CITY OF REEDSPORT, a municipality, incorporated in the 

State of Oregon

Defendants.

Case No. 6:15-CV-289

COMPLAINT

42 U.S.C § 1983 CIVIL 

RIGHTS VIOLATIONS; and 

4th AMENDMENT 

VIOLATIONS

DEMAND FOR JURY TRIAL

$300,000.00 or an amount to 

be proven at trial

1.

This is a civil rights action brought by Michael Shubin (“Plaintiff”)

2.

Plaintiff alleges that during, and/or because of his unlawful arrest, detention and seizure 

on or about March 18, 2013, and Defendant Fauver’s unlawful seizure and use of excessive force 

of Plaintiff on or about January 20, 2014, the above captioned individual Defendants and the 

City of Reedsport: (a) violated Title 1983 of the Civil Rights Act, 42 U.S. C. §1983, through 

violations of civil rights guaranteed by the substantive and procedural components of the U.S. 
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 2 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

and Oregon Constitutions; (b) the City of Reedsport is liable for violating Title 1983 of the Civil 

Rights Act, 42 U.S.C. §1983, through establishing a pattern or policy of civil rights violations by 

ratifying a subordinate’s unconstitutional actions pursuant to Monell v. Department of Social 

Services, 436 US 658 (1978) and Adickes v. Kress, 398 US 144 (1970).

3.

Plaintiff seeks compensatory damages, punitive damages against all Defendants

in his individual capacity, and attorney’s fees and costs. 

4.

This civil action arises under the Constitution and laws of the United States, and 

therefore this Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343(a). 

5.

The actions giving rise to this complaint took place in the City of Reedsport, Douglas

County, Oregon.

6.

 Plaintiff was and is a resident of Oregon at all times material to this case. 

7.

Defendant City of Reedsport (“The City”) is a	
  municipality, incorporated	
  under	
  the	
  

laws	
  of the	
  State	
  of	
  Oregon,	
  and	
  responsible	
  under	
  state	
  law	
  for	
  the	
  acts	
  and	
  omissions of	
  

its	
  employees	
  and	
  officials,	
  including	
  those	
  whose	
  conduct	
  is	
  at	
  issue	
  herein.	
  	
  The	
  City	
  is	
  

responsible	
  for	
  the	
  constitutional	
  violations	
  at	
  issue	
  in	
  this	
  case	
  because	
  a	
  final	
  

policymaker	
  ratified	
  a	
  subordinate’s	
  unconstitutional	
  actions.	
  	
  

///
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 3 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

8.

At	
  all	
  material	
  times	
  herein,	
  Defendants	
  A.	
  Gardner,	
  Jon	
  Holder,	
  Ryan	
  Fauver

(“Defendant Gardner”,	
  “Defendant	
  Holder”,	
  “Defendant	
  Fauver”)	
  were Reedsport Police	
  

Officers acting	
  within	
  the	
  course	
  and scope	
  of	
  their	
  employment	
  and	
  are being	
  sued	
  in	
  their	
  

individual	
  capacity	
  as	
  such.	
  	
  Defendants carried	
  out	
  the	
  actions	
  complained	
  of	
  in	
  their

individual	
  capacity,	
  under	
  the	
  color	
  of	
  state	
  law,	
  and	
  in	
  the	
  course	
  and	
  scope	
  of	
  his	
  

employment	
  and	
  duties as	
  an	
  employee	
  of	
  the	
  City	
  of	
  Reedsport Police	
  Department.	
  

9.

Plaintiff	
  began	
  his	
  law	
  enforcement	
  career	
  in	
  1972	
  with	
  the	
  United	
  States	
  Air	
  Force	
  

as	
  a	
  Law	
  Enforcement	
  Specialist.	
  	
  Plaintiff	
  completed	
  his	
  military	
  service	
  with	
  a	
  Honorable	
  

Discharge	
  in	
  1976.	
  	
  Plaintiff	
  transferred	
  into	
  civilian	
  law	
  enforcement	
  with	
  the	
  West	
  Covina	
  

Police	
  Department.	
  	
  While	
  with	
  the	
  West	
  Covina	
  Police	
  Department	
  Plaintiff	
  served	
  as	
  a	
  

Patrol	
  Officer,	
  Police	
  Corporal,	
  Field	
  Training	
  Officer,	
  Field	
  Supervisor	
  and	
  Senior	
  

Patrolman.	
  	
  Plaintiff	
  accepted	
  a	
  promotion	
  to	
  Sergeant	
  with	
  the	
  Atascadero	
  Police	
  

Department	
  in	
  1980,	
  where	
  he	
  served	
  as	
  a	
  Watch	
  Commander	
  and	
  Field	
  Supervisor.	
  	
  

Plaintiff	
  left	
  the	
  Atascadero	
  Police	
  Department	
  in	
  1983	
  and	
  accepted	
  a	
  position	
  with	
  Persky	
  

and	
  Associates	
  as	
  a	
  security	
  and	
  protection	
  consultant.	
  	
  	
  Plaintiff	
  returned	
  to	
  law	
  

enforcement	
  in	
  1986	
  with	
  the	
  West	
  Covina	
  Police	
  Department	
  and	
  then	
  departed	
  in	
  1988	
  

to	
  serve	
  as	
  a	
  Special	
  Agent	
  with	
  the	
  California	
  Department	
  of	
  Justice.	
  	
  He	
  served	
  with	
  

California	
  Department	
  of	
  Justice	
  until	
  1998.	
  	
  Plaintiff	
  worked	
  with	
  several	
  private	
  

investigation	
  and	
  security	
  corporations	
  until	
  he	
  retired	
  to	
  Oregon	
  in	
  2006.	
  

///
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 4 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

10.

During	
  Plaintiff’s	
  law	
  enforcement	
  career	
  he	
  earned certifications and completed	
  

training	
  in, but	
  not	
  limited	
  to, the	
  following	
  subject	
  areas:	
  	
  Advanced	
  Officer	
  Certification;	
  	
  

Police	
  Supervisor	
  Certification;	
  Police	
  Management	
  Certification;	
  Firearms	
  Instructor;	
  Field	
  

Training	
  Officer;	
  Narcotic	
  Manufacturing;	
  Narcotic	
  Detection;	
  	
  and	
  a	
  Bachelors of	
  Science	
  

Degree	
  in	
  Sociology	
  from	
  California	
  State	
  University.	
  

11.

On or about February 16, 2013 Plaintiff attended the Confluence Festival in Reedsport, 

Oregon. While at the festival officers employed by the Reedsport Police Department contacted 

Plaintiff. During the contact Defendant Holder served as a cover officer for Reedsport Police 

Sergeant Tom Beck. There is sufficient information and belief to allege that, for some unknown 

reason and contrary to Reedsport Police Department policy and Defendant Holder’s training, 

Defendant Holder upholstered his service firearm and pointed his weapon at Plaintiff. Plaintiff 

was unarmed while attending the Confluence Festival and did not possess a physical danger to 

anyone present at the festival. Plaintiff repeatedly asked Defendant Holder to lower and a 

holstered his service firearm. Defendant Holder ignored Plaintiff’s requested and aimed his 

service firearm at Plaintiff throughout their contact. Plaintiff ended his conversation with 

Sergeant Beck. Sergeant Beck did not arrest Plaintiff and did not cite Plaintiff for any law 

violations at the end of their contact on February 16, 2013. 

12.

On March 17, 2013 Defendant Gardner executed a traffic stop on Plaintiff. Defendant 

Gardner claimed Plaintiff was traveling in excess of the posted speed limit. Defendant Gardner 
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 5 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

then asked Plaintiff to participate in field sobriety tests to determine if Plaintiff was under the 

influence of alcohol while operating his motor vehicle. Plaintiff agreed to participate in the field 

sobriety tests. Defendant Gardner conducted the Horizontal Gaze Nystagmus (HGN) and 

determined that Plaintiff was not under the influence and not in violation of any laws. There is 

sufficient information and belief to allege that Defendant Gardner began to tell Plaintiff he was 

free to go, when Defendant Holder intervened. 

13.

Defendant Holder arrived at some point after Defendant Gardner stopped Plaintiff. 

Defendant Holder stayed on the scene and served as Defendant Gardner’s cover officer. There is 

sufficient information and belief to allege that at some point during the traffic stop Defendant 

Holder and Defendant Gardner discussed Defendant Holder’s contact with Plaintiff at the 

Confluence Festival on or about February 16, 2013. 

14.

There is sufficient information and belief to allege, Defendant Holder and Defendant 

Gardner did not allow Plaintiff to go free after the first HGN test in order to harass and annoy 

Plaintiff because he instructed Defendant Holder to lower his service weapon and not aim his 

service weapon at Plaintiff at the Confluence Festival on or about February 16, 2013. 

15.

There is sufficient information and belief to allege, Defendant Gardner participated in 

one or more of the following actions to deprive Plaintiff a video record of the March 17, 2013 

traffic stop: 
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 6 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

a. did not properly activate the video surveillance system in his Reedsport Police 

vehicle; 

b. did not activate the video surveillance system to record the entire encounter; 

c. did not position himself and Plaintiff to facilitate the video recording of the entire 

encounter; 

d. did not take the proper actions in accordance with Reedsport Police Department 

policy to properly preserve the video recording of his encounter with Plaintiff on 

March 17, 2013. 

16.

There is sufficient information and belief to allege, Defendant Holder intervened and held 

Plaintiff at the traffic stop without probable cause Plaintiff committed a crime, but to harass and 

annoy Plaintiff. Despite Defendant Gardner’s determination Plaintiff was safe to drive, 

Defendant Holder asked Plaintiff if he would consent to further field sobriety tests. Plaintiff did 

not feel he could refuse the request of Defendant Holder, because of Defendant Holder’s 

previous exhibitions of aggression, and consented to further field sobriety tests.

17.

There is sufficient information and belief to allege, Defendant Holder participated in one 

or more of the following actions to deprive Plaintiff a video record of the second set of field 

sobriety tests during the March 17, 2013 traffic stop: 

a. did not properly activate the video surveillance system in his Reedsport Police 

vehicle; 

b. did not activate the video surveillance system to record the entire encounter; 
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 7 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

c. did not position himself and Plaintiff to facilitate the video recording of the entire 

encounter; 

d. did not position himself and Plaintiff in front of his Reedsport Police vehicle rather 

than Defendant Gardner’s vehicle;

e. did not take the proper actions in accordance with Reedsport Police Department 

policy to properly preserve the video recording of his encounter with Plaintiff on 

March 17, 2013. 

18.

There is sufficient information and belief to allege Defendant Holder and Defendant 

Gardner falsely reported Plaintiff’s actions during the second field sobriety tests, arrested, 

detained and issued Plaintiff criminal citations for Driving Under the Influence of Intoxicants, 

Reckless Driving and Driving in Excess of the Speed Limit without probable cause and in 

violation of Plaintiff’s constitutional rights. 

19.

Upon release, Plaintiff immediately requested an Oregon Department of Motor Vehicle 

hearing to challenge his Oregon Driver’s License suspension associated with Defendant Holder’s 

and Defendant Gardner’s unlawful arrest of Plaintiff for Driving Under the Influence of 

Intoxicants. 

20.

Plaintiff, Defendant Gardner, Defendant Holder and Reedsport Police Officer Sergeant 

Beck participated in the Oregon Department of Motor Vehicles license suspension hearing on 

April 3rd and April 14th of 2013. 
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 8 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

21.

During the hearing Defendant Gardner admitted under oath that:

a. Plaintiff did not exhibit sufficient “clues” during the first HGN test to conclude 

Plaintiff was driving under the influence of intoxicants; 

b. Defendant Gardner thought Plaintiff was safe to drive until Defendant Holder 

intervened;

c. Defendant Gardner did not witness Plaintiff driving recklessly and only issued 

Defendant a criminal citation for Reckless Driving because it was the City Attorney’s 

policy regardless of the driving exhibited by the Plaintiff;

d. Defendant Gardner and Defendant Holdner did not provide Plaintiff and Plaintiff’s 

Attorney with the videotape of the March 17, 2013 traffic stop for the Oregon 

Department of Motor Vehicle training, despite Plaintiff’s Attorney request for all 

relevant evidence.

e. During the March 17, 2013 traffic stop, Defendant Gardner and Defendant Holder 

discussed Defendant Holder’s contact with Plaintiff at the Confluence Festival on 

February 16, 2013. 

22.

During the hearing Defendant Holder was asked repeatedly about his contact with 

Plaintiff at the Confluence Festival on February 16, 2013. Defendant Holder repeatedly refused 

to answer questions about his contact with Plaintiff at the Confluence Festival and deliberately 

would not address whether he holds any personal animosity or bias toward the Plaintiff. 

///
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 9 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

23.

On or about May 1, 2013 Administrative Law Judge Cheryl A. Buckley of the Oregon 

Office of Administrative Hearings found that:

a. Defendant Gardner did not have probable cause to detain or arrest Plaintiff;

b. Defendant Gardner did not have a subjective belief Plaintiff was Driving Under the 

Influence after Defendant Gardner completed the HGN test.

c. Officer Holder’s did not have a subjective belief that Plaintiff committed a crime 

when Defendant Holder requested Defendant submit to further field sobriety tests 

after Defendant Gardner determined Plaintiff was not under the influence of 

intoxicants. 

24. 

On or about May 9, 2013 the City Prosecutor for the City of Reedsport, Amy 

Muenchrath, dismissed the Driving Under of the Influence of Intoxicants and Reckless Driving 

charges “in the interest of justice.”

25.

On or about July 3, 2013 Plaintiff appeared in a court of law and disputed Defendant 

Gardner’s issuance of a citation for driving in excess of the speed limit on March 17, 2013. 

Defendant Gardner and Defendant Fauve were present in the courtroom. After hearing 

testimony and argument from Defendant Gardner and Plaintiff, the presiding authority dismissed 

the citation Defendant Gardner issued to Plaintiff for driving in excess of the speed limit on 

March 17, 2013. 

///
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 10 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

26.

On September 12, 2013 Plaintiff, through counsel, sent a Tort Claim Notice to the City of 

Reedsport pursuant to ORS 30.275. 

27.

On or about January 20, 2014, Plaintiff requested emergency services through the local 

911 services. Plaintiff was hosting a small dinner party with a friend, when a local mentally ill 

woman entered his home, ingested alcohol and became physically violent. 

28.

Douglas County Deputy Lohf responded to Plaintiff’s call for emergency services on 

January 20, 2014. Deputy Lohf entered Plaintiff’s home and found Plaintiff physically 

restraining an out of control and violent woman. Deputy Lohf knew the woman from previous 

contacts. Deputy Lohf took control of the woman, handcuffed her and Plaintiff moved to the 

opposite side of the room. 

29.

Defendant Fauver arrived after Deputy Lohf had the woman in custody. Deputy Lohf 

informed Defendant Fauver the situation was under control. Despite Deputy Lohf’s instruction, 

Defendant Fauver entered the room and without provocation tackled Plaintiff. Defendant 

Fauver then rammed his knee into Plaintiff’s groin, grabbed Plaintiff’s arm and began to twist 

Plaintiff’s arm. Both Plaintiff’s house guest Tina Logowski and Deputy Lohf repeatedly told 

Defendant Fauver that Plaintiff was the victim in the incident and the situation was under 

control. Deputy Lohf eventually intervened and pulled Defendant Fauver away from Plaintiff. 

///
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 11 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

30.

Plaintiff immediately felt pain emanating from his lower back, had trouble sleeping that 

evening and needed to ingest ibuprofen to find relief. On or about January 23, 2014 Plaintiff 

visited the Emergency Room located at the Lower Umpqua Hospital. The treating professional 

diagnosed Plaintiff with Epididymitis caused by sudden blunt force trauma. 

31.

There is sufficient information and belief to allege Deputy Lohf did not document 

Defendant Fauver’s assault of Plaintiff on January 21, 2014 in violation of Douglas County 

Policies and Procedures. 

32.

There is sufficient information and belief to allege Defendant Fauver did not author an 

incident report related to the January 21, 2014 incident in violation of Reedsport Police 

Department’s Policies and Procedures. 

CLAIMS FOR RELIEF

33.

Plaintiff brings claims under 42	
  USC	
  §	
  1983,	
  for	
  violations	
  of	
  his	
  Fourth	
  Amendment	
  

rights	
  including:	
   excessive	
  force	
  resulting in injury	
  and;	
  unreasonable seizure/detainment

lacking	
  in	
  probable cause.	
  

34.

Plaintiff seeks	
  an	
  award of	
  economic	
  damages,	
  non-­‐economic	
  damages, punitive	
  

damages	
  where	
  appropriate, attorney fees	
  and	
  litigation	
  expenses/costs	
  against	
  

defendants.
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 12 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

FIRST CLAIM FOR RELIEF

(Violation of Fourth Amendment – Unreasonable Arrest)

(42 U.S.C. § 1983 –– Defendant Holder and Defendant Gardner)

(March 17, 2013)

35.

Paragraphs 1 through 34 are incorporated by reference herein.

36.

By their actions as described herein, Defendants Holder and Gardner, under color of 

statute, ordinance, regulation, custom, or usage, subjected Plaintiff to deprivation of rights, 

privileges, or immunities secured by the Constitution and laws; namely, Plaintiff’s right to 

freedom from unreasonable search and seizure of his person without probable cause, a warrant, 

or consent. Defendants Holder and Gardner executed a traffic stop, conducted a search, 

conducted field sobriety tests, and detained Plaintiff without probable cause. 

37.

The actions of Defendants Holder and Gardner, as described in this complaint, were 

malicious, deliberate, intentional, and embarked upon with the knowledge of, or in conscious 

disregard of, the harm that would be inflicted upon Plaintiff. As a result of said intentional 

conduct, Plaintiff is entitled to punitive damages against Defendants Holder and Gardner, in their 

individual capacity, in an amount sufficient to punish them and to deter others from like conduct. 

38.

Defendants	
  Holder	
  and	
  Gardner violated	
  rights	
  held	
  by	
  Plaintiff	
  which	
  were	
  clearly	
  

established,	
  and	
  no	
  reasonable	
  official	
  similarly	
  situated	
  to	
  the	
  individual	
  defendants	
  could	
  

have	
  believed	
  that	
  their	
  conduct	
  was	
  lawful	
  or	
  within	
  the	
  bounds	
  of	
  reasonable	
  discretion.	
  	
  
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 13 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

Defendants	
  Holder	
  and	
  Gardner therefore	
  lack	
  qualified	
  or	
  statutory	
  immunity	
  from	
  suit	
  or	
  

liability.	
  

39.

As	
  a	
  direct	
  and	
  proximate	
  result	
  of	
  the	
  actions described	
  herein,	
  Plaintiff	
  sustained	
  

actual	
  damages,	
  including	
  attorney	
  fees	
  and	
  legal	
  expenses;	
  physical	
  injury;	
  pain	
  and	
  

suffering;	
  injury,	
  loss	
  of	
  liberty;	
  mental	
  and	
  emotional	
  suffering;	
  worry;	
  fear;	
  anguish;	
  

shock;	
  anxiety;	
  nervousness;	
  chronic	
  stress;	
  depression;	
  and	
  is	
  entitled	
  to	
  all	
  of his	
  

damages	
  in	
  an	
  amount	
  to	
  be	
  ascertained	
  according	
  to	
  proof	
  at	
  trial.	
  	
  

40.

As	
  a	
  direct	
  and	
  proximate	
  result	
  of	
  Defendants’ conduct,	
  Plaintiff	
  was	
  required	
  to	
  

seek	
  medical	
  services	
  and	
  treatment	
  for	
  his	
  injuries	
  in	
  an	
  amount	
  to	
  be	
  determined	
  at	
  trial,	
  

and	
  will,	
  in	
  the	
  future,	
  be	
  compelled	
  to	
  incur	
  additional	
  medical	
  expenses	
  and	
  loss	
  of	
  wages	
  

for	
  medical	
  treatment	
  including.

41.

Plaintiff	
  was	
  required	
  to	
  hire	
  attorneys	
  to	
  represent	
  him	
  in	
  this	
  matter	
  and	
  is	
  thus	
  

entitled	
  to	
  reasonable	
  attorneys’	
  fees	
  and	
  costs	
  pursuant	
  to	
  42	
  U.S.C.	
  §1988.	
  	
  

SECONF CLAIM FOR RELIEF

(Violation of 42 U.S.C. §1983; Monell; Adickes – Municipal Liability)

(March 17, 2013)

42.

Paragraphs	
  1	
  through	
  41 are	
  incorporated	
  by	
  reference	
  herein.

///

///
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 14 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

43.

On	
  information	
  and	
  belief,	
  Reedsport Police	
  Officers	
  have	
  made	
  other	
  similar	
  false	
  

arrests,	
  and	
  The	
  City	
  has	
  expressly	
  encouraged	
  or	
  acquiesced	
  in	
  this	
  unlawful	
  behavior,	
  has	
  

ratified	
  said	
  conduct	
  through	
  the	
  internal	
  affairs	
  process,	
  and/or	
  tacitly	
  encouraged	
  or	
  

acquiesced	
  in	
  it	
  by	
  failing	
  to	
  train,	
  supervise,	
  or	
  discipline	
  its	
  officers,	
  thus	
  evincing	
  

deliberate	
  indifference	
  to	
  Plaintiff’s	
  constitutional	
  rights,	
  sufficient	
  to	
  support	
  a	
  verdict	
  that	
  

The	
  City’s	
  policy,	
  custom,	
  or	
  practice	
  caused	
  the	
  false	
  and	
  excessively	
  forceful	
  arrest	
  of	
  

Plaintiff	
  and	
  subsequent	
  prosecution	
  of	
  Plaintiff.	
  	
  

44.

It	
  was	
  the	
  policy	
  and/or	
  custom	
  of	
  the	
  City	
  of	
  Reedsport to	
  inadequately	
  supervise	
  

and	
  train	
  its	
  officers,	
  including	
  the	
  defendant	
  officers,	
  thereby	
  failing	
  to	
  adequately	
  

discourage	
  further	
  constitutional	
  violations	
  on	
  the	
  part	
  of	
  its	
  officers,	
  the	
  City	
  of	
  Reedsport

did	
  not	
  require	
  appropriate	
  in-­‐service	
  training	
  or	
  re-­‐training	
  of	
  officers	
  regarding	
  the	
  

proper	
  circumstances	
  under	
  which	
  they	
  can	
  arrest	
  and	
  detain	
  a	
  person	
  suspected	
  of	
  

driving	
  under	
  the	
  influence	
  of	
  intoxicants.	
  	
  

45.

As	
  described	
  above	
  and	
  at	
  least	
  in	
  part,	
  one	
  or	
  more	
  of	
  the	
  City	
  of	
  Reedsport’s	
  

policies,	
  official	
  well-­‐established	
  practices	
  or	
  acts	
  caused	
  the	
  violation	
  of	
  Plaintiff’s right	
  

not	
  to	
  be	
  subjected	
  to	
  excessive	
  physical	
  force	
  and	
  his	
  resulting	
  injuries,	
  as	
  guaranteed	
  by	
  

the	
  Fourth	
  Amendment	
  to	
  the	
  United	
  States	
  Constitution.
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 15 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

46.

The	
  City	
  is	
  liable	
  for	
  the	
  unconstitutional	
  policy,	
  custom,	
  and/or	
  practice	
  of	
  failing	
  to	
  

train,	
  supervise,	
  investigate	
  and/or	
  discipline	
  officers	
  regarding	
  constitutional	
  rights	
  of	
  

citizens	
  to	
  be	
  free	
  from	
  unlawful	
  and	
  unreasonable	
  searches	
  and	
  seizures	
  including	
  the	
  

right	
  to	
  be	
  free	
  from	
  excessive	
  physical	
  force	
  as	
  guaranteed	
  by	
  the	
  Fourth	
  Amendment to

the	
  United	
  States	
  Constitution.

47.

As	
  a	
  direct	
  and	
  proximate	
  result	
  of	
  the	
  actions	
  described	
  herein,	
  Plaintiff	
  sustained	
  

actual	
  damages,	
  including	
  attorney	
  fees	
  and	
  legal	
  expenses;	
  physical	
  injury;	
  pain	
  and	
  

suffering;	
  chronic	
  back	
  pain	
  and	
  injury,	
  loss	
  of	
  liberty;	
  mental	
  and	
  emotional	
  suffering;	
  

worry;	
  fear;	
  anguish;	
  shock;	
  anxiety;	
  nervousness;	
  chronic	
  stress;	
  depression;	
  and	
  loss	
  of	
  

ability	
  to	
  fully	
  perform	
  certain	
  job	
  duties;	
  loss	
  of	
  ability	
  to	
  enjoy	
  certain	
  recreational	
  and	
  

leisure	
  activities;	
  loss	
  of	
  ability	
  enjoy	
  a	
  variety	
  of	
  activities	
  with	
  family	
  members	
  and	
  

friends;	
  and	
  is	
  entitled	
  to	
  all	
  of his	
  damages	
  in	
  an	
  amount	
  to	
  be	
  ascertained	
  according	
  to	
  

proof	
  at	
  trial.	
  	
  

48.

As	
  a	
  direct	
  and	
  proximate	
  result	
  of	
  Defendants’	
  conduct,	
  Plaintiff	
  was	
  required	
  to	
  

seek	
  medical	
  services	
  and	
  treatment	
  for	
  his	
  injuries	
  in	
  an	
  amount	
  to	
  be	
  determined	
  at	
  trial,	
  

and	
  will,	
  in	
  the	
  future,	
  be	
  compelled	
  to	
  incur	
  additional	
  medical	
  expenses and	
  loss	
  of	
  wages

for	
  medical	
  treatment	
  including,	
  but	
  not	
  limited	
  to	
  expenses	
  incurred	
  for	
  invasive	
  back	
  

surgery.
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 16 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

49.

Plaintiff	
  was	
  required	
  to	
  hire	
  attorneys	
  to	
  represent	
  him	
  in	
  this	
  matter	
  and	
  is	
  thus	
  

entitled	
  to	
  reasonable	
  attorneys’	
  fees	
  and	
  costs	
  pursuant	
  to	
  42	
  U.S.C.	
  §1988.	
  	
  

THIRD	
  CLAIM	
  FOR	
  RELIEF

(Violation of Fourth Amendment – Excessive Use of Force)

(42 U.S.C. § 1983 – Defendant Fauver)

(January 20, 2014)

50.

Paragraphs 1 through 49 are incorporated herein by reference. 

51.

By their actions as described herein, Defendant Fauver, under color of statute, ordinance, 

regulation, custom, or usage, subjected Plaintiff to the deprivation of his rights, privileges, and 

immunities secured by the Constitution and laws; namely, Plaintiff’s right to freedom from 

unreasonable search and seizure and by the use of excessive force. 

52.

The actions of Defendant Fauver, as described in this complaint, were malicious, 

deliberate, intentional, and embarked upon with the knowledge of, or in conscious disregard of, 

the harm that would be inflicted upon Plaintiff. As a result of said intentional conduct, Plaintiff 

is entitled to punitive damages against Defendant Fauver, in his individual capacity, in an 

amount sufficient to punish him and to deter others from like conduct. 

53.

Defendant Fauver violated rights held by Plaintiff which were clearly established, and no 

reasonable official similarly situated to the individual defendant could have believed that his 
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 17 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

conduct was lawful or within the bounds of reasonable discretion. Defendant Fauver therefore 

does not have qualified or statutory immunity from suit or liability. 

54.

As a direct and proximate result of the actions described herein, Plaintiff sustained actual 

damages, including attorney fees and legal expenses; physical injury; pain and suffering; loss of 

liberty; mental and emotional suffering; worry; fear; anguish; shock; anxiety; nervousness; 

chronic stress; depression; and is entitled to all to his damages in an amount to be ascertained 

according to proof at trial. 

55.

As a direct and proximate result of Defendant’s conduct, Plaintiff was required to seek 

medical services and treatment in an amount to be determined at trial, and will, in the future, be 

compelled to incur additional medical expenses.

56.

Plaintiff was required to hire attorneys to represent him in this matter and is thus entitled 

to reasonable attorneys’ fees and costs pursuant to 42 U.S.C. §1988. 

FOURTH CLAIM FOR RELIEF

(Violation of 42 U.S.C. §1983; Monell; Adickes – Municipal Liability)

(January 20, 2014)

57.

Paragraphs	
  1	
  through	
  56 are	
  incorporated	
  by reference	
  herein.

58.

On	
  information	
  and	
  belief,	
  Reedsport Police	
  Officers	
  have	
  made	
  other	
  similar	
  acts	
  of	
  

excessive	
  force,	
  and	
  The	
  City	
  has	
  expressly	
  encouraged	
  or	
  acquiesced	
  in	
  this	
  unlawful	
  
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 18 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

behavior,	
  has	
  ratified	
  said	
  conduct	
  through	
  the	
  internal	
  affairs	
  process,	
  and/or	
  tacitly	
  

encouraged	
  or	
  acquiesced	
  in	
  it	
  by	
  failing	
  to	
  train,	
  supervise,	
  or discipline	
  its	
  officers,	
  thus	
  

evincing	
  deliberate	
  indifference	
  to	
  Plaintiff’s	
  constitutional	
  rights,	
  sufficient	
  to	
  support	
  a	
  

verdict	
  that	
  The	
  City’s	
  policy,	
  custom,	
  or	
  practice	
  caused	
  the	
  false	
  and	
  excessively	
  forceful	
  

arrest	
  of	
  Plaintiff	
  and	
  subsequent	
  prosecution	
  of	
  Plaintiff.	
  	
  

59.

It	
  was	
  the	
  policy	
  and/or	
  custom	
  of	
  the	
  City	
  of	
  Reedsport to	
  inadequately	
  supervise	
  

and	
  train	
  its	
  officers,	
  including	
  the	
  defendant	
  officer,	
  thereby	
  failing	
  to	
  adequately	
  

discourage	
  further	
  constitutional	
  violations	
  on	
  the	
  part	
  of	
  its	
  officers,	
  the	
  City	
  of	
  Reedsport

did	
  not	
  require	
  appropriate	
  in-­‐service	
  training	
  or	
  re-­‐training	
  of	
  officers	
  regarding	
  the	
  

proper	
  circumstances	
  to	
  use	
  physical	
  force.	
  	
  

60.

As	
  described	
  above	
  and	
  at	
  least	
  in	
  part,	
  one	
  or	
  more	
  of	
  the	
  City	
  of	
   Reedsport’s	
  

policies,	
  official	
  well-­‐established	
  practices	
  or	
  acts	
  caused	
  the	
  violation	
  of	
  Plaintiff’s right	
  

not	
  to	
  be	
  subjected	
  to	
  excessive	
  physical	
  force	
  and	
  his	
  resulting	
  injuries,	
  as	
  guaranteed	
  by	
  

the	
  Fourth	
  Amendment	
  to	
  the	
  United	
  States	
  Constitution.

61.

The	
  City	
  is	
  liable	
  for	
  the	
  unconstitutional	
  policy,	
  custom,	
  and/or	
  practice	
  of	
  failing	
  to	
  

train,	
  supervise,	
  investigate	
  and/or	
  discipline	
  officers	
  regarding	
  constitutional	
  rights	
  of	
  

citizens	
  to	
  be	
  free	
  from	
  unlawful	
  and	
  unreasonable	
  searches	
  and	
  seizures	
  including	
  the	
  

right	
  to	
  be	
  free	
  from	
  excessive	
  physical	
  force	
  as	
  guaranteed	
  by	
  the	
  Fourth	
  Amendment	
  to

the	
  United	
  States	
  Constitution
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 19 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

62.

As	
  a	
  direct	
  and	
  proximate	
  result	
  of	
  the	
  actions	
  described	
  herein,	
  Plaintiff	
  sustained	
  

actual	
  damages,	
  including	
  attorney	
  fees	
  and	
  legal	
  expenses;	
  physical	
  injury;	
  pain	
  and	
  

suffering;	
  chronic	
  back	
  pain	
  and	
  injury,	
  loss	
  of	
  liberty;	
  mental	
  and	
  emotional	
  suffering;	
  

worry;	
  fear;	
  anguish; shock;	
  anxiety;	
  nervousness;	
  chronic	
  stress;	
  depression;	
  and	
  loss	
  of	
  

ability	
  to	
  fully	
  perform	
  certain	
  job	
  duties;	
  loss	
  of	
  ability	
  to	
  enjoy	
  certain	
  recreational	
  and	
  

leisure	
  activities;	
  loss	
  of	
  ability	
  enjoy	
  a	
  variety	
  of	
  activities	
  with	
  family	
  members	
  and	
  

friends;	
  and	
  is	
  entitled	
  to	
  all	
  of his	
  damages	
  in	
  an	
  amount	
  to	
  be	
  ascertained	
  according	
  to	
  

proof	
  at	
  trial.	
  	
  

63.

As	
  a	
  direct	
  and	
  proximate	
  result	
  of	
  Defendant’s conduct,	
  Plaintiff	
  was	
  required	
  to	
  

seek	
  medical	
  services	
  and	
  treatment	
  for	
  his	
  injuries	
  in	
  an	
  amount	
  to	
  be	
  determined	
  at	
  trial,	
  

and	
  will,	
  in	
  the	
  future,	
  be	
  compelled	
  to	
  incur	
  additional	
  medical	
  expenses and	
  loss	
  of	
  wages

for	
  medical	
  treatment	
  including,	
  but	
  not	
  limited	
  to	
  expenses	
  incurred	
  for	
  invasive	
  back	
  

surgery.

64.

Plaintiff	
  was	
  required	
  to	
  hire	
  attorneys	
  to	
  represent	
  him	
  in	
  this	
  matter	
  and	
  is	
  thus	
  

entitled	
  to	
  reasonable	
  attorneys’	
  fees	
  and	
  costs	
  pursuant	
  to	
  42	
  U.S.C.	
  §1988.	
  	
  

RELIEF	
  REQUESTED

WHEREFORE,	
  Plaintiff	
  respectfully	
  requests	
  that	
  the	
  Court:	
  

a. Award	
  Plaintiff	
  compensatory	
  damages	
  in	
  an	
  amount	
  to	
  be	
  ascertained	
  

according	
  to	
  proof;
COMPLAINT – DEMAND FOR A JURY TRIAL 

Page | 20 SEAN RIDDELL

1300 SE STARK ST. SUITE 208

PORTLAND, OR 97214

971.219.8453

b. Award	
  punitive	
  damages	
  against	
  Defendants	
  Holder,	
  Gardner	
  and	
  Fauver	
  

in	
  their individual	
  capacities,	
  in	
  an	
  amount	
  sufficient	
  to	
  punish	
  them and	
  

deter	
  others	
  from	
  like	
  conduct;

c. Award	
  punitive	
  damages	
  against	
  Defendant	
  City	
  of	
  Reedsport	
  in	
  an	
  

amount	
  sufficient	
  to	
  punish	
  them	
  and	
  deter	
  others	
  from	
  like	
  conduct;

d. Award	
  Plaintiff	
  his	
  reasonable	
  attorney’s	
  fees	
  and	
  costs;	
  and

e. Grant	
  Plaintiff	
  such	
  other	
  and	
  further	
  relief	
  as	
  this	
  Court	
  deems	
  just	
  and	
  

proper.	
  	
  

Dated	
  this	
  19th day	
  of	
  February,	
  2015.	
  	
  

Sean J. Riddell 

Sean	
  J.	
  Riddell;	
  OSB	
  #013943

Attorney	
  for	
  Plaintiff