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Bayes Complaint: harmful or offensive physical contact against veteran by Federal Protective Services (FPS)

Bayes Complaint: harmful or offensive physical contact against veteran by Federal Protective Services (FPS)

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Published by: mary eng on Mar 18, 2014
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08/15/2014

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Matthew G. McHenry, OSB No. 04357
Levine & McHenry LLC
1001 SW Fifth Avenue, Suite 1414 Portland, OR 97204 Telephone: 503.546.3927 Fax: 503.224.3203 Of Attorneys for Plaintiff William Bayes
 
UNITED STATES DISTRICT COURT DISTRICT OF OREGON WILLIAM BAYES Plaintiff, vs. UNITED STATES OF AMERICA; FPS OFFICER ONE; FPS OFFICER TWO; FPS OFFICER THREE; FPS OFFICER FOUR (STUART) Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Civil Case No. 3:14-cv-409
 
CIVIL ACTION DEMAND FOR JURY TRIAL
COMPLAINT I. PRELIMINARY STATEMENT
1. This is an action brought under the Federal Tort Claims Act and the United States Constitution related to defendants’ unlawful conduct in unlawfully and unreasonably seizing  plaintiff William Bayes, committing assault and battery against plaintiff William Bayes, and in unlawfully arresting and maliciously prosecuting plaintiff William Bayes. Page 1 COMPLAINT
MATTHEW MCHENRY  Attorney at Law LEVINE & MCHENRY LLC 1001 SW Fifth Avenue, Suite 1414 Portland, OR 97204 Tel: 503.546.3927 Fax: 503.224.3203
 
Case 3:14-cv-00409-SI Document 1 Filed 03/12/14 Page 1 of 9 Page ID#: 1
 
 
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II. JURISDICTION AND VENUE
2. This Court has jurisdiction over the subject matter of this Complaint under 28 U.S.C. §§ 1331, 1346(b), and 1367. 3. On March 14, 2013, an Administrative Tort Claim was submitted by plaintiff to the Federal Protective Service (FPS). The claim was denied on November 5, 2013. 4. Venue is properly within this District under 28 U.S.C. § 1042(b) as plaintiff resides in Oregon and the actions at issue in this matter occurred in Portland, Oregon.
III. PARTIES
5. Plaintiff William Bayes, who is 47 years old, was at all times relevant to this complaint a resident of Oregon. 6. Defendant United States of America is the appropriate defendant under the Federal Tort Claims Act. 7. Defendant FPS Officer One was at all times relevant to this Complaint employed as an officer by the Federal Protective Service (FPS) and assigned to work at the Disabled American Veterans (DAV) office within the regional office of the United States Department of Veterans Affairs (USDVA). He is sued in his individual capacity. 8. Defendant FPS Officer Two was at all times relevant to this Complaint employed as an officer by the Federal Protective Service (FPS) and assigned to work at the Disabled American Veterans (DAV) office within the regional office of the United States Department of Veterans Affairs (USDVA). He is sued in his individual capacity. 9. Defendant FPS Officer Three was at all times relevant to this Complaint employed as an officer by the Federal Protective Service (FPS) and assigned to work at the Disabled American Page 2 COMPLAINT
MATTHEW MCHENRY  Attorney at Law LEVINE & MCHENRY LLC 1001 SW Fifth Avenue, Suite 1414 Portland, OR 97204 Tel: 503.546.3927 Fax: 503.224.3203
 
Case 3:14-cv-00409-SI Document 1 Filed 03/12/14 Page 2 of 9 Page ID#: 2
 
 
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Veterans (DAV) office within the regional office of the United States Department of Veterans Affairs (USDVA). He is sued in his individual capacity. 10. Defendant FPS Officer Four, who plaintiff believes has a last name of Stuart, was at all times relevant to this Complaint employed as an officer by the Federal Protective Service (FPS) and assigned to work at the Disabled American Veterans (DAV) office within the regional office of the United States Department of Veterans Affairs (USDVA). He is sued in his individual capacity. 11. At all times relevant to this Complaint, defendants FPS Officer One, Two, Three, and Four (Stuart) were acting within the scope and course of their employment with the FPS. 12. At all times relevant to this Complaint, defendants FPS Officer One, Two, Three, and Four (Stuart) acted in concert and conspiracy and were jointly and severally responsible for the harms caused to plaintiff.
IV. FACTUAL ALLEGATIONS
13. On the morning of December 12, 2012, plaintiff Bayes, a disabled American veteran suffering from Post-Traumatic Stress Disorder, came to the Disabled American Veteran’s (DAV) office within the regional office of the United States Department of Veterans Affairs on the second floor of the 100 SW Main Street building in Portland, OR, for an appointment. 14. Plaintiff Bayes had a knee brace on each knee and was walking with the aid of a cane. 15. The security checkpoint in the DAV office suite was staffed by three members of the Federal Protective Service (FPS)—defendants FPS Officer One, Two, and Three. Page 3 COMPLAINT
MATTHEW MCHENRY  Attorney at Law LEVINE & MCHENRY LLC 1001 SW Fifth Avenue, Suite 1414 Portland, OR 97204 Tel: 503.546.3927 Fax: 503.224.3203
 
Case 3:14-cv-00409-SI Document 1 Filed 03/12/14 Page 3 of 9 Page ID#: 3

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