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Edie Rogoway, OSB #000935
Email: edie@edielaw.com
Rogoway Law
6312 SW Capitol Highway #1102
Portland OR 97239
Phone: 503-334.0331
Fax: 503-334.0366

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

JERMAINE E. ROBINSON,

Plaintiff,

vs.

WILLIAM BLOOD, in his individual capacity;
BRIAN WILBUR, in his individual capacity;
CITY OF HILLSBORO,

Defendants.
Case No. 3:14-CV-00903

COMPLAINT

42 U.S.C § 1983 CIVIL
RIGHTS VIOLATIONS;
SUPPLEMENTAL STATE
CLAIMS

DEMAND FOR JURY
TRIAL

1.
NATURE OF THE ACTION
2.
This is a civil rights action brought by Jermaine Robinson (“Plaintiff”)
3.
Plaintiff alleges that during, and/or because of his unlawful arrest, detention, and
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incarceration the above captioned individual defendants, William Blood and Brian Wilbur, and
the City of Hillsboro: (a) violated Title 1983 of the Civil Rights Act, through violations of civil
rights guaranteed by the substantive, procedural, and due process components of the U.S. and
Oregon Constitutions; (b) the City of Hillsboro 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); (c) individually listed
Defendants are liable for assault and battery under state law; (d) The City of Hillsboro is liable
for the individual defendants’ violations of assault and battery, under the theory of respondent
superior.
4.
Plaintiff seeks compensatory damages, punitive damages against defendants Blood
and Wilbur in their individual capacities, and attorney’s fees and costs.
5.
JURISDICTION AND VENUE

6.
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).
7.
With regard to state law claims, this Court has supplemental jurisdiction under 28
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U.S.C. § 1367 thus venue is properly vested in this Court pursuant to 28 U.S.C. § 1391(b).
8.
The actions giving rise to this complaint took place in the City of Hillsboro, Washington
County, Oregon.
9.
PARTIES
10.
Plaintiff Jermaine E. Robinson (“Plaintiff ”) was a resident of Hillsboro, Oregon at all
times material to this case.
11.
Defendant City of Hillsboro (“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.
12.
At all material times herein, Defendant William Blood (“Defendant Blood”) was a
Hillsboro Police Officer acting within the course and scope of his employment and is being sued
in his individual capacity as such. Defendant Blood carried out the actions complained of in his
individual capacity, under the color of state law, and in the course and scope of his employment
and dues as an employee of the City of Hillsboro Police Department.
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13.
At all material times herein, Defendant Brian Wilbur (“Defendant Wilbur”) was a
Hillsboro Police Officer acting within the course and scope of his employment and is being sued
in his individual capacity as such. Defendant Wilbur carried out the actions complained of in his
individual capacity, under the color of state law, and in the course and scope of his employment
and dues as an employee of the City of Hillsboro Police Department.
14.
BACKROUND FACTS
15.
On the evening of June 15, 2012, Plaintiff was exercising on his bicycle near his
residence when he was stopped by Hillsboro Police Officer William Blood (“Defendant Blood”),
purportedly for committing bicycle violations.
16.
On information and belief, Defendant Blood refused to respond to Plaintiff’s inquiry as to
why he was being questioned and detained, and when Plaintiff asked if he was free to leave,
Defendants Blood and Wilbur violently grabbed Plaintiff and threw him off of his bicycle.
Plaintiff was then Tasered twice by Defendant Wilbur, thrown to the ground, and hit with a knee
strike in the back by Defendant Blood, causing Plaintiff to sustain serious injuries. Plaintiff
was handcuffed and transported to the Washington County Jail.
17.
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Defendant Blood initiated the following misdemeanor charges against Plaintiff:
Interfering With a Police Officer; Resisting Arrest; and Disorderly Conduct. However, the
Washington County District Attorney’s office proceeded only on one count of Resisting Arrest.
18.
Plaintiff was forced to retain competent criminal defense counsel to defend this
allegation, and almost a year after the incident, the case was tried before a jury who acquitted
him of the charge shortly after deliberations began. Plaintiff was also required to pay the costs
associated with his legal representation in the criminal matter.
19.
As a result of unlawful and excessive force used by Defendants Blood and Wilbur,
Plaintiff sustained serious physical injuries including a herniated disc in his lumbar spinal region,
which will require surgery followed by intensive rehabilitation. Plaintiff also sustained abrasions
and bruises, muscle and ligament strain, and significant psychological trauma as a result of
Defendant Blood’s and Defendant Wilbur’s misconduct.
20.
Plaintiff has received ongoing medical treatment for these injuries, however, to date all
conservative treatment measures including modified activities, physical therapy and chiropractic
manipulation have failed to resolve these injuries, and Plaintiff’s treatment providers have
determined that surgery is the only viable option. Plaintiff continues to suffer significant pain
that interferes with his employment, recreational and leisure activities, and sleep.
21.
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Plaintiff continues to experience significant emotional and psychological trauma as a
result of this incident; every aspect of his life has been negatively impacted by these events.
22.
CLAIMS FOR RELIEF
23.
Plaintiff brings claims under 42 USC § 1983, for violations of his Fourth Amendment
rights including: excessive force resulting in substantial injury and; unreasonable
seizure/detainment lacking in probable cause; violations of his 14
th
Amendment rights to due
process; as well as pendant State Law claims for Assault and Battery.
24.
Plaintiff seeks an award of economic damages, non-economic damages, injunctive relief,
punitive damages where appropriate, attorney fees and litigation expenses/costs against
defendants.
25.
Plaintiff provided Defendants with formal notice of his intent to pursue claims pursuant
to ORS. 30.275(3)(a) on or about December 2, 2012 and November 9, 2013, in letters to Pam
Beery, Attorney for the City of Hillsboro, and Jerry Willey, Mayor of The City of Hillsboro.
Plaintiff has thereby satisfied the notice requirements of the Oregon Tort Claims Act, as
specified in ORS 30.275.
26.

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FIRST CLAIM FOR RELIEF
(Violation of Fourth Amendment – Excessive Use of Force)
42 U.S.C. § 1983 – Individual Liability)

27.
Paragraphs 1 through 25 are incorporated herein by reference.
28.
By their actions as described herein, Defendants Blood and Wilbur, under color of
statute, ordinance, regulation, custom, or usage, subjected Plaintiff to the deprivation of his
rights, privileges, and immunities secured by the United States Constitution and United States
laws; namely, Plaintiff’s right to freedom from unreasonable search and seizure and by the use of
excessive force.
29.
The actions of Defendants Blood and Wilbur, 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 Blood and Wilbur, in their
individual capacities, in an amount sufficient to punish them and to deter others from like
conduct.
30.
Defendants Blood and Wilbur violated rights held by Plaintiff which were clearly
established, and no reasonable official similarly situated to the individual Defendants could have
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believed that their conduct was lawful or within the bounds of reasonable discretion. Defendants
Blood and Wilbur therefore do not have qualified or statutory immunity from suit or liability.
31.
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; loss of ability to fully perform certain
job duties; loss of ability to enjoy certain recreational and leisure activities; and loss of ability to
enjoy a variety of activities with family members and friends, and is entitled to all to all of his
damages in an amount to be ascertained according to proof at trial.
32.
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.
33.
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.
34.
SECOND CLAIM FOR RELIEF
Violation of Constitutional Right to Substantive Due Process
False Detention/Arrest/Seizure
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(42 U.S.C. § 1983; Fourth and Fourteenth Amendment to the U.S. Constitution)

Count 1 - Individual Liability

35.

Paragraphs 1 through 25 are incorporated by reference herein.
36.
By their actions as described herein, Defendants Blood and Wilbur, under color of
statute, ordinance, regulation, custom, or usage, subjected Plaintiff to deprivation of rights,
privileges, or immunities secured by the United States Constitution and United States laws;
namely, Plaintiff ’s right to freedom from unreasonable search and seizure of his person without
probable cause, a warrant, or consent. Defendants Blood and Wilbur physically seized Plaintiff,
Tasered him, threw him to the ground and physically struck him without probable cause to do so,
and without first informing him of his detention or arrest.
37.
The actions of Defendants Blood and Wilbur, 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 Blood and Wilbur, in their
individual capacities, in an amount sufficient to punish them and to deter others from like
conduct.
///
///
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38.
Defendants Blood and Wilbur 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. Defendants
Blood and Wilbur 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; chronic
back pain and injury; loss of liberty; mental and emotional suffering; worry; fear; anguish;
shock; anxiety; nervousness; chronic stress; depression; loss of ability to fully perform certain
job duties; loss of ability to enjoy certain recreational and leisure activities; and loss of ability to
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.
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, but not limited to expenses incurred for invasive back surgery.
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.
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42.
Count 2 – Municipal Liability - Monell; Adickes

43.

Paragraphs 1 through 25 are incorporated by reference herein.

44.
On information and belief, Hillsboro 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.
45.
It was the policy and/or custom of the City of Hillsboro 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 Hillsboro did not require
appropriate in-service training or re-training of officers regarding the proper circumstances under
which a Taser should be employed during the course of an interaction with a civilian.


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46.
As described above and at least in part, one or more of the City of Hillsboro’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.
47.
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.
48.
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; loss of ability to fully perform certain
job duties; loss of ability to enjoy certain recreational and leisure activities; and loss of ability to
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.
///
///
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49.
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.
50.
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.
51.
The foregoing paragraphs are incorporated herein by reference.
52.
THIRD CLAIM FOR RELIEF
42 U.S.C. 1983 - Equal Protection - Fourteenth Amendment

Count 1 - Individual Liability – Defendant Blood
53.
The foregoing paragraphs are incorporated herein by reference.
54.
As an African-American, Plaintiff is a member of a protected class.
55.
The following allegations are likely to have evidentiary support after a reasonable
opportunity for further investigation or discovery.
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56.
Defendant Blood, acting under color of law, intentionally engaged in profiling of
Plaintiff, based on his race.
57.
In taking the actions and omissions described herein, Defendant Blood treated Plaintiff
differently from similarly situated Caucasians.
58.
By intentionally stopping and detaining Plaintiff and searching and seizing him because
of his race, Defendant Blood deprived Plaintiff of the equal protection of the law within the
meaning of the Fourteenth Amendment to the United States Constitution.
59.
These actions violated Plaintiff’s Fourteenth Amendment rights and 42 U.S.C. 1983.
60.
As a direct, proximate result of Defendant Blood’s wrongful conduct, Plaintiff suffered
emotional and physical injuries, as described herein.
62.
The actions of Defendant Blood, as described in this complaint, were malicious,
deliberate and 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 Blood, in an amount sufficient to
punish him and to deter others from like conduct.
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62.
Plaintiff was required to hire an attorney to represent him in this matter and he is entitled
to an award of reasonable attorney fees and costs pursuant to 42 U.S.C. 1988.
63.
Count 2 - Municipal Liability Claim - Equal Protection;
Monell v. Dept. of Social Services and Adickes v. Kress

64.
The foregoing paragraphs are incorporated herein by reference.
65.
The following allegations are likely to have evidentiary support after a reasonable
opportunity for further investigation or discovery: The City is liable for the actions of Defendant
Blood as described herein, in that one or more of the following is true:
The City knew or should have known that the practices described in this complaint as
such are so well settled as to constitute a custom or usage, and failed to take affirmative
actions to prevent the actions alleged in this complaint.

The City failed to adequately train, supervise, or discipline its officers to avoid the types
of civil rights violations described herein.

The City failed to have a relevant policy in place and allowed police officers such as
Defendant Blood to decide on their own, without guidance, whether and how to make
such stops and detentions, thereby in effect rendering the trooper as the policymaker.



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66.

The City is directly liable to Plaintiff for each of the unconstitutional policies, customs,
practices, and failures to train, supervise, or discipline which are described herein.
67.
Plaintiff seeks injunctive relief against The City, requiring it to institute a policy
preventing similar illegal profiling.
68.
Plaintiff was required to hire an attorney to represent him in this matter and he is entitled
to an award of reasonable attorney fees and costs pursuant to 42 U.S.C. 1988.
69.
FOURTH CLAIM FOR RELIEF
42 U.S.C. 1983 – violation of 42 U.S.C. 1981
Individual Liability – Defendant Blood

70.
The foregoing paragraphs are incorporated herein by reference.
71.
As an African-American, Plaintiff is a member of a protected class.
72.
Pursuant to 42 U.S.C. 1981, "all persons within the jurisdiction of the United States shall
have the same right in every State and Territory . . . to the full and equal benefit of all laws and
proceedings for the security of persons and property as is enjoyed by white citizens, and shall be
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subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to
no other."
73.
The following allegations are likely to have evidentiary support after a reasonable
opportunity for further investigation or discovery.
74.
Defendant Blood, acting under color of law, intentionally engaged in profiling of Plaintiff
based on his race.
75.
In taking the actions and omissions described herein, Defendant Blood treated Plaintiff
differently from similarly situated Caucasians.
76.
By intentionally stopping and detaining Plaintiff and searching and seizing Plaintiff
because of his race, defendant violated 42 U.S.C. 1981 and thereby violated 42 U.S.C. 1983.
77.
As a direct, proximate result of defendant Blood’s wrongful conduct, Plaintiff suffered
emotional and physical injuries, as described herein.
78.
The actions of Defendant Blood, 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
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entitled to punitive damages against Defendant Blood, in an amount sufficient to punish him and
to deter others from like conduct.
79.
Plaintiff was required to hire an attorney to represent him in this matter and he is entitled
to an award of reasonable attorney fees and costs pursuant to 42 U.S.C. 1988.
80.
STATE LAW CLAIMS

FIFTH CLAIM FOR RELIEF
Assault – Individual and Municipal Liability

81.
Paragraphs 1 through 25 are incorporated by reference herein.
82.
Defendants Blood and Wilbur engaged in volitional acts with the intent to cause Plaintiff
to suffer harmful contact. Plaintiff did in fact suffer harmful contact as a result of the
Defendants’ conduct. Defendant City of Hillsboro is liable in respondeat superior for the actions
of Defendants Blood and Wilbur.
83.
The actions of Defendants Blood and Wilbur, 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 Blood and Wilbur in their
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individual capacities, in an amount sufficient to punish them and to deter others from like
conduct.
84.
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; loss of ability to fully perform certain
job duties; loss of ability to enjoy certain recreational and leisure activities; and loss of ability to
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.
85.
As a direct and proximate result of Defendant Blood’s and Defendant Wilbur’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.
86.
SIXTH CLAIM FOR RELIEF
Battery
Individual and Municipal Liability

87.
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Paragraphs 1 through 25 are incorporated by reference herein.
88.
Defendants Blood and Wilbur intended to cause and did cause harmful contact with
Plaintiff’s person. Plaintiff did not consent to Defendants’ actions and the actions were neither
privileged nor justified. Defendant City of Hillsboro is liable in respondeat superior for the
actions of Defendants Blood and Wilbur.
89.
The actions of Defendants Blood and Wilbur, 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 Blood and Wilbur in their
individual capacities, in an amount sufficient to punish them and to deter others from like
conduct.
90.
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; loss of ability to fully perform certain
job duties; loss of ability to enjoy certain recreational and leisure activities; and loss of ability to
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.
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91.
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.

RELIEF REQUESTED
WHEREFORE, Plaintiff respectfully requests that the Court:
a. Award Plaintiff compensatory damages in an amount to be ascertained
according to proof;
b. Award punitive damages against Defendants Blood and Wilbur in their
individual capacities, in an amount sufficient to punish them and deter others
from like conduct;
c. Award injunctive relief against The City;
d. Award Plaintiff his reasonable attorney fees and costs; and
e. Grant Plaintiff such other and further relief as this Court deems just and
proper.

Dated this 5
th
of June, 2014.

___________________________
Edie Rogoway; OSB #000935
Attorney for Plaintiff


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