-c..media.oregonlive.com/olive_top_stories/other...22) Defendant Lincoln County Sheriff Dept. (LCSD)...

In the United States District Court Of the District of Oregon

Monte B Callaway Civil Rights Complaint

Plaintiff Civil Case No ~ ~ l~-cV - d-1-~-1L v

R Paul Frasier

Michael Gillespie

Martin Stone

Ron K Cox

Andrew Jackson

Larry Flynn

Larry Lynch

William E Davis MD

Coos County Sheriff Dept

Lincoln County Sheriff Dept

Conmed Medical Services

12 employees of Coos County Jail

et al

In their individual and official capacities

I

This civil action is authorized by 42 USC 1983 to redress of the deprivation under the color of

state law ofrights secured by the US Constitution The Court has jurisdiction under 28 USC

section 1331 and 1343 (a) (3) The plaintiff seeks declaratory reliefpursuantto 28 USC section

2201 and 2202 Plaintiff claims for injunctive relief are authorized by 28 USC section 2283 and

2284 and Rule 65 of the Federal Rules ofCivil Procedure The Court has supplemental

jurisdiction over Plaintiffs state law claims under 28 USC section 1367

1) Plaintiff seeks compensatory relief of the maximum allowed by law from each defendant in

their official and individual capacity including but not limited to all expenses and legal costs

now and in the future

2) Plaintiff seeks punitive damages of the maximum allowed by law from each defendant in

their official and individual capacity for acts described now and in the future

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Case 612-cv-01279-TC Document 2 Filed 071612 Page 1 of 49 Page ID 9

3) Plaintiff seeks injunctive relief of freedom from the cruel and unusual punishment as

described herein and future retaliation from these named or anyone associated these named

4) The District of Oregon is an appropriate venue under 28 USC section 1391 (b) (2) because it

is where the events giving rise to this claim occurred

5) The Plaintiff has brought an action in the United States District Court for the District if

Oregon while a prisoner Civil case no 2 II-cv-885-TC

II

Plaintiff Monte Callaway is and was at all times mentioned herein a prisoner of the State of

Oregon in the custody of the Coos County Sheriff Dept (CCSD) He is currently confined in

Mill Creek Correctional Facility (MCCF) of the Oregon Department of Corrections (ODOC) in

Salem Oregon

6) Plaintiff notified his court appointed council public defender (PD) Ron K Cox concerning

the facts related to this complaint and was not informed or otherwise made aware of any other

means of grievance process available at the Coos County Jail (CCJ) other than his instructing the

Plaintiff to hire an attorney to address the circumstances knowing by his appointment that the

plaintiff was indigent Coos County Risk Management was notified of a tort claim in November

of 20 I 0 prior to the conclusion of ODOC administrative remedies

III

7) Depriving Plaintiffs right to liberty without due process and conviction of a crime

proscribed and guaranteed by the First and Fourteenth Amendment by restricting him for a

nonjudicial nonprosecutorial purpose

8) Depriving Plaintiff of his right to be free from cruel and unusual punishment proscribed and

protected by the Eighth Amendment by deprival of medical care interfering with his medical

care and failing to provide adequate medical personnel and facility while incarcerated

failing to provide eating and speech therapy and failing to provide qualified personnel to

monitordiagnose his mental disorder

9) Depriving Plaintiff of equal protection according to Federal Law as guaranteed by the

Fourteenth Amendment placement in house arrest confinement without a conviction parole

or post prison conditions being on probation for a conviction and not in the least onerous

setting as required by State Law

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10) Violating Plaintiffs right to reasonable privacy as proscribed and protected by the Fourth

Amendment by invasive investigations into Plaintiffs medical needs by the district attorney

without consent and public announcement of medical requirement costs outside the scope of

duty and aided and abetted by others mentioned

11) Failure to provide competent and adequate defense council to aggressively protect Plaintiffs

rights and offer accurate council as proscribed or provided and protected by the Sixth

Amendment

12) Failure to infonn Plaintiff of Miranda Rights prior to public announcement of charges

implicated by a grand jury in violation of Plaintiffs rights proscribed and protected by the

Fifth Amendment and due process and equal protection of the 14th Amendment

13) Presenting false evidence against the Plaintiff in legal proceedings is in violation of Federal

and State Laws as proscribed and protected by the due process clause of the Fourteenth

Amendment Habeas relief is warranted if a petitioner can establish that a prosecutor

knowingly used false evidence to obtain the conviction Napue v Illinois 360 US 264 269

79 S Ct 11733 L Ed 2d 1217 (1959) Hayes v Brown 399 F3d 972 978 (9th Cir 2005)

A prosecutor has a constitutional duty to correct evidence he or she knows is false See

Napue 360 US at 269 (due process violation when the State although not soliciting false

evidence allows it to go uncorrected when it appears) If the false evidence is material - that

is reasonably likely to have affected the judgment of the jury - the defendants conviction

must be reversed United States v Agurs 427 US 97 103 96 S Ct 2392 49 L Ed 2d

342 (1976) ([A] conviction obtained by the knowing use of peIjured testimony is

fundamentally unfair and must be set aside if there is any reasonable likelihood that the false

testimony could have affected the judgment ofthe jury)

IV

14) Defendant Michael Gillespie is a Circuit Court Judge in position 4 of District 15 in Coquille

Oregon He is legally responsible for the overall operation ofhis judicial courtroom proceedings

He was the first judge available to address the plaintiff in regards to alleged criminal charges and

was who the Plaintiff surrendered to when he made public the alleged charges pending trial

15) Defendant Martin Stone is a Circuit Court Judge in position 1 of District 15 in Coquille

Oregon He is the judge appointed to the pending case and is legally responsible for the overall

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operation of his courtroom in the judicial proceedings of the alleged charges of the plaintiff

pending triaL

16) Defendant R Paul Frasier is the District Attorney (DA) representing the State of Oregon in

Coos County Oregon for prosecution of the plaintiffs alleged criminal charges He is legally

responsible for the overall operations of the prosecution including the actions ofhis subordinates

in the arrest incarceration and investigations related to the charges set by the grand jury in April

of 2008

17) Defendant Ron K Cox is the court appointed council that was to defend the Plaintiff all legal

proceedings associated with the charges alleged by the grand jury and DA He is legally

responsible for his actions in the defense of the Plaintiff and his rights according to law in

regards to all associated proceedings

18) Defendant Andrew Jackson is the sheriff of Coos County Sheriff Department (CCSD) during

the time of the alleged charges He is legally responsible for the actions of his subordinates

including training staff allocation and welfare of the inmates of his facility in addition to

overall operation ofthe Coos County Jail (CCJ) including the parole and probation department

19) Defendant Larry Flynn is the manager of Price-N-Pride (PNP) market in Bandon Oregon He

is responsible for his actions associated with a trespass complaint on August 182008

20) Defendant William E Davis is the physician assigned by Conmed Medical Services (CMS)

who is the health provider for the Coos County Jail in Coquille Oregon He is legally

responsible for overall operations of the medical administrations at the CCJ and his own licensed

medical profession in the State ofOregon

21) Defendant Larry Lynch is an officer employed by the Bandon Police Dept (BPD) and is

responsible for his actions associated with the volunteer guard patrols investigations arrests and

his part in the instigation of the trespass complaint at Price-N-Pride (PNP)

22) Defendant Lincoln County Sheriff Dept (LCSD) is legally responsible for the actions of its

unnamed officers who took part in the implementation and conditions of house arrest on the

Plaintiff at Siletz Oregon in April and May of2008 and actions associated with the DA prior to

Plaintiffs appearance in court in May of2008

23) Defendant Coos County Sheriff Dept (CCSD) is legally responsible for the overall operation

of the Coos County Jail and Parole and Probation Dept which governs the house arrest condition

of the Plaintiff in Coos County and the actions of the unnamed staff at the jail along with the

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welfare and qualified medical administrations to the inmates arrestees and detainees held at

their facility CCSD is also responsible for the proper and accurate record keeping in its facilities

and departments

24) Defendants 12 unnamed employees of the CCSD at the CCJ are legally responsible for their

actions in routine security welfare of medical administrations to and safety of inmates at the

CCJ The guards and their superior officers are employed as security personnel at all times

mentioned in this complaint The physicians assistant (PA) and registered nurse (RN) are

employed as medical health providers at CCJ (employee of Conmed Medical Services) at the

time mentioned in this complaint The unnamed defendants include guards PA RN and

unnamed superior officers in each department employed at all times in this complaintat CCJ by

theCCSD

25) Each defendant is sued in their individual and official capacity and at all times mentioned in

this complaint acted under the color of state law The plaintiff alleges the following acts of the

aforementioned defendants which caused wanton infliction of pain and suffering deprival and

violations of Constitutionally protected rights et al

V

26) Immediately after being released for the Legacy Emanuel Hospital (LEH) for a required

period of recuperation and healing from multiple major surgeries related to a self-inflicted

gunshot wound (that was completely funded by insurance policies) on March 25 2008 the

plaintiff voluntarily reported and physically presented himself of his own accord to Judge

Gillespie at Coquille Oregon The first appearance on March 31 2008 The Judge determined

the need and eligibility of court appointed council as well as verifying the medical need of the

plaintiff by his observation of the plaintiffs diminished condition and inability to physically

speak for himself designating an interpreter for the first court appearance (public defender

Goldman) Confirming also that the plaintiff was competent to understand the nature of the

proceedings but not necessarily the legalities or procedures included Even in good faith and true

concern for the plaintiffs welfare Judge Gillespie should not have allowed a non-judicial issue

not relevant to the prosecution of the charges alleged to become incorporated into the

proceedings

27) By belief and understanding Judge Gillespie didnt perceive the plaintiff to be a threat to

society Much less a risk of absconding considering Plaintiffs condition and willingness to act

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1 I I

in good faith demonstrated by his unprompted voluntary contact and prompt appearance to court

summons Gillespie acted in bad faith by allowing the managerial incorporation to become part

of a judicial function to start with He did not have authority (jurisdiction) over medical issues

and acted outside the judicial capacity in a ministerial capacity He could have and should have

made the decision to postpone the indictment proceedings until the plaintiff was released by his

doctor to insure the safety of the plaintiff (who at that point is supposed to be assumed innocent

until proven guilty) and could have done so without the responsibility of the medical costs Or

immediately incarcerate Plaintiff and accept the responsibility that has lead to complications

requiring further court actions by the mishandled process that has caused injury Gillespie laid

the foundation of condemnation before the due process to which the plaintiff is entitled by law

along with the continuing violations thereafter

28) This placed the nonconvicted pretrial detainee at risk of serious injury in a number of ways

He failed to provide an adequate medical facility for his incarceration or to otherwise

accommodate this extraordinary case causing unnecessary mental and emotional distress

physical injury and eventually interfering to the point of stopping all medical processes

altogether while in Coos County jail Placing Plaintiff in the hands ofunqualified authorities that

dont possess the standard level of expertise involved and required by law Leaving Plaintiff

disabled by this interference and lack of foresight to insure his actions provided for the safety of

the plaintiff and without adequate medical treatment that has continued to subject the plaintiff to

torturous conditions (to date) after being turned over to the custody of the ODOC Nor was

there a fixed period of incarceration to remain in house arrest until it was revoked by Judge

Stone in June of 2008 There was no other hearing to reimpose house arrest after the revocation

yet (by belief and understanding) it was reimposed by CCSD by the authority of the DA and the

sheriff

29) Gillespie noted two obvious and separate disabilities (speech and diminished physical

appearance) due to the unfinished surgeries of the non rehabilitated plaintiff Along with the

suicide attempt being a clear indication of mental instability or disorder and possible risk of

harm to himself or others he should not have allowed the DA to confine the pretrial detainee

under house arrest conditions (which were prearranged by the DA and the LCSD) or restrain the

plaintiff under their authority and control who was not on probation parole or convicted of any

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1

I j

crime at a relatives residence in Siletz Oregon by exile outside Coos County and his residence

there for any medical reasons

30) Its not the duty function or within the training or education of the court or prosecutor to

diagnose even the most insignificant medical issue even though it was so obvious that any

laymen could see the need or impose recommendations of conditions or treatment solutions of

any kind to accommodate any of those medical needs Any such diagnosis and recommendations

of conditions suitable to accommodate any medical need lies within the sole discretion of

adequately trained medical personnel This particular case demands specialized training in

addition to the standard level of expertise within the medical fields which a general practitioner

does not qualify for This act does in fact commit medical malpractice by not holding to the

required standard of medical expertise equal to the specialized specialists The placement into

house arrest recommended by DA Frasier was a diagnosis that there was a medical issue

requiring treatment Frasier insisted on the house arrest to provide for those medical needs But

failing to provide for the specific individual aspects of this case due to his inadequate knowledge

of the circumstances in which he took part in intervening and that were eventually terminated

31) But by placing restrictions of any kind in the medical process and convalescing stage they

interfered with the process in various degrees Including appointed council Cox who was

negligent in his duty to defend Plaintiffs rights and insure his safety and proper custody

treatment Failing in the duty to insure the safety of a suicide attempt candidate by providing for

regular monitoring by qualified mental health personnel (at minimum a constant overseer)

Failing to insure and accommodate provisions for basic human needs such as access to food

medical and hygiene supplies fresh air exercise along with visual stimuli (change of scenery

such as outside activity of some kind) to aid in mental as well as physical rehabilitation and

healing processes Failed to provide access to prescriptions along with the medical visits that

deprived Plaintiff of those prescriptions when they were needed Logically speaking it only

stands to reason that there could and would be medicine included with major surgeries and

mental disorder

32) The DA had conspired with the LCSD prior to court to incarcerate the plaintiff in alternate

jail conditions to avoid the medical costs involved under conditions that were not the least

onerous at the Siletz residence Later stating in Judge Stones court the reason was to avoid the

medical costs Not to insure the plaintiffs appearance in court or for security reasons (If

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considered to be such a danger or security risk as the alleged charges implied should not have

been released to begin with) The DAs stated involvement in a non-prosecutorial non-judicial

issue having nothing to do with alleged charges He also conducted an investigation into

Plaintiffs future medical requirements without Plaintiffs consent thus invaded Plaintiffs

reasonable right to privacy without a court order that specifically described the information to be

searched and a legitimate and reasonable explanation for the described search The DA

announced his estimate in open court (making it public information) along with his

recommendation of how the CCSD should spend budget money designated for purposes such as

Plaintiffs serious medical needs Clearly acting outside his scope of duty in an investigatory and

managerial capacity Diminishing Plaintiff s character and implying that Plaintiff was not worthy

of spending money on to help his medical needs that was furthered by placement on the floor

for 18 days at the jail like an animal

33) A prosecutor is not immune from liability when performing investigative functions or giving

advice to police It is plaintiffs belief and understanding that the DA invaded Plaintiffs privacy

on several occasions

34) At the time of arrival or shortly after Plaintiff entered Bay Area Hospital or Legacy Emanuel

Hospital Discovering the extent of the injuries and establishing the need for specialized medical

care the DA and lor CCSD dropped or otherwise didnt impose a police hold to avoid costs

associated with those needs later imposing house arrest to hold the plaintiff in custody and

attempt to avoid the medical costs involved in conditions that were not the least onerous

35)He further invaded Plaintiffs right to privacy (protected by HIPAA FOIAlPrivacy Act 1974

and 4th amendment et al)to discover progress of Plaintiffs medical requirements and when the

open wounds would be sealed to allow incarceration at the CCJ without expressed or written

permission to access private and confidential information from Plaintiff Also to find out the cost

estimates along with the timeframe for completion ofPlaintiffs serious medical needs at LEH

36) After Plaintiffs fresh surgeries became infected by the unsanitary conditions in which he

was held at the CCJ (the DA released Plaintiff without imposing the bail in spite of the order by

Judge Stone to discontinue the house arrest and hold Plaintiff pending bail) discovering that a

healing period was absolutely necessary between surgeries that would extend for a considerable

period of time Defendants Davis CCSD and Frasier prompting the premature dismissal of

further medical applications altogether that were necessary for the completion of the surgeries

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that Plaintiff required They willfully and intentionally left Plaintiff in a state of disability due to

their lack of knowledge and understanding of the medical condition they were attempting to

diagnose and treat

37) The DAs decision was by belief and understanding aided by Dr William Davis who

jointly misdiagnosed Plaintiffs condition and committed medical malpractice by recommending

the wrong solution (due to his lack of knowledge in the relevant field of medicine requiring

specialized training within the specialty) in the attempt to avoid the costs for CCSD at the jail

38) Plaintiff was released on 7-14-2008 for a doctor visit then reincarcerated in house arrest

without a predeprival hearing after Stone revoked it in June (the PD failed in his duty to object

or otherwise protect Plaintiffs 4th 5thand 14th due process and equal protection rights)By

understanding and belief at the DAs order the bail requirement was conveniently reimposed on

8-12-2008 with officials knowing Plaintiff didnt have the financial ability to seek reasonable

freedom from their controL Thus again imposing unusual punishment by the DA and later

approval of Judge Stone PD Cox offering no objection in Plaintiffs defense to the

mistreatment

39) The DAs direct and improper referral during the plea bargain proceedings to a statement

made to Dr Ann-Marie Smith concerning the birdshot that was allegedly used in the crime After

Dr Smiths interview the plea offer was changed by the DA to exclude the attempted murder

charge indicating that neither he nor the PD had aggressively thoroughly and physically

inspected the evidence allegedly found at the scene (the identity of the alleged shot used being

allegedly revealed during the interview with Smith) and was not objected to by PD Cox Or the

investigators being incompetent to identify the items allegedly found at the scene ~d falsely

entered to support their intentions

40) Because of the unthorough investigation into the evidence allegedly found at the scene

neither the DA nor the PD were aware that the alleged shell contained 6 duckload (a small

diameter light penetration bismuth compound) and not a more potent or lethal round such as

buckshot (a larger significantly more penetrating lead compound) Until the interview the DA

insisted unwaveringly the attempted murder charge be included and is evidence ofhis malicious

intent The alleged information discovered by Dr Smiths interview should not have been

admitted in a plea hearing Nor allowed by Judge Stone As well as objected to by defense

council

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41) There was no consideration for the plaintiffs mental impact and psychological injuries

quandary andor suffering associated with being placed in unfamiliar surroundings while

convalescing after multiple major surgeries and suicide attempt (That created feelings of being

trapped isolated worthless forlorn degraded guilt loneliness stress anguish adding to the

existing depression confusion and fear among other illogical or irrational emotions and

suffering) An alleged letter to the plaintiff was sent to his home at 55081 Ruby Loop in Bandon

Oregon after the DA had been contacted to reveal Plaintiffs location in Siletz prior to the first

voluntary court appearance Sent to the location where the plaintiff was forbidden to go to by the

DA until Gillespie approved a brief entry to get clothes

42) The letter allegedly stating the DAs intent to incarcerate Plaintiff by an alternative

confinement setting (house arrest) refusing to take Plaintiff into custody at the CCSD jail or take

responsibility of Plaintiffs serious medical needs in his management action regarding

distribution of funds for the CCSD Indicating that the DA had investigated Plaintiffs medical

records and currant condition without Plaintiff s consent and conspired to avoid the expenses

involved

43) Because of the exile Plaintiff didnt receive notice of the house arrest until the day of the

court hearing that imposed it And to date has not seen the actual letter in question other than in

evidence submitted for a post-prison-relief hearing Plaintiff understanding this to be a court

order due to his lack of understanding or knowledge of procedures The D A failed to notify the

plaintiff at the last known location after being notified ofPlaintiffs whereabouts by phone

44) The DA exiled Plaintiff from his home in Coos County near Bandon by insisting he be

placed at the Siletz Oregon residence he had called from Until the DA was given an ultimatum

by Plaintiffs relative Charles E Sherman that the condition was no longer acceptable and

Plaintiff had to leave The DA stated to the Attorney General in a slanderous post-conviction

statement that the Plaintiff had worn out his welcome with no reference to the fact the

Plaintiff was asked to relocate to allow Mrs Sherman privacy to convalesce from her own

surgeries The DAs demanding and insistent disposition unprofessional and irritating to the

relative who no longer chose to participate in the house arrest conditions at his home

45) No caretaker was established at any time to attend to the medical needs or monitor the

psychological condition of the plaintiff who was confined by the LCSD at the DAs and courts

order to the interior of the home for an undetermined time period With no activity allowed

j

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outside the thresholds of the residence encouraged and imposed by the deliberate

misinformation of the officers who installed the monitor and ankle bracelet concerning the

normal operation of the system (voluntarily providing additional erratic drive-by patrols at

Siletz) Similar patrols continuing when house arrest was changed to the Coos County residence

by Bandon police department when the risk of flight was nonexistent due to Plaintiffs obvious

need for medical care voluntary and cooperative actions

46) This segregated confinement a deliberately imposed alternate form ofjail by all involved in

the planning and conspiracy to avoid medical costs in confinement of the plaintiff Aiding and

abetting the DAs malicious prosecution effort and personal desire to inflict punishment on the

plaintiff while attempting to manage funding for the CCSD Acting outside prosecutorial duties

and having no penological interest or judicial relevancy Violating and otherwise not providing

equal treatment or allowing due process rights to a nonconvicted detainee by depriving Plaintiff

ofhis right to bail and speedy trial

47) The plaintiff was intentionally coerced by the two officers of LCSD aiding the DA

Including threats of harsher treatment to the pretrial detainee if the plaintiff did not comply

exactly as instructed And relying on Plaintiffs submissive disposition and ignorance of legal

proceedings to comply They informed the plaintiff that they would observe his actions visually

with drive-by patrols in addition to visual satellite imaging which would also set off an alarm if

the plaintiff stepped outside the threshold of the front or back door In their coercive actions they

informed the plaintiff that he would be immediately and forcibly apprehended and thrown in a

higher security facility at the Newport jail And all medical allowances would cease pending

orders from the DA Using deceit and fear of being left in this disabled condition to gain

compliance The threats eventually proving true as promised though not by their hand

48) This restricted the liberty of the plaintiff and interfered with his healing efforts and ability to

obtain medical supplies prescriptions and hygiene supplies among other basic human needs

This method of restriction unnecessarily injuring the plaintiff by intentionally inflicting mental

and emotional distress and profound emotional trauma adding to Plaintiffs psychological

quandary at the critical time of reorientation to the reconstruction surgeries healing and

recovery from multiple surgeries

49) Neither the LCSD officers nor the court including the DA indicated or otherwise appointed

anyone to care for the plaintifrs medical needs therefore interfering with his serious medical

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needs and preventing access to needed medical supplies and other needs for recovery and

healing The judge DA and LCSD officers aware of Plaintiffs inability to speak (by the aid of

the relative in contacting the court originally and voluntarily written responses to LCSD

questions at the meeting to explain requirements of house arrest and the appointment of a

spokesperson at court proceedings) or to be able to phone for help if needed (The LCSD office

approximately thirty-five minute drive away in Newport Oregon) The occupants of the

residents leaving Plaintiff alone for extended periods of time while continuing their normal

agendas placing Plaintiff at risk ofserious injury in their absence

50) This knowingly intentionally willfully and recklessly placed the plaintiff in danger and at

risk of serious injury failed to provide and prevented the plaintiff from access to medical

supplies prescriptions and hygiene items essential to the open wounds still requiring medical

treatment The incarceration well beyond the time duration of 10 days legally allowed for a

medical furlough with no defined length of incarceration Carelessly and intentionally

incorporated with deliberate indifference to Plaintiffs serious medical needs merely to avoid the

medical costs involved With no psychological aspects accounted for in any way Far exceeding

the restrictions which a convicted and sentenced individual on parole probation work or other

release would have to endure

51) This interference during the physical healing mental reorientation convalescing phase of

surgical rehabilitation restricted the liberty of the plaintiff which would have been afforded by

his right to bail release which the PD neglected to ask for the judge failed to install offer or

otherwise bring to Plaintiffs attention as an option until it was used as punishment illtentionally

withholding the information that the indigent status of the plaintiff would have and should have

placed the plaintiff in the care and under the responsibility of the jail once the charges were

publicly announced in court This neglect by all concerned prevented the plaintiff from seeking

assistance in purchasing his needed prescriptions because the plaintiff was physically unable to

work or otherwise gain funding to pay for it Taking gross advantage of the plaintiff s depleted

physical and mental condition and not allowing the freedom to convalesce as needed including

the fresh air which would assist in the physical healing phase between surgeries in addition to

improving mental health

52) ill imposing any type of restrictions (especially on a nonconvicted pretrial detainee) the

judges had a duty to act with consideration for the safety and welfare of the plaintiff and

1

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knowingly disregarded it The medical issues werent a judicial or prosecutorial concern As

such both judges and the DA acted outside their scope of duty by imposing restrictions in a fund

management capacity The judicial branch is not set up for management criteria or qualified to

assess medical applications of any kind including housing of mentally ill or postsurgical

patients They neglected to consider Plaintiffs obvious medical needs and so knowingly

intentionally and carelessly placed Plaintiff at risk of serious physical mental and emotional

injury and duress by placement in an unfamiliar surroundings at a time of reorientation from

trauma and shock of the suicide attempt that altered his facial structure requiring mUltiple

surgeries including periods ofhealing in between for the completion

53) In addition to the psychological quandary of suicide and facial reconstruction the DAs

exile from Plaintiffs horne and familiar surroundings the house arrest conditions confined the

plaintiff to the inside of the horne by the LCSD officers giving false statements and added to the

psychologically traumatic events by the DAs indifferent and deliberate course of actions

Placing Plaintiff in conditions more restrictive than a work or similar release program IS

nonnally applied to parolee probational or convicted and sentenced individuals

54) Approximately one month later the house arrest was moved to the plaintiffs residence in

Coos County contrary to the objections and desire of the DA in his attempt to exile the plaintiff

from the Bandon area altogether By understanding and belief Larry Lynch of the Bandon

Police Dept (BPD) volunteered patrols to insure the plaintiffs confinement at the residence in

Coos County near Bandon And acted as liaison to the DA in all following investigations

Including a trespass complaint that he by understanding and belief conspired to instigate and

encouraged manager Larry Flynn to impose on the plaintiff for no apparent reason

55) Judges Gillespie and later Stone allowed the DA to proceed unchecked and should have

realized that to confine the plaintiff in such conditions were in contrast to the due process and

equal protection rights afforded in the 5th and 14th amendments to all persons assumed to be

innocent until proven guilty by due course of law They knowingly placed Plaintiff at risk of

serious injury by seeing conditions plain to any layperson and in witnessing personally his

medical condition they should have known or realized the need for attendance of some sort and

that the conditions could and would interfere with his serious medical needs The personal

observation of Plaintiffs condition more than enough to indicate possible risk of injury Thus

knowingly and deliberately interfered with Plaintiffs serious medical needs and placed the

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plaintiff in cruel and unusual punishment conditions and risk of serious injury as an unconvicted

pretrial detainee

56) This denied plaintiff credit for his cooperation and time served under the sentence imposed

prior to a conviction and due processes required by law Even after a plea bargain that imposed a

sentence of 53 months more incarceration than the presumptive guideline scale indic~ted With

no good time and an additional 3 year post-prison sentence that was not considered in the

original 90 months Extending his sentence to 126 months Along with a second separate

sentence of 60 months for an act described in the original statute that was ran concurrent

Placing Plaintiff in jeopardy for the same act twice and with the possibility of more punishment

in the future stated by the DA as his intentions for the inclusion

57) The LCSD voluntarily willingly and knowingly conspired with the DA to intentionally

deprive the plaintiff ofhis liberty by placement in house arrest prior to the courts approval This

interfered with the plaintiffs serious medical needs and placed Plaintiff at risk of serious

physical injury This conspiratorial and fraudulent act causing unnecessary mental and emotional

distress and suffering They willingly and deliberately aided and abetted the DA in his obsession

to punish the plaintiff prior to any conviction Knowing Plaintiff was not on probation parole or

convicted of any crime Without considering that Plaintiff had willingly surrendered himself to

the orders and instructions of the court Plaintiff trusting to the courts wisdom and fairness in its

responsibility to protect the innocent in the application of his orders to the plaintiff as a pretrial

detainee The alleged letter ofnotification knowingly sent by the DA to the address Plaintiff was

forbidden to be at

58) Against the DAs expressed disagreement and desire to keep the plaintiff from the

residence near Bandon Oregon Judge Martin Stone (who was assigned the case) allowed the

house arrest of the plaintiff to continue for an indefinite time period without insuring the safety

of the plaintiff by designating a caregiver to attend to the plaintiffs serious medical needs or

making sure of allowances to gain medical supplies or other items necessary for proper care He

willfully carelessly knowingly and deliberately placed Plaintiff at risk of serious injury and

restricted liberty by allowing placement in house arrest by the CCSD parole and probation

department supervised by Mr Reeves Allowing the medical issue to remain incorporated into

judicial proceedings Had he believed the plaintiff to be a risk to the community or to himself

Judge Stone was obligated by duty and law to restrain the plaintiff at the jail Not to be released

Page 14 of 49


under any conditions other than bail to insure presence at court proceedings A factor that should

not have been at question considering that Plaintiff voluntarily made immediate and unprompted

contact upon release from the hospital as soon as was reasonable and promptly followed

instructions given for appearance in court

59) The impractibility of the terms of the house arrest was an err by all authority personnel

who oversaw the agreement and realized the extraordinary conditions which they were so eager

to accommodate to avoid expenses involved in their attempt to transfer the responsibility

associated with their actions onto the Plaintiff causing undue hardship on the Plaintiff while he

was convalescing Stone Frasier and Cox should have realized and corrected the oversight the

first time it was brought to the courts attention on the post deprivation hearing on June 27 2008

where Plaintiff was punished by segregated confinement on the floor for getting the needed items

for himself

60) The DA had refused at first to allow the transfer to the plaintiffs residence in Coos County

until he was given the ultimatum by the relative of Take him and do whatever you want But

hes not staying here He refused to take Plaintiff into the CCJ but made a show that it would be

possible This was proven inaccurate when he had Plaintiff arrested on June 27 2008 then

released again on July 14 2008 after abuse and injury at the jaiL

61) Judge Stone did not inquire as to the nature of Plaintiffs needs but the DA volunteered them

anyway Plaintiffs condition improving but still obviously pending He allowed a vague contract

to be set in place that deprived Plaintiff of rights promised and guaranteed to be protected by the

Oregon and US Constitutions The agreement stated the plaintiff was only allowed to go to and

from doctor visits and to and from lawyer visits There were no details for anything other No

designated routes time limits or eating restrictions (for an approximate six and half hour drive

one way on the prearranged days to be on release from the house arrest conditions~ Nor was

there an allowance to go to any court summons The Plaintiff being punished with direct

reference to the contract which Plaintiffwas confined by

62) On June 27 2008 the plaintiff was arrested by CCSD with the aid of volunteer (DA liaison)

Larry Lynch (who by understanding and belief had taken a personal interest in the matter and

volunteered patrols of the plaintiffs home in addition to the ankle monitor) for the primary

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purpose of purchasing medical supplies food items and hygiene supplies at Price-N-Pride

market (P-N-P) on a day scheduled for medical release Plaintiffs counsel failed to properly

represent Plaintiffs reason for being in the market in his explanation to the court Plaintiff

merely interpreting the spirit of the agreement to allow medical needs which was the primary

reason for the presence at the market

63) The plaintiff was found recuperating at his home (the designated house arrest site) and taken

to CCJ holding area where he was placed on the floor with a single wool blanket and a 112 inch

fiber filled mat near a toilet in a community cell Later to be celled in with agitated and

intoxicated arrestees creating fear of injury by their raging and the threats of guards to all

occupants of tazing shackling and tethering when these arrestees raged and pounded on the

door Stepping on the mat where the plaintiff had to sleep Interrupting and preventing sleep

needed for recovery after the exhausting journey to seek proper medical attention and surgery

64) The guards failed to separate the arrestees by classification Being aware of the plaintiffs

diminished physical condition and mental state of disorder indicated by a suicide attempt on

record as well as an evaluation taken by the physicians assistant Justine Piper Who (by belief

and understanding of her job assignment and credentials) was not qualified to address monitor

or assess the needs of an inmate with indications of mental illness or postsurgical needs

65) Yet Stone saw fit to assist the DA in punishment of a pretrial detainee by approving the

arrest and eighteen day segregated incarceration of the plaintiff in the jail at Coquille Oregon

The primary reason for the presence in the market the PD did not see as relevant to accurately

describe in Plaintiffs defense at the following hearing Or that Plaintiff was following the

instructions of his doctor to gradually implement foods other than the liquid supplement which

was the primary food source of the plaintiff The other occupant of the residence not at home

And not expected or required by the court to be home at any designated time Nor anyone else

instructed by the court to tend to any of the plaintiffs needs leaving the plaintiff to fend for

himself Yet preventing him from being able to get the needed items by the means ofhouse arrest

criteria meant for convicted individuals and failing to provide a means to acquire these needed

medical items And punishing the pretrial detainee for getting the items for himself

Page 16 of49


66) Although the court called it a release there was no indication that the plaintiff was free

from their custody or controlling authority under house arrest at any time Even to the extent

which would have been present under release by bail or a medical furlough They were swift to

extend punishment fulfilling the DAs personal desire to exert his oppressive authority (without

a hearing to indicate court approval after revoke in June Again invoking house arrest conditions

without a hearing that was not objected to by Plaintiffs PD) to incarcerate and inflict

punishment on the pretrial detainee by any means And by understanding and belief with the

aiding and abetting of Judge Stone (or alleged adopted policies of the State of Oregon) to not

allow credit for time served in the alternate confinement of house arrest None acknowledged

that the plaintiff had voluntarily and punctually appeared before the court was not on parole

probation or convicted of any crime Or that Plaintiff did not make any attempt to contact the

court-restricted persons nor attempted to commit any other crime

67) The impractibility of the terms of house arrest was an err by the authorities persons who

oversaw the conditions of the agreement for which Plaintiff was offered no advice by council

realizing the extraordinary conditions for which they were so eager to accommodate (to avoid the

expenses involved in the attempt to transfer the responsibility of their actions onto the plaintiff)

they failed to provide for all necessary accommodations And failed to modify the terms once it

was brought to their attention at the post-deprivation hearing on 6-27-2008 when the plaintiff

was punished for getting needed items for himself on a day scheduled for release with no time to

return specified or agreed upon

68) The DA and judges were aware that Plaintiff was suffering physically and from

psychological disorder indicated by the suicide attempt his depleted physical condition and

inability to speak requiring an interpreter at the court proceedings and prescribed ~edications

(being distributed at CCJ by security personnel) commonly associated with psychological

conditions evaluations by defendants and prosecutions psychologists which revealed the

presence of mental disorder and low level of competency which were later submitted as

evidence House arrest placing Plaintiff at risk of serious injury because Plaintiff was unable to

speak to request emergency assistance at the Siletz residence The agreement made no provision

to obtain any medical supplies needed in his recovery process including but not limited to

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prescriptions by his doctor (being arrested for obtaining them on 6-27-2008 and again on 8-12shy

2008)

69) At the time of the agreement the plaintiff was confirmed to be under the influence of mental

disorder and was not made clear whether his mental capacity allowed him to make any

reasonable or logical decisions for himself The defense council knowing this to be the situation

failed in providing for and protecting the Plaintiff s medical interests The agreement failed to

provide for constant accompaniment or monitoring for the possible suicide candidate

70) The restrictions were not the least restrictive or least onerous conditions when confined to the

interior of the home and no allowances for outside activities even to the full extent of the radius

of the monitor base The interior confinement interfering with Plaintiffs serious medical needs

by depriving Plaintiff of fresh air sunlight and natural change of scenery which would aid in

the psychological as well as the physical aspects of medical recovery There was no clear avenue

to obtain fmancial assistance or other means to pay for medical or food supplies needed under

the confinement of house arrest conditions The house arrest was imposed to incarcerate the

Plaintiff without assuming responsibility of any kind for Coos County officials neglecting to

allow provisions for the minimum of basic human needs much less proper medical care

conditions

71) The house arrest was not put in place for insurance of presence in court (Plaintiff had

proven to be reliable and prompt in this respect on several occasions) to insure security If

Plaintiff were a risk of safety to the public or himself he should not have been released at all It

wasnt a judicial issue but was implemented to avoid medical responsibility Which is a

managerial concern of the sheriff dept Nor was it a prosecutorial concern in relation to the

charges Neither was it due to overcrowding concerns of the Coos County Jail Or a typical

medical furlough which has a legal maximum of 10 days

72) His release not allowing the plaintiff to care for his serious medical needs by providing a

clear means to access anything on his own or otherwise without assistance of some kind In fact

interfering with those needs and placing him at risk of serious injury in numerous ways with no

stated allowance to attend court proceedings or any clear means of providing those items

necessary for hygiene adequate medical care or basic human needs

Page 18 of49


73) Plaintiffs interpretation ofthe spirit of the agreement allowing for medical purposes as well

as legal purposes on prescheduled days was met with punishment by incarceration on the floor of

a segregated holding unit resulting in injury by infection to his fresh surgeries in addition to

various forms of mental suffering due to the unsanitary nonmedical unit and placement in the

holding area near a toilet (where other inmates were walking on his bedding) on more than one

occasion The plaintiff understanding that he was under the custody and authority of the court at

all times mentioned that was not (and should be) credited for his attempt in cooperation with the

court authorities and their subordinates

74) Plaintiff was unlawfully jailed under segregated punishment conditions as a pretrial detainee

and was in compliance with the agreement because he was not given a time limit to be

reincarcerated by house arrest nor specifically forbidden to acquire prescribed items from his

doctor while in route Imposing punishment that implied the plaintiff wasnt allowed to access

his prescribed items other secondary medical or sanitary items or other basic human needs

Having no specific route in which he was to adhere to on the prescheduled days

75) Furthermore Plaintiff had no restriction from obtaining food (while on approved release

days) and considering the 6 l2 hour (one-way) drive was to be expected as a common need on

such a long trip Though not written as part of the agreement As was fuel stops rest stops ect

and access to court summons Which were not mentioned in the agreement either To restrict the

recovering and healing plaintiff from eating or access to food items or medical supplies is

interfering with his liberty and is in fact cruel and unusual punishment This interfered with the

plaintiffs serious medical needs that the DA PD and Judges Stone and Gillespie should have

known to consider in the agreement conditions Thus acting in bad faith at all times by imposing

and enforcing these conditions

76) Plaintiff was not provided adequate medical housing conditions medical attention

monitoring or therapy by qualified medical or psychological personnel at the jail The security

and unqualified medical personnels neglect of the indications of the evaluation that showed a

mental disorder and failure to realize the possible psychological impact of the holding cell

conditions that severed all visual contact with the outside world by blocking the window creating

a dungeon-like setting They failed to properly classify Plaintiffs condition and confined him

Page 19 of49


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with agitated intoxicated and potentially violent arrestees that deprived him fonn sleep by

constant noise and interruptions as arrestees were brought in for processing and released with

little or no consideration of the suicide attempt that caused the need for reconstructive surgeries

and need for psychological care

77) This intentional interruption of medical applications by unqualified doctors gross

negligence and medical malpractice by the eeJ medical personnel and guards by order of the

court and DA voided the insurance policies that were fully funding the plaintiffs medical

requirements leaving the plaintiff with no clear means to finance and finish the needed surgeries

required for the completion of the reconstruction They failed to provide any psychological care

at all except medications that Plaintiff was currently taking by prescription while incarcerated

by their authority Willfully and knowingly causing Plaintiff to remain indefinitely in the

disabled state inflicting wanton pain and injury by their actions

78) The transportation of the plaintiff to a nearby hospital for emergency medical attention is not

on court record (docket) as approved through Stone This is not the required accurate account

and maintenance of record by the eeSD jail or court record of placement and location of an

inmate in their charge The plaintiff alleges that this was done on purpose to conceal the fact that

the plaintiff was injured in their unsanitary conditions under cruel and unusual punishment

confinement These conditions well below the care afforded by comparison to basic civilized

human standards in outside medical facilities or to other inmates As was the order on the court

docket from Stone to destroy medical records less than 30 days after transfer to ODOC

custody when laws clearly state the requirement to keep and maintain accurate records by the

jail

79) They caused injury by an infection to the fresh surgery area by placement in an unsanitary

non-medical unit next to a toilet Repeating the segregated housing conditions after discovery of

the infection in spite of the emergency medical treatment at Bay Area Hospital Along with

Plaintiff experiencing pain and suffering in his back hips head neck shoulders and arms due to

the lack of proper bedding and inadequate mat to cushion against the concrete floor on the

inmate with preexisting back injury The conditions sealed off all visual connection of the world

outside the cell by a rug held in place with magnets obstructing the transparent window which

Page 20 of49


inflicted or otherwise caused unnecessary and profound psychological and emotional trauma in

the dungeon-like setting With no out-of-cell recreational activity allowed for an arrestee with

their own indications of mental disorder and obvious pending serious medical condition They

continued with the deprival of sleep by waking the plaintiff to have him sit up so they could

assumably verify he was alive during the random and erratic cell checks As well as the constant

activity and loud talking among the guards outside the cells

80) Upon return from the Bay Area Hospital (BAH) in Coos Bay Oregon after being treated

with the assistance and directions of Plaintiffs doctor (Dr Eric Dircks) by phone given

recommendations which were not followed as instructed and altered at the jail The plaintiff was

returned to similar conditions with the same unsanitized mat and blanket And placed again on

the floor next to a toilet This time intensifying the punishment and adding to the psychological

quandary by placement in a solitary confinement cell with covered window for the next 10 days

Not a medical unit Neither the community cell nor the solitary holding cell was furnished with

cleaning supplies or hygiene items such as towels soap toothpaste toothbrush mouthwash or

allowed out of cell recreation time at any time in the cells during the period of 6-27-2008 to 7shy

14-2008

81)The only availability to hygiene accommodations was if and when the guards whims were

inclined to allow the use of the printing area sink and mirror (at no specific or regular time)

outside the cell in the processing area which showed no indication of being cleaned regularly

and possibly a source or contributor for the following infected area The medical personnel felt it

to be the plaintiff s responsibility to care for and to prevent infection without any in-cell hygiene

products under these conditions

82) The solitary confinement cell was less than 36 square feet of floor space mostly occupied by

the mat provided (estimated 36 inch x 84 inch pallet) in front of the door and within arms-reach

of the toilet The only window covered by a piece of carpet held in place with magnets in both

cells Creating a dismal depressing and dungeon-like condition for the pretrial detainee who had

been indicated as having a mental disorder obvious enough for the untrained and inadequate

personnel to detect in their evaluation questionnaire that was administered by the physicians

Page 21 of49


assistant No qualified psychological monitoring or therapy was provided or offered at the jail

No hygiene supplies except as previously described were allowed

83) The house arrest conditions were not the least onerous conditions when the plaintiff was

confined to the interior of the building and guarded by erratic patrols in addition to the ankle

monitor by the LCSD then later CCSD and BPD With the volunteer efforts of Bandon PD

(upon understanding and belief offered by Officer Larry Lynch) who assisted as liaison for the

DA by leading the arrests on 6-27-2008 and 8-12-2008 Lynch fulfilling a personal interest for

revenge after being indicated as using stalking and entrapment practices to catch alleged DUll

violations in a court hearing some years prior

84) Lynch (by understanding and belief) assisting and overseeing the investigations at P-N-P

market He conspired with the DA to instigate a trespass complaint executed by manager Larry

Flynn filed at the BPD on 8-18-2008 by slanderous defamation of Plaintiffs character Plaintiff

had only purchased food (including the supplement items suggested and prescribed by his

doctor) medical and hygiene items on 8-12-2008 Plaintiff did not commit a crime or cause a

problem resulting in removal from the premises at any time past or present

85) By infonnation and belief this defamation of character and slanderous act was implemented

at the direction of the DA and overseen by Lynch to entrap or otherwise make it possible for the

plaintiff to commit a crime if he were again released and entered the property to obtain food or

supplies needed for adequate medical care for himself And to justify the arrests that had already

taken place in addition to enforcing the DAs oppressive custody of the plaintiff Providing a

means of pleasing his sadistic and malicious desire to impose punishment and authority over the

submissive plaintiff without due process of law

86) The release in July did not require the bail to be posted as directed by the court But was

(conveniently) reinstated and enforced when the DA had the plaintiff arrested in August After

which completely stopped all further medical administrations and contact with the plaintiffs

doctor and associated visits already scheduled The last scheduled appointment in October was

not allowed following the prearranged healing period that was being monitored by Dr Eric

Dircks in Portland Oregon The reconstructive operations and monitoring was ceased Further

access to Plaintiffs doctor (Dircks) no longer allowed knowingly and intentionally leaving

Page 22 of49


Plaintiff disabled The PD (Cox) refusing to become associated in any way with the medical

issues Suggesting repeatedly for Plaintiff to hire an attorney to address them Knowing by his

appointment that Plaintiff was unable to do so Cox did not make Plaintiff aware of any other

means to address the complaint except a lawyer Yet with minimal and inadequate research

attempted to offer a defense speech that didnt thoroughly represent the plaintiffs interests by

mention of the prescribed liquid food supplement that was the prime reason for the store visit

originally

87) The infection of the plaintiffs fresh surgery occurred within the first 6 days in the

community holding cell at CCJ The plaintiff notified the guard who confirmed it and informed

the physicians assistant (pA Justine Piper) She (acting outside of her scope of duty

qualifications and licensing to offer diagnosis of any kind) confirmed the infected area and

referred the issue to Dr William E Davis head physician of CCJ Davis confirmed the infection

the following day and arrangements were made to transport the plaintiff to Bay Area Hospital

(BAH) for treatment The medical personnel insisted on a release of information to be able to

treat the medical need indicating their lack of expertise for any treatment applications The

plaintiff complied with the medical personnel having access to the records and his doctor in

Portland to assist them in treatment ofthe plaintiffs serious medical needs

88) There was no record of approval by the court (Stone) to transport the plaintiff to the

emergency room at the hospital By understanding and belief the records (required to be

accurate and kept for a designated time by law) were destroyed (altered by destruction) to cover

the fact that the plaintiff was injured by the deliberate mistreatment medical malpractice gross

neglect and unsanitary conditions ofsegregated confinement for punishment at the CCJ imposed

by the request of the DA and order of Judge Stone The cells were not cleaned regularly Nor

cleaning supplies provided to the detainees in the holding area Medical records ordered by Stone

to be shredded shortly (less than 30 days) after Plaintiffs being transferred to Oregon

Department of Corrections (ODOC) in further attempt to cover the evidence that would indicate

their neglect abuse punishment and failure to provide adequate medical treatment and living

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89) The plaintiff was allowed his first shower after the infection was discovered and prior to the

transportation to BAH Afterwards only allowed 2 more showers in the following 10 days prior

to release on July 14 2008 without bail being posted or asked for by the CCSD jail (or other

unknown authorities) failing to adhere to Judge Stones order On August 12 2008 bail was

reimposed (by unknown authority) to confine Plaintiff which stopped all medical treatment and

scheduled doctor visits to complete his facial reconstruction in progress

90) Plaintiff tried many times to bring this to the attention of Cox who stated the plaintiff had to

hire an attorney to address these issues and would not discuss them further He did not instruct

Plaintiff of any means to address the issue in jail Literally sweeping it under the rug and thus

knowingly aiding and abetting in the mistreatment under cruel and unusual punishment

circumstances that were brought repeatedly to his attention

91) His cooperation with the DA was also apparent when Cox made no objection to guards

entering the courtroom while he was presenting his defense speech on 8-12-2008 before a

verdict had been entered The intrusion was enough that Judge Stone attempted to repeatedly

make it clear that he had not summoned them But Cox offered no objection This gave Plaintiff

the impression that the hearing outcome was prearranged prior to court in a different private

meeting with only the counselors and judge present This impression was reinforced by the PD

glancing at the DA then the plaintiff without any interruption in his presentation Stones

reaction was that the cat was out of the bag and he wanted no blame for the mishap or possible

illegal proceeding

92) In punishing the plaintiff for purchasing supplies (food hygiene medical supplies

prescriptions) on a prescheduled day (with no designated time restriction or specific route to

adhere to) Judge Stone failed to distinguish between avoidance of responsibility and forced

necessity caused by the oversights and lack of provisions in the generalized and incomplete

contract when he considered Plaintifrs actions to be in contempt or otherwise inappropriate

displaying his willingness to side with the DA and impose and enforce his own mechanisms in

the punishment of an unconvicted pretrial detainee Stone treated Plaintiff as if he were already

tried convicted and on probation of some sort rather than extend the benefit of the doubt to a

person supposedly assumed to be innocent until proven guilty

Page 24 of49


93) His eagerness to side with the DA version in the hearing didnt consider the cause of action

as a whole under the extraordinary circumstances and exercising of his authority to emphasize

that Plaintiff was indeed under custodial restriction of liberty and control of Coos County

officials by his approval

94) Stone treating the plaintiff as ifhe were a convicted person by placement in similar though

more onerous conditions This type of grouping failing to correctly classify the individual

circumstances due to his lack of medical managerial or other knowledge outside of his norm

ignoring or not otherwise realizing or taking into consideration the facts involved in the

individual case displaying prejudice when this treatment categorized this pretrial circumstance

along with other convicted cases

95) Plaintiff was placed in segregated confinement in harsh conditions with complete disregard

and failure to consider that Plaintiff was arrested (without resistance) at his home (indicating no

attempt to abscond) and had repeatedly proved to be prompt in attendance of all court

summonses with no attempt to contact persons restricted by the courts order This

administrative restriction indicating that Plaintiff was at all times under the authority control

custody and discretion of Coos County and Court authorities and their subordinates while under

the improvised jail setting ofhouse arrest which is not extended to all other pretrial detainees as

equal treatment or due process of law This false imprisonment violating Plaintiffs right to

liberty as a nonconvicted pretrial detainee

96) In punishing the unconvicted Plaintiff Stone also displayed his prejudice by failing to

consider that Plaintiff had just arrived back form an extensive trip to his doctors office (6 112

hours minimal driving time one way) to discover nothing he could eat and no guarantee

(provided by the court in the house arrest agreement contract) of anyone providing the food

hygiene medical supplies or prescriptions for him and acted in bad faith in doing so Stones

failure to insure for Plaintiff s basic human needs and properly oversee the provisions of the

contract that he approved placed Plaintiff at risk of serious injury by knowingly willingly and

intentionally depriving him of the means to provide these items for himself The other occupant

of the residence in no sense obligated to provide services of any kind and under no court

obligation to return to the residence at any given time This neglect of duty (failure to insure

Page 25 of49


Plaintiffs safety or provide a means to acquire basic needs) by Frasier Gillespie Stone and Cox

left the disabled Plaintiff to survive on his own or otherwise provide for himself creating and

implementing cruel unusual and unlawful punishment conditions by doing so

97) Stone acting outside his scope of duty in a managerial capacity acted in bad faith and failed

to consider Plaintiffs medical conditions because of his lack of medical knowledge or related

training This was the basis and purpose of house arrest imposed at the DAs request to begin

with by imposing a punishment as if the condition were originally set for a judicial purpose

Their theory assuming (by understanding and belief) that someone else would carry the burden

of responsibility that the Coos County Jail Gillespie Frasier and Stone with the cooperation of

Cox were trying to avoid Their negligence again failed to provide any guarantee of provisions

for the plaintiffs basic needs medical needs or safety His decision to punish Plaintiff by

placement at the jail subjected him to harsh treatment by the jailors and inadequate medical

personnel in a nonmedical setting (resulting in injury) from 6-27-2008 to 7-14-2008 when

Plaintiff was released without posting bail on a medical furlough (limited to 10 days by law but

not adhered to) then placed back into house arrest without a hearing at the orders of the DA

98) This action only adding to the quandary of whether the plaintiff was unlawfully deprived of

his right to liberty without due process of law without competent and aggressive council to

defend his placement in a setting that would later prove to deny Plaintiff credit for time served

under these conditions along with intentional delay and deprival of his right to a speedy trial and

delay in invoking his right to bail (Used only as a means of punishment of the indigent

Plaintiff )

99) The defendants acted in bad faith from the beginning interfered with Plaintiffs medical

applications by stopping them altogether and tried to off their responsibility onto ODOC

when they turned over custody and the abuse continued The superior authorities whomiddot are

intimately schooled in human vulnerability and weakness in their ignorance of law legal or

other court procedures and available rights and court proceedings exploited those emotions and

ignorance to achieve a goal outside of their scope ofduty

100) All officials involved in any way should have known these conditions were not the least

onerous and placed Plaintiff at risk of serious injury Including the appointed council who was

Page 26 of49


supposed to be looking out for and defending Plaintiffs rights Stones comment of thumbing

his nose at the court displayed prejudice (that Cox failed to object to in the course of Plaintiffs

defense) by complete disregard of Plaintiffs physical and mental disabilities And being

restricted in the improvised civil confinement at a residence without anyone assigned to care for

any ofhis needs in any way

101) Cox failed to defend or address this disability that Stone and Gillespie imposed at the

DAs request for purposes other than judicial or prosecutorial Plaintiffs belief and

understanding of the conditions left no other choice but to care for himself any way he could

Using his own interpretation for compliance with the unclear alternate confinement terms in his

efforts to survive Believing to be justified by the medical and basic human needs previously

described Defendants ignoring Plaintiffs serious medical needs with deliberate indifference

concerning his speech impairment eating disability indication of suicide potential and

depriving him of the due process and equal protections such as the right to bail the right to a

speedy trial and right to an aggressive and competent defending council to look out for those

rights Those rights to include the right to be free of cruel and unusual punishment due process

oflaw and equal treatment oflaw

102) The conditions failed to designate a restriction of time limit specific route or

disallowance regarding the obtaining of food on prescheduled release days They failed to

appoint a caretaker to attend basic human needs or medical requirements other than doctor visits

Considering the fresh surgeries and open wounds at the time of the initial applications its only

reasonable to assume there would be prescriptions and other additional medical needs involved

along with basic human needs

103) Stones prompt punishment of the pretrial detainee for his own oversight by imposing

$500000 bail (knowing the plaintiff to be indigent by the appointed council willfully insuring

incarceration as punishment) and immediate jailing carne a few months late in allowing Plaintiff

his proper right to bail He knowingly willingly and intentionally deprived Plaintiff of his right

to liberty and right to bail by his agreement of placement into house arrest conditions that were

knowingly put into effect to avoid medical expenses to the CCJ And should have stopped it

Page 27 of49

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immediately when the DA stated so in court Stone failed in his duty to provide equal protection

of the law as described in the 14th Amendment of the US Constitution

104) Not to mention the invasion of reasonable right to privacy that neither Stone nor Cox

objected to when the DA stated he had investigated the cost of Plaintiffs future surgeries in

open court Cox making no comment to the plaintiff that a specific release was needed (and not

provided to the DA) to allow him to look into any medical records in his illegal investigation

Plaintiff being ignorant to these procedures but Stone and Cox were not This violated Oregon

Statutes Federal Acts and the US Constitution 4th 5th and 14th Amendments In ddition to

Stones disregard of the required oath ofoffice to uphold the US Constitution as a servant of the

pUblic

105) It was evident that the DA was aware of the need for medical attention by conspiring to

impose house arrest confinement (and the mentioned letter mailed to the plaintiffs home

address) after being informed of Plaintiffs whereabouts in Siletz after hospital release But until

his estimate in open court revealed the estimated extent of his inquiries was the DAs

investigation known to be more in depth than the knowledge of being released from the hospitaL

And not from his doctors care pending the unfinished surgeries requiring periods of healing

Plaintiffs voluntary presence criminal history ownership of property long term residence

family ties diminished condition in court and obvious need for medical care (confifqled by the

DA) making the possibility of absconding or being a danger to society highly unlikely

106) Plaintiff was taken to CCJ and placed in the general popUlation area the second time he

was punished by Stone at Frasiers asking on 8-12-2008 His eating needs ignored by the

incorporation of regular menu diet items with the use of a baby spoon to compensate for the

subnormal mouth opening There was no consideration of the facts (clearly indicated by x-rays

and available council of qualified doctors at LEH CCJ medical personnel had access to)

showing the eating disability and inability to chew food due to lack of a lower gum line and

bone sections missing on the upper gum line which did not allow the upper and lower to meet at

any point

107) The CCJ medical dept was aware that the plaintiff had no teeth at all by their own

examinations and statements by the plaintiff to their medical personnel But offered no eating

Page 28 of49


therapy for a safe transition from liquid to solid foods Leaving Plaintiff to struggle to learn on

his own Another obvious indication being the tube in Plaintiffs stomach and the liquid food

supplement Plaintiff had brought with him to the j~il when he was arrested ~ich they

continued to administer at the jail before the unqualified CCJ medical personnel made the

decision to discontinue it altogether

108) The trial was stalled in a number of ways starting with the charge of attempted murder

which the DA incorporated to delay the proceedings as a strategy to avoid medical responsibility

(that he admitted in court as the purpose of the house arrest release he insisted on and conspired

to instigate) Both the DA and the PD failed to actually or physically examine the evidence

found at the scene of the alleged crimes By understanding and belief relying completely on the

written reports submitted for issuance ofcharges and beginning of a defense strategy

109) In that evidence was 2 shell casings of6 duckshot A compound designed to dissolve if

the waterfowl (usually weighing less than 5 pounds) was not lethally impacted by the round By

understanding and belief this shot design is not considered lethal or recommended for a creature

as small as a goose or a turkey at 10 yards or more And is not allowed at all in the harvesting of

game as large as a deer due to its nonlethal properties Following this same reasoning the round

assumably would not be considered a lethal round to an animal as large as a human at a distance

of 10 yards or more

110) Had they properly examined the evidence this would not have sustained a charge of

attempted murder Or provide a means to neglect giving the plaintiff his right to a speedy trial

afforded by due process of law and guaranteed protections of the US Constitution which were

ignored by both counsels the appointed PDs lack of thorough investigation denying Plaintiffs

right to aggressive and competent council as guaranteed by the 6th Amendment of the US

Constitution

Ill) The delays were due to unavailability of the DAs schedule Stones schedule along with

the PDs vacation superseding the trial and the necessary work to properly build a case to defend

the plaintiff Cox had almost 2 months to investigate the evidence and failed to do so prior to

beginning a psychological defense which would only provide a different punishment over an

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undesignated time period The length of incarceration being left to the opinion of a doctor rather

than a set prison sentence Cox did not clearly explain this to Plaintiff at any time

112) With Stone aiding and abetting them the counselors also delayed the trial- to define

Plaintiffs mental competence at the time of the alleged crimes Not to stand trial These delays

were in excess of the time allowed to take a matter to trial This caused the plaintiff to suffer

mentally and emotionally with no psychological monitoring provided during his incarceration A

suffering that no law can remedy or compensate The jail failed to distinguish between a

mentally ill inmate who also requires medical attention and a normal inmate by ho~sing them

together in cells designed to contain a detainee for hours (not days) at a time

113) CCJ failed to provide adequate mental health providers and monitoring in addition to

the physical pain suffered because of improper sleeping posture and lack of padded protection

from inadequate bedding on a concrete surface while he was incarcerated at the CCJ The bunks

made of concrete with only an approximately 112 inch fiber-filled mat provided for protection

between the inmates and the hard surface The last time period from 8-12-2008 to 12-11-2008

causing pain in Plaintiff s shoulders hips back arms head and neck A period of approximately

4 months not including the previous custody of the post-surgical pretrial detainee

114) The medical personnel court and jail supervisors knew or should have known of the

seriousness of Plaintiff s condition (including the back surgeries indicated in the medical

history) as a clearly described disability by Title 42 USC sect 121 02 definition of a disability of

chapter 126 of the Public Health and Welfare under clauses 1 (A)(B)(C) 2(A)(B) 3(A)(B)

4(A)(B)(C)(E iiiiiiiv) sect12101-12213 including caring for oneself 192 ALR Fed 483

perceived disability 148 ALR Fed 305 speaking 195 ALR Fed 407 eating 198 FLR 209

breathing 194 ALR Fed 455

115) Plaintiff alleges the DA CCSD LCSD Judge Stone Judge Gillespie Conmed Medical

services personnel and security personnel at CCJ failed to recognize and provide adequate

treatment including therapy to instruct Plaintiffs transition in how to eat safely (placing him at

risk of serious injury every time he ate without proper supervision education or instruction by

an overseer to insure his safety as he learned to adjust to regular diet items) and all other

considerations of Plaintiffs condition as required by the ADA 1990 Thus committed medical

Page 30 of49


malpractice torture and wanton infliction of pain in their various acts of negligence and

punishment of a non-convicted pretrial detainee who was not on parole or probation and only

alleged to have committed a crime

116) The Plaintiff also alleges that the CCJ at the direction of the DA and jail superiors

should have known that more depression emotional distress and quandary might occur because

of the segregated and isolated conditions preventing a connection with the world outside the cells

by covering the only windows with carpet They failed to identify and provide adequate

treatment and monitoring for his mental disorder and in fact intentionally and knowingly

inflicted emotional distress from their threats and conduct which was in the extremes and so

outrageous in character as to be regarded as atrocious and shocking to a civilized community and

beyond all bounds of decency when the restraints were more than would be extended to a

convicted person on a house arrest or work release Who would not be punished for the same

actions of providing necessities not provided for in their restrictions at a time he was allowed to

be out of the restriction at the home The punishment included stopping further doctor visits after

81212008 Plaintiff being submissive at all times and cooperating as well as he could in his

understanding of the conditions

117) Their actions intensified the mental duress by placement on the floor similar to treatment

of an animal being provided only a mat (or pallet) and 1 wool blanket which was placed (at the

guards direction) near the door and a toilet The mat being inadequate to protect or otherwise

cushion the plaintiff from the concrete underneath Taking in no consideration that what is

tolerable for one person may be torture for another eg an inmate without injury as opposed to

the Plaintiff with back knee and leg injuries

118) The guards covering the only window of the cell so arranged as to sever all visual

connection with human society outside the cell Erratic infrequent or irregular visual

inspections by guards of a known suicidal inmate did not insure the safety or psychological well

being of the incarcerated individuaL Lights in the holding cells were on 2417 that made sleep

difficult at best Compounded by constant activity and voices outside the cells when new

detainees were being processed Guards talking amongst themselves over any number of topics

Page 31 of49


related and unrelated to police activities Also providing the wrong diet in their misdiagnosed

(and malpractice) solution to a condition they were not qualified to address

119) These punishment conditions were in violation of the guaranteed protections against cruel

incarceration conditions of the US and Oregon Constitutions and interfered with the plaintiffs

right to proper and adequate medical care PD Cox allowed this to happen with a blind eye and

deaf ear when he visited the plaintiff in these conditions on two separate occasions and the

approval by order to these conditions by Judge Stone the DA and CCSD sheriff authority

120) Neither the DA nor the PD had physically inspected the evidence and allowed placement

an unfounded charge to avoid the time limits Plaintiffs right to a speedy trial bail along with

the medical costs involved in incarcerating the plaintiff at the jail The DA removed the

attempted murder charge from the plea bargain only after the interview with Dr Ann-Marie

Smith in which the plaintiff stated to the doctor that the ammunition allegedly used was birdshot

and nonlethal to a human This was conceded by both the DA and PD at the plea meeting when

the DA first brought this fact to the court by reference to the interview (which is not supposed to

be used in the plea meeting) Violating doctorpatient confidentiality in the illegal admission into

evidence and court record Which was not objected to by Cox

121) The breach of patientdoctor confidentiality by the intrusion of nonmedical personnel

would cause the relationship to honesty in describing symptoms which is necessary for the

treatment to suffer If the patient cannot confide openly with his doctor without fear of risk that

the information will become public information the doctor may not have the critical information

necessary to accurately diagnose and treat the patient Thus misdiagnosis and injury may occur

due to lack ofneeded information that was withheld

122) The DA also introduced false evidence by way of photos that were intentionally reversed

by the negative in an attempt to indicate or sway a jury or judge that the shot-wad bruise was

near the alleged victims heart (Again an indication of unthorough investigation by the PD)

When in fact the alleged wound was on the right side of the victim as was explained to the PD by

the description of the way the victim was facing when he was allegedly shot Cox neglected to

bring this as an argument in his motion to dismiss Also indicated by the description o(where the

plaintiff allegedly entered the establishment in relation to where the alleged victim was standing

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at the time of the alleged shooting The PD made no objection to these specific photos The

photos entered were false evidence and is a punishable offense by law (These same photos were

sent to the Attorney General and used as evidence at a PPR hearing in 2011)

123) From the time of the alleged crimes and while Plaintiff was hospitalized the DA planned

to avoid the medical expenses (this is admitted in court transcripts) with use of laws related to

charges (such as attempted murder) which extends the timeline to trial By understanding and

belief the DA has conspired and manufactured a means to avoid possible medical expenses (a

matter outside his scope of duty or prosecutorial and judicial concern) by incorporating this

charge and with the cooperation of LCSD conspired to allow the costs to be deferred to the

plaintiff Furthermore the DA interfered with the medical needs by discontinuing further

appointments and violating the Fourth Fifth Eighth and Fourteenth Amendment due process

rights and guaranteed equal protection of state and federal constitutions among other

international laws and acts adopted by congress

124) The DA investigated the plaintiffs future medical requirements and invaded Plaintiffs

reasonable right to privacy by announcing his cost estimate in court and making Plaintiffs

alleged costs public information Judge Stone should not have allowed this information to

become publicized The PD failed to object to the invasion or protect Plaintiffs right to

reasonable privacy Both Stone and Cox aiding and abetting the DA who also recommended to

the court as to how the CCSD should spend their budget set for this type of purpose (It isnt the

job of the DA to manage the sheriff dept budget or allocate the way funds are spent) The

managerial subject matter having nothing to do with the prosecution of alleged charges and

clearly outside the judicial concern The plaintiff promptly attended each time he was summoned

to court with slight considerations for doctor appointments made in advance And believed

competent by both judges to be held accountable for his answers at every hearing

125) The house arrest punishment for purchasing necessities along with prescribed items

conspiring to avoid medical expenses invasion of privacy conspiring to instigate a trespass

charge (by understanding and belief aided by liaison Larry Lynch) injured the plaintiff by

knowing recklessly and intentionally causing physical injury mental and emotional distress

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defamation of character and slander were all engineered by the DA with cooperation of others

mentioned

126) Since the house arrest was not for a judicial purpose but was implemented as a

managerial concern for the Coos County sheriff department budget the arrests on 6-27-2008 and

8-12-2008 were for falsely justified as they lacked subject matter to enforce and were not

properly executed without a predeprival hearing As such illegally incarcerated the plaintiff

without due process requirement of law being met which has caused an atypical and significant

hardship liberty issue violating Plaintiffs 14th Amendment right to due process

127) After bail was set by Judge Stone it was waived (by belief and understanding) at the

convenience of the sheriff upon orders or approval of the DA after the 18 day segregated and

isolated punishment for a medical furlough Then the house arrest was reimposed without a

predeprival hearing (by belief and understanding at the DAs order) after the 7-14-2008 release

Which made the arrest on 8-12-2008 illegal as well as the following incarceration that interfered

with the serious medical needs with deliberate indifference by inadequate personnel There was

no written agreement to allow the alternate incarceration approved by the court Nor does the DA

have the authority to impose such restrictions of liberty without court approval And is evidence

of the malicious prosecution of the DA and desire to punish at any cost

128) This precipitated his further conspiring to violate Plaintiffs right to liberty access to

medical supplies and basic needs by enticing a manager to impose a trespass complaint to allow

the plaintiff to commit a crime and restrict him form entering premises without committing a

crime The implementation was slanderous and defamated Plaintiffs character where he had

been peacefully doing business since childhood This deprived Plaintiff of medical needs and

interfered with his right to privately conduct business in violation of the 1 st 4th 8th 9th and 14th

amendment rights and caused wanton infliction mental duress in the form of anger frustration

stress depression and emotional anguish

129) The house arrest was implemented before the plaintiff was informed of his Miranda

rights and after the public announcement ofcharges This also deprived him of a speedy trial and

bail as an option because the DA and Coos County sheriff refused to incarcerate him to avoid

the medical expenses involved This act created an atypical and significant hardship although

Page 34 of49


they claim Plaintiff was not in custody and accordingly didnt credit his time under the

restriction Since the authorities claim there was no custody the plaintiff was held illegally

(without due process of law) in cruel and unusual conditions that restricted his liberty in

violation of the 1 st 8t and 14th Amendments

VI CLAIMS

~~ 130) Plaintiffrealleges and incorporates by reference paragraphs181hrough 130

131) Plaintiff claims and invokes all rights privileges protections provisions and guarantees

of the Oregon Constitution US Constitution Amendments federal acts state and federal

statutes rules and laws declarations and adoptions of any internationally recognized group that

may be or may become applicable in any way or form that would benefit or be enjoyed by the

Plaintiff in any way including any and all not specifically mentioned and may possibly become

applicable to this 42 USC1983 complaint

132) The house arrest and other restrictions were in violation of the First Fourth Fifth Sixth

Seventh Eighth Ninth and Fourteenth Amendment guarantees and protections by restricting the

pretrial nonconvicted plaintiff in such a manner as to be more extreme than would be on

convicted persons on parole (post prison supervision) probation work or other release

133) In addition to restricting in such a manner as to interfere with Plaintiffs medical needs

and in fact stop and prevent further access to qualified medical personnel The afore mentioned

failed to provide eating therapy adequate medical housing adequate mental health monitoring

and qualified medical monitoring Failing to adhere to the same standard of expertise as other

professionals in the required fields

134) Sheriff Jackson failed to properly train supervise license or otherwis~ provide

adequately skilled personnel to administer the prescription drugs at the jail The CCSD jail failed

to provide adequate medical accommodations for the post-surgical pretrial detainee Their failure

resulted in physical mental and emotional injury by their failures neglect and medical

malpractice They displayed willful disregard of duty by the wanton and negligent act of

discrimination in the placement of a mentally ill detainee in a solitary holding cell with the

Page 35 of49


window covered to sleep on the floor in unsanitary conditions after confirmation of an infected

injury that increased his depression and caused mental distress by their willful tort

135) There is no remedy by law to compensate Plaintiff for this or any other of the mentioned

violations of state or federal rights The house arrest was as much a prison to the plaintiff as

Denmark was to Hamlet The officials mentioned were neglectful and abusing their authority in

the way they handled the situation interrupted Plaintiffs serious medical needs failing to

provide properly trained personnel to accommodate the medical needs of the plaintiff They

failed to provide adequate psychological personnel to monitor treat or diagnose Plaintiffs

condition while in their custody which started with the house arrest And was never at any time

removed (only transferred from house arrest to CCJ facility and eventually to ODOC) except

after Plaintiff conceded to agree to a plea to protect his family from the malicious prosecution

already being endured by the plaintiff

136) Plaintiff alleges by understanding and belief that the records including medical records at

CCJ and the court were altered omitted or destroyed to cover the facts which would show the

plaintiffs injuries invasion of privacy medical malpractice failure to provide therapy in the

transition to solid food and interference with obtaining adequate medical help and medical

supplies which left the plaintiff disabled in the ways mentioned

137) Plaintiff alleges that the guards were not trained to administer prescribed medications

and acted illegally in doing so with the knowledge of superior officers including the sheriff

Andrew Jackson Dr Davis DA R Paul Frasier and Judge Stone who placed Plaintiff in their

custody and under their authority and control

138) To deny motion is only one freedom but not in itself freedom entirely Some go about

their days bound by invisible walls The walls that bind inmates of a prison are physical Some

walls cannot be seen but bind as strongly as any chain or prison wall These are walls of duty

custom guilt remorse shame just to name a few They are the master over you equally as

dominating as any slave masters whip Its a matter ofperception There are things that bind one

that makes one free There are things that free only to further bind House arrest is one of those

freedoms that were imposed onto the plaintiff by authorities preying on his depreciated state of

mind body emotions and ignorance of law which is why our founding Fathers implemented the

Page 36 of49


US Constitution to begin with It was walls such as these described that imprisoned the Plaintiff

who felt he had no choice in acceptance or denial of the house arrest conditions at the time

139) Plaintiff tried within his knowledge beliefs and understanding to take responsibility

and cooperate under extreme physical mental and emotional conditions Only to be abused

tortured punished and met with deliberate indifference to his serious medical needs by their

deprival and severance of the only financial means to care for his needs himself leaving him

disabled and at the mercy of the incarcerators The only concern of the officials was to avoid

medical costs which were fully funded by insurance policies at LEH Their methods of coercion

finally taking their toll by acceptance of the plea to protect his family from being taken to trial

140) The defendants deprived or otherwise failed to provide the plaintiff of his guaranteed

rights of the Oregon Constitution and US Constitution Amendments that cannot be remedied by

law including the equal protection and due process of the

141) First Amendment inflicting atypical and significant hardship by restricting liberty in

house arrest conditions that were not to secure attendance to court securityprotection of the

public or the least onerous but for deference of medical costs outside their scope of duties

After revocation of house arrest by Stone imposing isolated segregated punishment without a

conviction of a crime the DA implemented house arrest without a predeprival hearing to

reimpose the confinement conditions hnposing isolated segregation arid punishment without

conviction of a crime pertaining to a medical issue by an impartial forum to oversee the

proceedings that were not a judicial or prosecutorial concern These conditions interfered with

Plaintiffs serious medical needs depriving basic human needs by their indifference and coercive

actions on a mentally ill person uneducated in legal requirements that would have been known

to the DA Cox Judge Stone

142) Fourth Amendment invasion of reasonable right to privacy with aiding and abetting by

the judges acting in a managerial capacity allowing the DAs declaration of illegal access and

investigation of medical records without Plaintiffs release or permission or court orderwarrant

and the court and PD allowing announcement of his estimate and recommendations of CCSD

budget spending in open court to go uncontested The DA acted outside his scope of duty in an

investigation that had nothing to do with the charges alleged by the grand jury indictment The

Page 37 of49


t j

medical issues not being a judicial or prosecutorial issue and allowed by the judges to be

incorporated as house arrest incarceration (by belief and understanding in lieu of a medical

furlough) for which they all should have known would place the suicidal candidate at risk of

serious injury without adequate psychological monitoring andor constant supervision exposed

by the obvious evidence of a suicide attempt on public record in addition to the physical

appearance of the plaintiff The DA referred to a statement made to the States psychologist

(Ann-Marie Smith) at a plea bargain hearing as a breach of confidence in that type of

proceeding

143) Fifth Amendment denial of equal protection and due process infliction of punishment

of a pretrial detainee not on parole probation or convicted of any crime by house arrest

placement segregated and isolated punishment for violations not stated in the dictated contract

There was no claim of a crime stated in relation to the revocation of the house arrest restriction to

warrant punishment and has no remedy by law for the illegal incarceration by conviction without

a proper trial to determine the issues of the claim Invoking court action and imposing conditions

of house arrest prior to informing Plaintiff of his Miranda Rights and presence of competent

and aggressive council to defend his rights during questioning

144) The DA failing to send the alleged letter to the last known location after being contacted

by the Plaintiffs relative upon discharge from the hospital and failing to alert Plaintiff of its

existence and contents after forbidding Plaintiff to be in the Bandon area for any reason until the

day ofcourt

145) The authorities placed the plaintiff in cruel and unusual conditions imposed by the

alternative incarceration of house arrest conditions and punishment for obtaining needed

supplies by placement in segregated and isolated housing that was not a medical unit issuing

inadequate bedding depriving him of sleep infliction of wanton pain and injury both mentally

and physically by unqualified personnel assigned to address his condition failing to provide

eating and speech therapy psychological monitoring proper diet and other basic human needs

while in their custody under their authority and control and while under their authority and

control in a nonjudicial nonprosecutorial incarceration that has not been credited or otherwise

acknowledged in relation to time served in the custody of State andor county official control

Page 38 of49 l


146) Sixth Failure to provide adequate and aggressive council who failed to thoroughly

examine all issues and evidence of Plaintiffs case including alleged evidence found at the scene

of the alleged crime The inadequate investigation failing to expose the minimal extent of the

injuries (that medically failed to require as much as a band aid for treatment) And allowing more

severe charges to remain in tact until brought into question at the plea sentencing and allowing

the most extreme punishment to remain unchecked Failing to object to the omission and

definition of the crime that the court used to incarcerate Plaintiff in house arrest and isolated

punishment conditions at the CCJ Failing to provide council that would object to improper

proceedings in defense and protection of Plaintiffs rights during the court processes and in

regards to adequate medical attention at all times of legal intervention including but not limited

to The United Nations Declaration of Human Rights US Constitution Amendments and Oregon

State Constitution rights

147) Failing to provide council who would comprehend and object to mistreatment by

inadequate medical personnel in inadequate medical conditions after physical injury had been

observed especially after being brought to his attention numerous times The unaggressive

appointed defense council aiding and abetting by allowing the conditions to continue unchecked

and refusal to assist in grieving the matter to secure Plaintiffs right to redress the issues

148) Inadequate counseling and failure to defend the plaintiff when he was placed in house

arrest by the DA without a predeprival hearing after release of more than 10 days under the

pretense of medical furlough Failure to protect rights and oversee conditions of incarceration

which placed Plaintiff at risk and caused serious injury

149) Failure of council to object to obvious pre-conclusion of process demonstrated by

presence of guards allegedly not summoned by the court leaving the question of why they were

present and who summoned them

150) Failure of council to explain that the consequences of his defense could possibly have

undesignated incarceration time only under different circumstances and under doctor discretion

rather than a determined time sentence Appointed council failed to defend plaintiffs right to

bail didnt investigate Miranda right presentation date and enforce Plaintiffs right to proper

medical care while in the Coos County jail after it was brought into question and while under

Page 39 of49


house arrest in Siletz He allowed onerous restriction of liberty of a nonconvicted pretrial

detainee that interfered with serious medical needs in a restriction more burdensome than a

convicted person and without a predeprivation hearing after revocation of the house arrest after

release on medical furlough pretenses Thus failing to uphold Plaintiffs 14th Amendment right to

due process

151) Eighth failed to uphold the guarantee from cruel and unusual punishment Vhen they

interfered and failed to provide adequate medical and psychological care while under their

authoritive control and custody Plaintiffs medical needs interrupted and eventually stopped by

house arrest and incarceration at CCJ who failed to distinguish Plaintiffs requirements by

improper placement classification which caused an infection inflicting wanton physical and

mental pain and injury mental and emotional distress adding to the quandary and shock of

reconstruction and reorientation of a mentally ill potential suicide attempt victim

152) Restriction being more than a convicted person on work release or medical furlough by

not being allowed any outside activity in Siletz (through fraudulent instructions) or out of cell

recreation for 18 days at CCJ from 6-27-2008 to 7-14-2008 And other inadequate conditions as

previously described reincorporation of house arrest without a pred~rival hearinj imposed

without authority by the DA after revocation by Stone on 6-27-2008 5 4~rJ 1 ~ ~)~ulVrD I~~t(~

153) Named Coos County officials failed to provide proper and adequate eating and speech

therapy medical dental and mental health care and personnel with deliberate indifference to

Plaintiffs serious medical needs The officials committed willful interference with Plaintiffs

serious medical needs defamation of character slander setting the stage for entrapment entered

false evidence into court proceedings and wanton infliction of mental and physical pain and

InJunes

154) The Coos County officials failed to provide for Plaintiffs safety in the house arrest

setting and at the jail Officials inflicting punishment on a nonconvicted pretrial detainee

Officials failed to provide for Plaintiffs basic human needs in their requested restriction that

relied on Plaintiffs ignorance and intimidation of the court and officials in charge

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155) Jail officials failed to classify and provide for a mentally ill detainee with serious medical

needs by placement in unsanitary conditions in the holding cells without reasonable access to

proper facilities and supplies rather than placement in an infirmary or other medical unit while at

the jail failing to provide the required special care dictated by the professional standard

applicable and required by law Committing medical malpractice by applying the wrong remedy

to the unfamiliar condition The personnel ignoring the obvious symptoms of speech and eating

disabilities due to their ignorance of the condition and inadequate medical knowledge

156) Stone and the DA implementing charges with a separate sentence ran concurrently for

aspects described in the original charges providing an avenue of double-jeopardy and future

punishment for the otherwise upward departure issue or aggravating factor worded in an

alternate form This punishment approximately 3 times the presumptive guidelines with no

avenue for retribution rehabilitation or good-time credits of any kind regardless of compliance

with rules and is alleged as a political prejUdice against the US Constitutional guaranteed

inalienable right to keep and bear arms and as such is an act of treason against the US

Constitution

157) The ninth Amendment stating that no State can implement laws that will supersede any

of these protected and guaranteed rights and with regards to measure 11 allowing excessive

incarcerated custody minimums a second felony sentence then adding additional post-prison

supervision (parole ) conditions by the sentencing court contrary to acceptable sentence

structure guidelines

158) Fourteenth guarantee of due process and equal protection for all prisoners under their

authority and custody which controlled the plaintiffs movements in an alternate jail setting by

electric monitoring at all times during his incarceration ofhouse arrest restrictions and placement

in segregated confinement without committing a crime or security risk related to operations of

the jail

159) The authorities and appointed public defender failed to insure Plaintiffs safety placed

him at risk of serious injury aided and abetted in infliction of wanton pain and suffering failed

to provide adequate medical accommodations by therapy diet psychological care and

monitoring and inadequate infirmary housing for a post-surgical patient and illegal alternate

Page 41 of49


incarceration and deprival of liberty without the due process of a predeprival hearing which was

dealt as punishment and is cruel and unusual punishment in addition to the sentence

160) NOTE Post deprival remedies- 1) if the court has already held that a predeprival or

reasonably prompt hearing is required a post deprivation remedy doesnt satisfy due process

Patterson v Coughlin 761 F2d 886 892middot93 (2nd cir 1985) McClendon v Turner 765 F

Supp 251 254-55 (WD Pa 1991) Jones v Smith 607 F Supp 251 256- 57 (EDPa 1984)

2) If the deprivation was random and unauthorized a post deprivation is sufficient The courts

have reasoned that in such cases it is impossible to provide a hearing in advance so due process

is satisfied by a hearing afterwards If predeprivation is possible post deprivation doesnt meet

due process requirements Zinermon v Birch 494 US at 136-40 Burtnieks v Ci~ of New

York 716 F2d 982 988-89 (2nd cir 1983) predeprivation process is required where there is no

necessity for quick action or impractibility of providing any predeprivation process 3) A post

deprivation hearing doesnt satisfy due process if the deprivation resulted from established state

procedure or policy or if it was predictable or authorized New Winsor Volunteer

Ambulance Corps Inc v Meyer 442 F3d 101115-16 (2nd cir 2006) actions were not random

and unauthorized when performed by officials with final decision-making authority McClendon

v Turner 765 F Supp 251254 (WDPa 1991) A practice can constitute a policy or establish

procedure even ifit is contrary to state or local law Honey v Distelrath 195 F3d 531534 (9tb

cir 1999) Hicks v Feeney 770 F2d 375 378-79 (3rd cir 1985) Spruytte v Walters 753 F2d

at 509-10 Burtnieks v City of New York 716 F2d at 988

4) If the people who denied a proper hearing were the same people who had the ability and

authority to give you a hearing a post deprivation remedy doesnt satisfy due process Zinermon

v Burch 494 US 113 138 110 SCt 975 (1990) Honey v Distelrath 195 F3d 531 at 534

(4tbPlumer v State of Maryland 915 F2d 927 931 cir 1990) In short when a state

government can and does provide a predeprivation hearing and charges its employees with

effecting the deprivation complained of the availability of an adequate state post qeprivation

remedy does not standing alone satisfy the due process clause Citing Zinermon v Burch

supra Smith v McCaughtry 801 F Supp 239 243 (ED Wis 1992) Loukas v Hofbauer

784 F Supp At 382 The Supreme Court in Zinermon emphasized that its the unauthorized

deprival of liberty not the unauthorized denial of due process that brings the post deprivation

remedies rule into play The state delegated them the power and authority to deprive liberty

Page 42 of49


along with the duty to initiate the safeguards set up by state law to guard against unlawful

confinement

161) The unlawful confinement failed to provide for the Plaintiff s basic human needs

placing him in an unsafe environment in the deprival of his liberty and failure of due process

violating Plaintiffs 14th Amendment rights was due to Stone and Coxs failure to investigate the

relation to the charges in allowing Plaintiff to be placed into house arrest instead of in the Coos

County jail The house arrest was placed for medical and budget reasons not related to the

charges

162) The defendants failed to keep and maintain records required by law Quickly destroying

evidence of accurate medical records by their actions and failing to follow legal record

maintenance obligations The defendants failed to provide predeprival hearings in June and

August They imposed punishment on an unconvicted pretrial detainee that resulted in mental

and physical injury and placed Plaintiff at further risk of serious injury by not providing the

therapy for a safe transition from liquid to solid foods while in the confinement of the jail and

under house arrest

163) Their actions creating a liberty interest by failure to provide written notice to the last

known address failure to notify of right to witnesses failure to provide counciVassistance to

prepare for the house arrest hearing and application not provided a written statement of reasons

found guilty the decision maker conforming to the DAs request unquestioned Placing

Plaintiff in stricter conditions than a convicted person without a crime conviction or trial House

arrest not for penological interests but for budget accommodations unrelated to the alleged

charges Penalizing a nonconvicted detainee without a crime being committed in conditions of24

hour lighting no human contact other than guards and no outside recreation for 18 days while

confined in administrative segregation for penalty reasons related to a house arrest agreement

that was unclear as to the conditions involving time off unestablished route to and from

designated release conditions

164) Officials conspired to deprive Plaintiffs liberty by house arrest (to avoid medical and

financial responsibility a managerial issue not associated with the prosecution of the charges

announced) and conspired to implement a trespass complaint to deprive Plaintiff of an access to

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medical and basic human needs not provided for in the restriction by the officials at the Price-nshy

Pride market which is the closest market to the house arrest site They committed slander

defamation of character invasion of privacy torture deprival of basic human needs wanton

infliction of injuries and suffering which are all acts of bad faith to avoid medical expenses that

Plaintiff was fully funding on his own prior to their interruption The responsibility passed onto

ODOC by their malicious prosecution actions

165) The officials discriminated against the plaintiffs disability by failure to classify his

condition as unique categorizing his eating disability along with normal loss of teeth in their

treatment of his eating disability applying an incorrect transitional diet without consideration of

lack of gumlines for chewing to accommodate his eating needs Taking gross advantage of the

legally ignorant mentally ill pretrial detainee who was acting in good faith at all times

166) The 14th Amendment reads in part no State shall deprive any person of life liberty

or property without due process of law nor deny to any person within its jurisdictioll the equal

protection of its laws

167) It is in the public interest to uphold the rights mentioned and guaranteed by the State and

US Constitutions

168) When you break the small rules its only a matter of time before the bigger rules are

next

169) Plaintiff alleges the afore mentioned defendants to have committed acts as described

including but not limited to conspiracy to deprive liberty by house arrest interfering with

serious medical needs fraud as described defamation of character while conspiring to deprive

liberty by promoting infliction of a trespass to deprive liberty and interfere with access to

medical needs Fraud in placement of house arrest conditions which were more restricted than

convicted persons

170) Placement of the nonconvicted pretrial detainee in punitive segregation in cruel and

unusual conditions Violating the 1 st 4th 5th 8th and 14th Amendments Depriving liberty without

a predeprival hearing committing illegal incarceration conditions not normally inflicted on the

majority of the general population at the jail Followed by placement in house arrest without due

Page 44 of49


f bull

process with complete disregard of Plaintiffs disabilities or provisions for basic human needs

creating a liberty issue and violation ofConstitutionally protected rights and guarantees

171) The court aided and abetted in infliction of onerous conditions ordered that placed the

Plaintiff at risk of serious injury inflicting wanton pain and suffering as previously described at

the request of the DA as an alternate confinement previously arranged by conspiracy to the

nonconvicted pretrial detainee without applying credit to time served on Plaintiffs sentence

Due to the lack of proper training in the unqualified officials position the court failed to

properly oversee the conditions that deprived Plaintiff of his basic human needs and punished

Plaintiff for the courts error as a nonconvicted pretrial detainee who is not allowed to be

punished at all without due process creating a liberty interest according to the Sandin liberty

interest criteria by seizure of the suspect presumed to be innocent

172) The pretrial detainee placement on the floor of a holding cell is punishment that violates

his rights protected by the USConstitution 4th5thgth and 14th Amendments The cell windows

being blocked to increase punishment by deprival of visual contact outside the cell on a 24 hour

a day lockdown The jail failing to correctly categorize the condition and housing of the mentally

ill pretrial detainee without hygiene or cleaning supplies in the cell or adequate shower access

for the post-surgical detainee or adequate medical housing that caused an infection as described

173) The profiling and deliberate indifference to Plaintiffs unique circumstances inflicting

serious physical mental and emotional injuries by inadequately trained personnel who

negligently misdiagnosed and monitored the pretrial detainee Security guards being untrained in

this area ofmedicine

174) Plaintiff realleges all descriptions as aforementioned in the complaint And

reserves the right to amend as needed to properly state the claim with consideration of ignorance

of law and the disability of being imprisoned without aid of a qualified and aggressive attorney

to litigate his claims

175) Officials refused treatment to continue and caused delays (completely stopping) in

medical treatment at standards set by the primary physician in prearranged appointments in

progress to avoid costs or save money for the Coos County Jail Yet didnt approve bail until it

Page 45 of49

l 1 I


served as a tool ofpunishment depriving proper medical treatment paid for by insurance through

the hospital that left Plaintiff disabled by the incomplete rehabilitation surgeries The jail

authorities took the initiative upon themselves to interrupt the surgeries before the rehabilitation

was deemed complete by the primary physician and released from his care

176) The PLRA 42 USC sect1997e(e) limiting recovery for damages for mental and emotional

injuries sustained while in house arrest may not apply to the house arrest or mentally ill

nonconvicted pretrial detainee on the floor in segregated confinement punishment with no

access to dayroom out-of cell outdoor recreation in holding cells (or Siletz for approximately 2

months) or proper hygiene supplies and showers

177) Stone at the request of Frasier and unopposed by Cox imposed a second felony charge

with a 5 year sentence ran concurrently based on elements that werent proven at trial as

required by the statute ORS 161610 using elements already addressed in the primary charge

agreed to for the plea bargain This double jeopardy was imposed without factual basis proven at

trial implemented to impose an entrapment and increase punishment of a nonexistent future

crime potentially doubling the prison sentence punishment that would result

178) The defendants discriminated against Plaintiffs eating disability by treating him as if his

mouth structure were the same as prisoners who had common extractions and retain t~eir natural

gum lines and bone structure under both County and State authority and supervision

Negligently providing the wrong treatment for the unfamiliar condition

179) The County officials willfully knowingly deliberately and unlawfully confined the

Plaintiff under house arrest as a nonconvicted pretrial detainee for reasons not relevant to the

charges stated Or to assure presence at trial without considering the long term -residency

property and business owner with at least 4 generations of family in the area who had promptly

reported to the court without arrest Other than imposed at the malicious whims of the DA who

sought to control seized custody movements and liberty of the pretrial detainee as he saw fit

The house arrest being approximately 120 days of noncredited incarceration in violation of the

4th 5th 8th and 14th Amendments

I 1

Page 46 of49


bull bull 180) The Plaintiff alleges that the conduct of the defendants and associates (named specifically

or not) described in the documents was so outrageous as to justify punitive and other damages

sought

VII Prayer for Relief

181) Plaintiff prays that this court would enter judgment granting Plaintiff s relief which has

no clear or complete remedy at law to redress the wrongs described herein Plaintiff has and

will continue to be irreparably injured by the conduct of the defendants unless this court

grants the requested declaratory punitive and injunctive reliefby

182) entering a declaration of the acts and omissions described herein

183) granting compensatory damages as previously described

184) granting punitive damages as previously described

185) ajury trial demand on all issues friable

186) providing adequate and aggressive council to properly and effectively present the

interests of the Plaintiff ifPlaintiff cannot provide it for himself due to the disability ofbeing

imprisoned With reservations to reject any he feels as incompetent in his discretion

187) Plaintiffs costs with or without receipt in this suit

188) any additional relief this court would deem proper and equitable

VIII Verification

189) I have read the foregoing complaint and hereby verify that the matters alleged therein are

true except as to the matters alleged on understanding and belief and as to those I believe

them to be true I certify under the penalty of purgery that the foregoing is true and correct to

the best of my knowledge All proceedings hereafter will be referred to as Monte Callaway

(plaintiff) v R Paul Frasier et al (defendants) or Callaway v Frasier et al unless this is

related back to case 21l-cv-885-TC in which case it will retain the title of the case as

currently referred to as Callaway v Shelton et aI as a supplementamendment

Page 47 of491 I i


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bull 190) This complaintsupplement is respectfully

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Monte Callaway

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Page 48 of49



3) Plaintiff seeks injunctive relief of freedom from the cruel and unusual punishment as

described herein and future retaliation from these named or anyone associated these named

4) The District of Oregon is an appropriate venue under 28 USC section 1391 (b) (2) because it

is where the events giving rise to this claim occurred

5) The Plaintiff has brought an action in the United States District Court for the District if

Oregon while a prisoner Civil case no 2 II-cv-885-TC

II

Plaintiff Monte Callaway is and was at all times mentioned herein a prisoner of the State of

Oregon in the custody of the Coos County Sheriff Dept (CCSD) He is currently confined in

Mill Creek Correctional Facility (MCCF) of the Oregon Department of Corrections (ODOC) in

Salem Oregon

6) Plaintiff notified his court appointed council public defender (PD) Ron K Cox concerning

the facts related to this complaint and was not informed or otherwise made aware of any other

means of grievance process available at the Coos County Jail (CCJ) other than his instructing the

Plaintiff to hire an attorney to address the circumstances knowing by his appointment that the

plaintiff was indigent Coos County Risk Management was notified of a tort claim in November

of 20 I 0 prior to the conclusion of ODOC administrative remedies

III

7) Depriving Plaintiffs right to liberty without due process and conviction of a crime

proscribed and guaranteed by the First and Fourteenth Amendment by restricting him for a

nonjudicial nonprosecutorial purpose

8) Depriving Plaintiff of his right to be free from cruel and unusual punishment proscribed and

protected by the Eighth Amendment by deprival of medical care interfering with his medical

care and failing to provide adequate medical personnel and facility while incarcerated

failing to provide eating and speech therapy and failing to provide qualified personnel to

monitordiagnose his mental disorder

9) Depriving Plaintiff of equal protection according to Federal Law as guaranteed by the

Fourteenth Amendment placement in house arrest confinement without a conviction parole

or post prison conditions being on probation for a conviction and not in the least onerous

setting as required by State Law

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Case 612-cv-01279-TC Document 2 Filed 071612 of 49 Page ID 57

-c..media.oregonlive.com/olive_top_stories/other...22) Defendant Lincoln County Sheriff Dept. (LCSD)...

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Transcript of -c..media.oregonlive.com/olive_top_stories/other...22) Defendant Lincoln County Sheriff Dept. (LCSD)...