- Violations of 42 U.S.C. $ Supplemental State Claims

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1 Judy Danelle Snyder, OSB # judy@idsnvder.com Katelyn S. Oldham, OSB # ~maily katelyn@idsnvder.com 1000 S.W. Broadway, Suite 2400 Portland, OR Telephone: Facsimile: (503) Of Attorneys for Plaintiff SHERRIE CARLSON SANDAU, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON Plaintiff, JOHN A. WOOD and CHRISTOPHER CASS, in their individual capacities as police officers for the Portland Police Bureau, COMPLAINT - Violations of 42 U.S.C. $ Supplemental State Claims DEMAND FOR JURY TRIAL Defendants. PRELIMINARY STATEMENT 1. This is an action for declaratory, injunctive, and monetary relief, including punitive damages and attorneys' fees and costs, to redress defendants' violations of plaintiff's federally protected rights and state common law claims. JURISDICTION 2. The court has jurisdiction of the action under 28 U.S.C. I 331, federal question jurisdiction, and 28 U.S.C. $1343, civil rights jurisdiction. This court has supplemental jurisdiction of plaintiff's state common law claims under 28 U.S.C. j PAGE 1 - COMPLAINT PORTLAND. OREGON 97205

2 PARTIES 3. Plaintiff Sherrie Carlson Sandau ("plaintiff') is a female resident of the state of Oregon. At ail material times herein, plaintiff was 47 years old. 4 Defendant John A. Wood ("Wood") is an individual resident of the state of Oregon. At all mater~al times, Wood was a patrol officer with the Portland Police Bureau and was acting under color of law. 5. Defendant Christopher Cass ("Cass") is an individual resident of the state of Oregon. At all material times, Cass was a patrol officer with the Portland Police Bureau and was acting under color sf law. GENERAL ALLEGATIONS 6. On or about July 7, 2005, plaintiff's next door neighbor called and awoke plaintiff at approximately 1 :00 a.m. to complain about plaintiff's dog barking. Plaintiff had difficulty sleeping after this disturbance. 7. Later on July 7,2005, plaintiff was painting her porch, when she fell off a ladder, which then struck her head. Plaintiff was disoriented and experienced a severe headache. Plaintiff spent much of the rest of the day sleeping. 8. On July 8, 2005, plaintiff awoke at approximately 530 a.m. with pain and a severe headache. Plaintiff was disoriented and frustrated and banged her hand on her mini-blinds approximately eight (8) times. When plaintiff realized the motion made her pain worse, she returned to bed. 9. On July 8,2005 at approximately 6:OO a.m., plaintiff was awakened by loud knocking on her front door. Plaintiff groggily opened the door to police officers, defendants Wood and Cass, who told her not to bang on her window. Defendants Wood and Cass were apparently responding to a call from plaintiff's neighbor that plaintiff was engaging in harassing and disorderly conduct. Plaintiff returned to her room where she discovered the blinds in disarray; she tried to straighten them, but was having trouble wlth her motor skills. Plaintiff went back to sleep. lli PAGE 2 - COMPLAINT LAW OPPICES OF JUDY SNYDER

3 10. A short while later, plaintiff was again awakened by a loud banging on her front door. Plaintiff went to the front door to unlock and answer it, when the door was shoved open by defendant Wood. Wood and Cass did not knock and announce their presence. Wood and defendant Cass entered plaintiff's residence without permission and without a warrant. Two female employees, who plaintiff later learned were from Cascadia Behavioral Healthcare's Project Respond program, also entered plaintiff's res~dence and looked around. At the time, plaintiff was wearing only a tank top which she had worn to bed, and was not wearing any clothing on the bottom half of her body. Defendant Wood roughly grabbed plaintiff's arm, causing significant bruising then handcuffed plaintiff. Defendant Wood and Defendant Cass ignored plaintiff's pleas to put some clothes on and took her outside to the patrol car. Plaintiff's entire pubic area and lower half was exposed and because she was handcuffed, plaintiff was unable to cover herself with her hands. 11. Plaintiff was then placed in the patrol car and driven to downtown Portland and taken to the Justice Center. During this time, plaintiff was paraded in front of her neighbors and other civilians and police officers with no clothing other than her tank top. At the Justice Center, plaintiff was fingerprinted, had her mug shot taken, then someone lifted up her shirt, further exposing her nudity and commenting, "oh, no pants." Plaintiff was then finally given a pair of pants to wear. 12. Plaintiff was held for eight to nine hours in a cell with no running water or working toilet. Plaintiff was then released with a citation for harassment and disorderly conduct. 13. Afew hours after plaintiff was released, in response to another call from plaintiff's neighbor, a police officer again came to plaintiff's house and directed her to stay in her house. 14. After she was released, plaintiff was taken to the hospital for treatment for chest pains she began experiencing while in custody. Plaintiff's blood pressure was dangerously high. A few days later, after follow-up medical treatment plaintiff learned that she had suffered a concussion from her fall off the ladder. 15. On December 22, 2005, a tort claims notice was issued to Mayor Tom Potter and City Attorney Linda Meng of the City of Portland on plaintiff's behalf. PAGE 3 - COMPLAINT

4 FIRST CLAIM FOR RELIEF 42 U.S.C Fourth Amendment - Unreasonable Seizure 16. Plaintiff realleges and incorporates paragraphs I through 15 above. 17. Defendants violated plaintiff's right to be free from unreasonable seizure under the Fourth Amendment, by entering her home without a warrant or probable cause, by grabbing plaintiff hard enough to leave bruises, and by handcuffing plaintiff and removing her from her home and transporting her to the Justice Center in downtown Portland with no clothing or undergarments on the lower half of her body, exposing plaintiff's naked body and genitalia to view, despite plaintiff's pleas to be allowed to put some clothes on. 18. As a result of the conduct of defendants as previously described, plaintiff has suffered from Post Traumatic Stress Disorder, humiliation, anxiety, depression, pain, and severe emotional distress and is entitled to an award of $300,000 in compensatory damages The conduct of defendants Wood and Cass was reckless or showed a callus indifference to praintiff's constitutional rights. Plaintiff is entitled to an award of punitive damages, to be determmed at trial. against these defendants. 20. Pursuant to 42 U.S.C. 1988, plaintiff is entitled to reasonable attorney's fees and costs, mcluding expert witness fees. SECOND CLAIM FOR RELIEF 42 U.S.C Fourth Amendment - Intrusion Upon Bodily Integrity 21. Plaintiff realleges and incorporates paragraphs I through 15 above. 22. Defendants violated plaintiff's right to be free from an unreasonable intrusion upon her bodily mtegrity under the Fourth Amendment, by entering her home without a warrant or probable cause, handcuffing and removing her from her home and transporting her to the Justice Center in downtown Portland with no clothing or undergarments on the lower half of her body, exposing plaintiff's naked body PAGE: 4 - COMPLAINT h W OFFICES OF JUDY SNYDER 1000 S.W. BROADWAY. SUITE 2400 Fax (503)

5 and genitalia to view, despite plaintiff's pleas to be allowed to put some clothes on. 23. The conduct of defendants Wood and Cass was intentional, reckless or showed a callus indifference to plaintiff's constitutional rights. 24. As a direct and proximate result of that conduct, plaintiff has been damaged as alleged in paragraphs 18 through 20. THIRD CLAIM FOR RELIEF 42 U.S.C Violation of Substantive Due Process - Bodily Integrity 25. Plaintiff realleges and incorporates paragraphs 1 through 15 above. 26. The action taken by defendants in handcuffing plaintiff and transporting her to the Justice Center without any clothing or undergarments on the lower half of her body, and denying plaintiff the opportunity to put clothes on prior to being transported, exposing her naked body, including genitalia, violated plaintiff's fundamental right to bodily integrity under the Fourteenth Amendment's Substantive Due Process Clause. 27. The conduct of defendants Wood and Cass was intentional, reckless or showed a callus indifference to plaintiff's constitutional rights. 28. As a direct and proximate result of that conduct, plaintiff has been damaged as alleged in paragraphs I8 through 20. FOURTH CLAIM FOR RELIEF 42 U.S.C Violation of Substantive Due Process - Right to Privacy 29. Plaintiff realleges and incorporates paragraphs 1 through 15 above. 30. The action taken by defendants in handcuffing plaintiff and transporting her to the Justice Center without any clothing or undergarments on the lower half of her body, and denying plaintiff the opportunity to put clothes on prior to being transported, exposing her naked body, including genitalia, violated plaintiff's fundamental right toprivacy under the Fourteenth Amendment's Substantive Due Process PAGE 5 - COMPLAINT bw OFFICES OF JUDY SNYDER FAX (503)

6 Clause. 31. The conduct of defendants Wood and Cass was intentional, reckless or showed a callus mdifference to plaintiff's constitutional rights. 32. As a direct and proximate result of that conduct, plaintiff has been damaged as alleged in paragraphs 18 through 20. FIFTH CLAIM FOR RELIEF Battery at Common Law (Against Defendant Wood) 33. Plaintiff realleges and incorporates paragraphs 1 through 15 above. 34. Defendant Wood intentionally subjected plaintiff to offensive, harmful and unwanted touching. 35. As a proximate result of defendant Wood's conduct, plaintiff has suffered from bruising, soreness, pain, anxiety, and emotional distress, resulting in non-economic damages in the amount of $75,000. DEMAND FOR A JURY TRIAL 36. Plaintiff demands a jury trial. PRAYER Plaintiff prays for judgment against all defendants as follows: 1. A declaration that defendants violated plaintiff's state and federal rights; 2. Injunctive relief as the court sees fit in order to remedy defendants' past unlawful conduct and to prevent future unlawful conduct by defendants; 3. Economic damages in an amount to be determined at trial for plaintiff's medical expenses incurred as a result of this matter; 4. Compensatory damages in the amount of $300,000 for plaintiff's severe emotional distress due to the unlawful conduct of defendants; 5. Punitive damages in an amount to be determined at trial; and PAGE 6 - COMPLAINT LAW ORPICES OF JUDY SNYDER PORTLAND. OREGON 97205

7 6. Plaintiff's attorney's fees and costs, including expert witness fees, and disbursements incurred herein. DATED this 27th day of April 2007 THE L~W,~FFICES,~~-~~DY SNYDER PAGE 7 - COMPLAINT Fax (503)