PAGE 1 – COMPLAINT AND DEMAND FOR JURY TRIAL LAW OFFICES OF DANIEL SNYDER Attorneys At Law 1000 S.W. Broadway, Suite 2400 Portland, Oregon 97205 (503) 241-3617 | Fax (503) 241-2249 Daniel Snyder, OSB No. 78385 [email protected]Carl Post, OSB No. 061058 [email protected]John Burgess, OSB No. 106498 [email protected]LAW OFFICES OF DANIEL SNYDER 1000 S.W. Broadway, Suite 2400 Portland, Oregon 97205 Telephone: (503) 241-3617 Facsimile: (503) 241-2249 Of Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION RANDI JONES, as guardian ad litem for BRANDY TUCHSCHERER, Plaintiff, v. CITY OF PORTLAND, Defendant. Case No. 3:18-cv-01485 COMPLAINT AND DEMAND FOR JURY TRIAL (Title II of ADA; Section 504 of Rehabilitation Act of 1973; pendent state laws) JURY TRIAL REQUESTED Plaintiff Randi Jones, mother and guardian ad litem for Plaintiff Brandy Tuchscherer, brings this cause of action against Defendant City of Portland, and alleges as follows: I. NATURE OF THE ACTION 1. This is an action for damages, including compensatory damages, equitable relief, including injunctive and declaratory relief, and attorneys’ fees and costs, to redress violations of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.; violations of Case 3:18-cv-01485-SB Document 1 Filed 08/10/18 Page 1 of 19
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PAGE 1 – COMPLAINT AND DEMAND FOR JURY TRIAL LAW OFFICES OF DANIEL SNYDER
Daniel Snyder, OSB No. 78385 [email protected] Carl Post, OSB No. 061058 [email protected] John Burgess, OSB No. 106498 [email protected] LAW OFFICES OF DANIEL SNYDER 1000 S.W. Broadway, Suite 2400 Portland, Oregon 97205 Telephone: (503) 241-3617 Facsimile: (503) 241-2249
Of Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
RANDI JONES, as guardian ad litem for BRANDY TUCHSCHERER, Plaintiff, v. CITY OF PORTLAND, Defendant.
Case No. 3:18-cv-01485 COMPLAINT AND DEMAND FOR JURY TRIAL (Title II of ADA; Section 504 of Rehabilitation Act of 1973; pendent state laws) JURY TRIAL REQUESTED
Plaintiff Randi Jones, mother and guardian ad litem for Plaintiff Brandy Tuchscherer,
brings this cause of action against Defendant City of Portland, and alleges as follows:
I. NATURE OF THE ACTION
1. This is an action for damages, including compensatory damages, equitable relief,
including injunctive and declaratory relief, and attorneys’ fees and costs, to redress violations of
Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.; violations of
Case 3:18-cv-01485-SB Document 1 Filed 08/10/18 Page 1 of 19
Beaverton, Washington County. Fire Lieutenant Andersen directed Brandy Tuchscherer to come
home to meet him. Because her mother, Randi Jones, was at work, when Brandy Tuchscherer
reached her home she was alone with Fire Lieutenant Andersen. On that day, Fire Lieutenant
Andersen made several false accusations about Brandy Tuchscherer. Fire Lieutenant Andersen
claimed that on June 17, 2017, she was knocking “20, 30, or 40 times at all the doors of all of fire
stations,” which Brandy Tuchscherer denied. During that meeting Brandy Tuchscherer asked Fire
Lieutenant Andersen for the following accommodations: she asked Lieutenant Andersen to talk to
her mother; and she asked Fire Lieutenant Andersen to have Firefighter C.M. contact her to
explain what was happening. Fire Lieutenant Andersen said “no” to both of her requests.
29. On September 29, 2017, after finally leaving her home, Fire Lieutenant Andersen
sent the first of several poorly written text messages to Brandy Tuchscherer. In the first text he
wrote: Brandy. Once again. (sic)This has. (sic) Itching (sic) to do with intent or anyone being in trouble. This is about establishing boundaries at the workplace. (C.M.) does not think ill of you. It (sic) he does have a job to do at work. We are establishing those boundaries in a clear and understandable way. When I asked (C.M.) to speak with you he had no reservations and wanted to clarify what he should have (sic) prior to my involvement. But like I said. (sic) Some people are nice to the point of it being a fault sometimes. You seem like a nice person who doesn’t mean any ill will. Stay positive and take care.
30. On the evening of October 3, 2017, Brandy Tuchscherer was sitting on the public
bench when Station 21 got a call and Firefighter C.M. appeared with his crew heading down to the
fireboats. When the crew returned Firefighter C.M. quickly called out to her “How are you doing
Brandy?” Brandy Tuchscherer did not respond because of her September 29, 2017, encounter with
Fire Lieutenant Andersen.
31. On October 11, 2017, Fire Lieutenant Andersen sent a second text to Brandy
Tuchscherer. Anderson wrote that he had spoken with Firefighter C.M. at Station 6, and that
Firefighter C.M. would be reaching out to Brandy Tuchscherer.
Case 3:18-cv-01485-SB Document 1 Filed 08/10/18 Page 8 of 19
PAGE 9 – COMPLAINT AND DEMAND FOR JURY TRIAL LAW OFFICES OF DANIEL SNYDER
77. On February 21, 2018, as alleged herein, Defendant arrested Plaintiff by having its
police officers detain her and refuse to allow her to leave. .
VII. PRAYER FOR RELIEF
Plaintiff seeks judgment against Defendant, and requests that this Court enter an Order as
follows:
A. Accepting jurisdiction of this case and declaring that Defendant violated Title II of
the ADA;
B. Accepting jurisdiction of this case and declaring that Defendant violated Section
504 of the Rehabilitation Act of 1973;
C. A sum which will fully compensate Plaintiff for her non-economic damages in a
sum that is just as determined by a jury;
D. A sum which will fully compensate Plaintiff for her economic damages in a sum
that is just as determined by a jury;
E. Plaintiff’s costs and disbursements incurred herein;
F. Plaintiff’s attorneys’ fees; and
G. For such other and further relief as the Court may deem just and equitable.
Plaintiff demands a trial by Jury. DATED: August 10, 2018.
LAW OFFICES OF DANIEL SNYDER /s/ Daniel Snyder Daniel Snyder, OSB No. 783856 [email protected] Carl Post, OSB No. 061058 [email protected] John Burgess, OSB No. 106498 [email protected] Tel: (503) 241-3617 / Fax: (503) 241-2249 Of Attorneys for Plaintiff
Case 3:18-cv-01485-SB Document 1 Filed 08/10/18 Page 19 of 19
JS 44 (Rev. 06/17) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for thepurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts
362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters Medical Malpractice Leave Act 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party Act/Review or Appeal of240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision245 Tort Product Liability Accommodations 530 General 950 Constitutionality of290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions448 Education 555 Prison Condition
560 Civil Detainee - Conditions of Confinement
V. ORIGIN (Place an “X” in One Box Only)1 Original
Proceeding2 Removed from
State Court 3 Remanded from
Appellate Court4 Reinstated or
Reopened 5 Transferred from
Another District(specify)
6 MultidistrictLitigation -Transfer
8 Multidistrict Litigation - Direct File
VI. CAUSE OF ACTIONCite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Brief description of cause:
VII. REQUESTED IN COMPLAINT:
CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: Yes No
VIII. RELATED CASE(S) IF ANY (See instructions):
JUDGE DOCKET NUMBERDATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
RANDI JONES, as guardian as litem for BRANDY TUCHSCHERER
Washington
See attached.
CITY OF PORTLAND
42 U.S.C. § 12101 et seq.; 29 U.S.C. § 701 et seq.
Violations of Title II of the ADA, Section 504 of the Rehab. Act of 1973, and pendent state laws
08/10/2018 /s/ Daniel Snyder
Case 3:18-cv-01485-SB Document 1-1 Filed 08/10/18 Page 1 of 2
Daniel Snyder, OSB No. 783856
Carl Post, OSB No. 061058
John David Burgess, OSB No. 106498
Law Offices of Daniel Snyder
1000 SW Broadway, Suite 2400
Portland, Oregon 97205
503.241.3617
Case 3:18-cv-01485-SB Document 1-1 Filed 08/10/18 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
))))))))))))
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
District of Oregon
RANDI JONES, as guardian ad litemfor BRANDY TUCHSCHERER
CITY OF PORTLAND
CITY OF PORTLANDc/o Tracy Reeve, City Attorney1221 SW Fourth Avenue, Room 430Portland, Oregon 97204
Daniel Snyder, OSB #783856Carl Post, OSB #061058John David Burgess, OSB #106498Law Offices of Daniel Snyder1000 SW Broadway, Suite 2400Portland, Oregon 97205
Case 3:18-cv-01485-SB Document 1-2 Filed 08/10/18 Page 1 of 1