Page 1 – NOTICE OF REMOVAL OF ACTION UNDER 28 USC § 1441(a) PORTLAND CITY ATTORNEY’S OFFICE 1221 SW 4TH AVENUE, RM 430 PORTLAND, OREGON 97204 (503) 823-4047 WILLIAM W. MANLOVE, Oregon State Bar ID Number 891607 Senior Deputy City Attorney Email: [email protected]DANIEL SIMON, Oregon State Bar ID Number 124544 Assistant Deputy City Attorney Email: [email protected]Office of City Attorney 1221 SW 4th Avenue, Suite 430 Portland, OR 97204 Telephone: (503) 823-4047 Facsimile: (503) 823-3089 Of Attorneys for Defendant City of Portland UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION ROBERT SEEGER, PLAINTIFF, v. CITY OF PORTLAND AND OFFICER CHARLES DUANE, DEFENDANTS. NOTICE OF REMOVAL OF ACTION UNDER 28 USC § 1441(a) TO: THE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON: Removing party, defendant City of Portland, by its undersigned attorney, respectfully shows this Court: 1. The removing party, City of Portland, is the defendant in the above-entitled action. 2. On October 8, 2014, the above-entitled action was commenced against the City of Portland in the Circuit Court of the State of Oregon for the County of Multnomah and is now pending in such court, with the court number 14cv14814. A state circuit court judge signed an order regarding deferral or waiver of fees for this action on the same date. ///// Case 3:14-cv-01769-PK Document 1 Filed 11/06/14 Page 1 of 3
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Page 1 – NOTICE OF REMOVAL OF ACTION UNDER 28 USC § 1441(a)
PORTLAND CITY ATTORNEY’S OFFICE 1221 SW 4TH AVENUE, RM 430
PORTLAND, OREGON 97204 (503) 823-4047
WILLIAM W. MANLOVE, Oregon State Bar ID Number 891607 Senior Deputy City Attorney Email: [email protected] DANIEL SIMON, Oregon State Bar ID Number 124544 Assistant Deputy City Attorney Email: [email protected] Office of City Attorney 1221 SW 4th Avenue, Suite 430 Portland, OR 97204 Telephone: (503) 823-4047 Facsimile: (503) 823-3089 Of Attorneys for Defendant City of Portland
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
ROBERT SEEGER, PLAINTIFF, v. CITY OF PORTLAND AND OFFICER CHARLES DUANE, DEFENDANTS.
NOTICE OF REMOVAL OF ACTION UNDER 28 USC § 1441(a)
TO: THE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT
OF OREGON:
Removing party, defendant City of Portland, by its undersigned attorney, respectfully
shows this Court:
1. The removing party, City of Portland, is the defendant in the above-entitled
action.
2. On October 8, 2014, the above-entitled action was commenced against the City of
Portland in the Circuit Court of the State of Oregon for the County of Multnomah and is now
pending in such court, with the court number 14cv14814. A state circuit court judge signed an
order regarding deferral or waiver of fees for this action on the same date.
/////
Case 3:14-cv-01769-PK Document 1 Filed 11/06/14 Page 1 of 3
Page 2 – NOTICE OF REMOVAL OF ACTION UNDER 28 USC § 1441(a)
PORTLAND CITY ATTORNEY’S OFFICE 1221 SW 4TH AVENUE, RM 430
PORTLAND, OREGON 97204 (503) 823-4047
3. On October 8, 2014, a copy of the Summons and Complaint in the above-entitled
state action was served upon the City of Portland at the Office of the City Attorney in Portland,
Oregon located at 1221 SW 4th Avenue, Room 430, Portland, OR 97204.
4. Officer Charles Duane has not been served.
5. On October 8, 2014, plaintiff served on defendant City of Portland Plaintiff’s First
Request for Production and Plaintiff’s First Request for Admissions.
6. On October 21, 2014, plaintiff served a subpoena duces tecum to Providence
Records Custodian, with a service copy of the subpoena to the City of Portland.
7. No further proceedings have been had in this action in state court.
8. This notice of removal is filed within 30 days after service of process.
9. This Court has original jurisdiction of the above-entitled action pursuant to
28 USC §§ 1331 and 1343(a)(3) because it is a suit for damages on account of an alleged
violation of plaintiff's rights, privileges and immunities secured by the Constitution and laws of
the United States. This Court has supplemental jurisdiction over plaintiff’s state law battery
claim under 28 USC § 1367(a). This action is removable under 28 USC § 1441(a).
10. Copies of the Complaint and Summons, Proof of Service, Request for
Admissions, Request for Production and subpoena served on defendant City of Portland is
attached to this Notice.
11. On the date set forth below, a copy of this notice was served on plaintiff’s
attorney. On the same date, a copy of this notice was filed with the clerk of the Multnomah
County Circuit Court in which the action was commenced.
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Case 3:14-cv-01769-PK Document 1 Filed 11/06/14 Page 2 of 3
Page 3 – NOTICE OF REMOVAL OF ACTION UNDER 28 USC § 1441(a)
PORTLAND CITY ATTORNEY’S OFFICE 1221 SW 4TH AVENUE, RM 430
PORTLAND, OREGON 97204 (503) 823-4047
WHEREFORE, defendant City of Portland requests that the above-entitled action be
removed from the Circuit Court of the State of Oregon for the County of Multnomah to the
United States District Court for the District of Oregon.
Dated: November 6, 2014 /s/ William W. Manlove William W. Manlove, OSB #891607 Senior Deputy City Attorney Telephone: (503) 823-4047 Of Attorneys for Defendant City of Portland
Case 3:14-cv-01769-PK Document 1 Filed 11/06/14 Page 3 of 3
JS 44 (Rev. 09/11) CIVIL COVER SHEET The 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 as provided 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 the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS Robert Seeger
(b) County of Residence of First Listed Plaintiff Multnomah
(EXCEPT IN U.S. PLAINTIFF CASES) (c) Attorney’s (Firm Name, Address, and Telephone Number)
Benjamin Haile Portland Law Collective 1130 SW Morrison St., Ste. 407 Portland, OR 97205 (503) 228-1889
DEFENDANTSCity of Portland and Charles Duane
County of Residence of First Listed Defendant Multnomah
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE LAND INVOLVED.
Attorneys (If Known) William W. Manlove City Attorney's Office 1221 SW 4th Avenue, Suite 430 Portland, OR 97204 (503) 823-4047
II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
1 U.S. Government 3 Federal Question Plaintiff (U.S. Government Not a Party)
2 U.S. Government 4 Diversity
Defendant (Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
Citizen of Another State 2 2 Incorporated and Principal Place 5 5 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)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment
& Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted
Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee –
Conditions of Confinement
870 Taxes (U.S. Plaintiff or Defendant)
871 IRS—Third Party 26 USC 7609
IMMIGRATION
462 Naturalization Application 463 Habeas Corpus -
Alien Detainee (Prisoner Petition)
465 Other Immigration Actions
V. ORIGIN (Place an “X” in One Box Only) Appeal to
1 Original Proceeding
2 Removed from State Court
3 Remanded from Appellate Court
4 Reinstated or Reopened
5 Transferred from another district (specify)
6 Multidistrict Litigation
7 District Judge from Magistrate Judgment
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 42 USC § 1983, 42 USC § 12132Brief description of cause: Seizure with Excessive Force, ADA Failure to Accommodate and Battery
VII. REQUESTED IN COMPLAINT:
CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23
DEMAND $ 110,881.20
CHECK YES only if demanded in complaint: JURY DEMAND: Yes No
VIII. RELATED CASE(S) IF ANY
(See instructions) JUDGE ______________________________________________ DOCKET NUMBER ______________________________
DATE 11/6/2014
SIGNATURE OF ATTORNEY OF RECORD William W. Manlove, OSB#891607 /s/ William W. Manlove
Case 3:14-cv-01769-PK Document 1-1 Filed 11/06/14 Page 1 of 2
JS 44 Reverse (Rev. 09/11)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided 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 the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.
(a) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)
(b) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States
defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.
V. Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury
Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 3:14-cv-01769-PK Document 1-1 Filed 11/06/14 Page 2 of 2
~ ̀f '.
^~ iY r ~~~
# 1 0 ~ O
1, 2 'c~~~ ~GG
3 IN THE CIItCUIT COURT OF THE STATE OF OREGON ~ f
4 FOR THE COUNTY OF MUI.TNOMAH
5 ROBERT SEEGER,
6 Plaintiff,
'7 vs.
g CITY OF PORTLAND, OFFICERCHARLES DUANE,
9Defendants.
10
11
12
13
14CVi4814Case No:
COMPLAINT _ _(Seizure by Excessive Force in Violationof the Fourth Amendment to the U.S.Constitution, Violation of the Americanswith Disabilities Act, and Battery)
CLAIM NOT SUBJECT TOMANDATORY ARBITRATION
JURY TRIAL DEMANDED
14 COMPLAINT
15 INTRODUCTION
16 1.
17 On January 2, 2013, Mr. Robert Seeger suffered a mental health crisis and visited
1 g the Providence Mental Health Outpatient Clinic on Northeast Hoyt and 52nd Street in
19 Portland, Oregon. The director of the clinic eventually called the Portland Police
20 Department to escort Mr. Seeger to the nearby Emergency Room of Providence Hospital
21 due to the severity of Mr. Seeger's crisis. Officer Charles Duane was the first law
22 enforcement agent to make contact with Mr. Seeger in the clinic. Officer Duane rapidly
❑The noted fees are deferred until the court receives notice that Applicant i~.'x~pre~entby a lawyer or until a hearing or trial. Fees are due in full upon occurrence of~~er~eunless Applicant files a new Application and Declaration for Deferral or Wa~~ of ~eesand the court grants that application. If neither event occurs, the fees are due ~speCifie~na future judgment in this case. ? cv
or .~Payment must be made
❑ According to the terms of the attached payment plan (or) $month until paid in full❑ As ordered by a judgment in this case (or)❑ Other:
If fees are not paid as ordered judgment will be entered against you without furtherno 'ce.
2. Waiver: The court WAIVES the following fees (no payment):Fi ing Fees Sheriff s Service FeeMotion FeeArbitration FeeTrial FeeOther (describe)
per
~. Denial: The court DENIES the applicant's request for deferral or waiver of fees because:
Applicant is financially able to pay the fees (see part of the Declaration);
Application contains insufficient information (see part of the Declaration);
❑Other findings ~ ~,~, ~~
~~~Date G~rcuit LSe ge or designee, signature
~/" ~Name, printed
~3-34C (3/i3) Fee Deferral or Waiver Order Original-File Copy-ApplicantPage 1 of 1 Case No:
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 19 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 19 of 36
10/9/2014 921:56 AM14CV14814
IN THE CIRCUIT COURT OF THE STATE OF OREGONFOR THE COUNTY OF MULTNOMAH
ROBERT SEEGER, Case No. 14CV14814
Plaintiff,v. SUMMONS
CITY OF PORTLAND, and OFFICER CHARLES DUANE
Defendants.
TO: City of PortlandCity Attorney's Office1221 SW 4 h̀ Avenue, Ste 430Portland, OR 97204
You are required to appear and defend the complaint filed against you in this matter within thirty (30) days fromhe date of service of this summons upon you. If you fail to do so, plaintiffs) will apply to the court for the relief demandedin the complaint.
NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLYYou must "appear" in this case or the other side will win automatically. To "appear" you must file with the court a
legal paper called a "motion" or "answer." The "motion" or "answer" must be given to the court clerk or administratoithin 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff's
attorney or, if the plaintiff does not have an attorney, proof of service upon the plaintiff.If you have any questions, you should see an attorney immediately. If you need help in finding an attorney, you
may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or oll-free in Ore on a ) 452-7636.
c ~
BENJ IN HAILEOregon State Bar # 04066Of Attorneys for Plaintiffs)
STATE OF OREGON, County of Multnomah) ss.I, the undersigned attorney of record for the plaintiff, certify that the foregoing is an exact and complete copy of the original
summons and complaint in the above-entitled action. I hereby declare that the above is true to the best of my knowledge and belief.understand that this document is made for use as evidence in court and is subject top Ity of perjury.
l ' ~ mil
~~x. ~~a~
Attorney r Plaintiff
TO THE OFFICER OR OTHER PERSON SERVING THIS SUMMONS:You are directed to serve a true copy of this summons, together with a true copy of the complaint, upon the individuals) or
other legal entity(ies) to whom or which this summons is directed. You are further directed to make your proof of service on the reverseside of this summons or upon a separate similar document which you shall attach to this summons.
Benjamin HailePortland Law Collective LLP1130 SW Morrison St., Suite 407Portland, OR 97205Tel: 503-228-1889Fax: 503-223-4518
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 20 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 20 of 36
10/9!2014 921:56 AM14CV14814
PROOF OF SERVlC~'ATE OF OREGON }
ss.unty of MULTNOMAH )
certify that I made service of this summons upon the individuals and other legal etttities fo be served by delivering or leaving Vue copies of
summons and the complaint as follows:
ividual(sl —Personal Service
Upon
Upon
by delivering a true copy to him/her, personally, at
on , 200_, at o'clock _ m.
by delivering a true copy to him/her, personally, at
on 200_, aY o'clock _.m.
ns~ — ~uosai~u[eu ~ervrce
Upon , by delivering a true copy at his/her dwelling house or usual- place of abode located at
Upon
Upon
who is a person over the age of 14 years and a member of the household of the person served., on
200_, at o'clock _m.
by delivering a true copy at his/her dwelling house or usuaF place of abode located at
m
who is a person over the.age of 14 years and a member of the household of the person served, on
200_, at o'clock _m.
200_, at
at the business or office which she/he maintains located at
by leaving a true copy with
the person who is apparently in charge, on
o'clock ~ m., which is during normal working hours.
Upon ~ t.,.~ "r ~ ̀pr"{-~ art t+„(fVame corporation, limited partnership, etc.
delivering a true copy, personally, to who is a /the
(Specify registered agent, officer by tide, general or managing agent, etc.)
leaving a true copy with ~` (~ ~G ,who is
apparently in charge of the office of L. i ~'y o~"*2 VS ~~t~ ,who is a /the
~C C.C..P~'~ an.'J~ ~~(Specif~7registered agent, officer by title, general or managing agent, etc.)
by
mailing a true copy of the summons and complaint by first class mail and by certified mail, addressed to the office of the registered agent;
further certify that I am a competent person 18 years of age or older and a resident of the state of service or the State of Oregon, and that f
not a party to nor an officer, director or employee of, corporation or otherwise; That fhe person, firm or corporation served by me is the identical
son, firm or corporation named in the action..
DATED this 8th day of October, 2014. 1
Signature
r~ s ~~w~"~~2/~Type or Print Name
Q,t~-~~,~~ oil °17~d~Address -~
Telephone: s( O 3 ) .fit ~. ~ ~ 1 ~g~{ 2~,
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 21 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 21 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 24 of 36
BENJAMIN HA~I.E, OSB #04066
ben@portlandlawcollective. com
Portland Law Collective LLP
1130 SW Morrison St., Suite 407
Portland, OR 97205Tel: 503-228-1889Fax:503-223-4518
Attorney for the Plaintiff
RECE~v~~
OCT 4 $ 2014
C~ Attorney's Office~~ ~•o Z
IN THE CIItCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MULTNOMAH
ROBERT SEEGER,
Plaintiff,vs.
CITY OF PORTLAND, and OFFICER
CHARLES DUANE,
Defendants.
Case No. ~~-Lv ~ IyS~I~
PLAINTIFF' S FIRST REQUESTS FOR
PRODUCTION
PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION
TO: All defendants by and through their attorney:
Office of the City Attorney
1221 SW Fourth Avenue, Room 430
Portland, OR 97204
The Plaintiff, Robert Donnie Seeger, by and through counsel, Benjamin Haile of
the Portland Law Collective, requests that the defendants produce the following
documents and things for inspection and photocopying at the offices of the Portland Law
1 - PLAIl~TTIFF' S FIRST REQUEST FOR PRODUCTION
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 25 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 25 of 36
Collective within 45 days after service hereof to the following request for production
pursuant to ORCP 43.
DEFINITIONS AND PROCEDURES
As used in these requests, the following words and terms shall mean and include
the following:
1. The words "record" and "document" mean all informarion preserved in any
format, including but not limited to written docwnents, audio recordings, video
recordings, photographs, diagrams, sketches, drawings, paintings, stencils, and
metadata. Records may be preserved in any format including but not limited to paper,
photographic negative, microfiche, magnetic tape, digital backup device, compact
disk, DVD, hard drive, flash drive, internal memory chip (as in a cellular telephone or
trier), or online storage archive. Please be advised that record includes less formal
documents such as journal entries, personal letters, email messages, and text
messages.
2. Documents stored by the defendants as electronically stored information should
be produced in electronic form. Documents stored in other formats may be produced
in electronic form if doing so does not reduce the quality of the produced record.
Records may be produced in electronic form by providing them to the plaintiff's
attorney on a CD, DVD, or as an email attachment.
3. These requests are not limited to documents in defendant's or defendant's
counsel's possession but require that a diligent search and effort be made to assemble
all documents that exist at any location. If you are unable to produce any document
requested, state the locarion of the document, the name of the person in possession of
the document, and why you cannot produce it.
4. Category headings in the following requests are provided as a general aid to
organization only and should not be construed to limit the scope of requests the fall
under the category heading.
5. If you withhold any document under claim of privilege, you must expressly make
the claim and you must also describe the nature of the documents, communications,
or tangible things not produced or disclosed and do so in a manner that, without
revealing information itself privileged or protected, will enable other parties to assess
the claim.
6. This request is a continuing request. Pursuant to ORCP 43(B)(4), you are under a
continuing duty during the pendency of this action to produce promptly any item that
is responsive to these requests and not objected to which comes into your possession,
custody, or control.
2 -PLAINTIFF'S FIRST REQUEST FOR PRODUCTION
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 26 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 26 of 36
7. The documents provided with your response must be segregated by document
request number.
8. In these requests, the term "the incident" refers to all conduct of members of the
Portland Police Bureau, the Plaintiff, and other members of the public in and around
the Providence Mental Health Outpatient Clinic on 5228 NE Hoyt St., in Portland,
Oregon on January 2, 2013, and the subsequent transport of the Plaintiff to the
Providence Hospital.
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Category I: Records of the Incident
REQUEST No. 1. Please provide any and all reports or other writings or recordings
about the incident completed, filed, or given by or to any of the defendants or other
members of the Portland Police Bureau or employees of the City of Portland, including
incident reports, custody reports, and officer field notes.
REQUEST No. 2. Please provide all recordings of oral communications by persons
present at the incident including but not limited to records made by the Bureau of
Emergency Communications.
REQUEST No. 3. Please provide all video recordings of the incident; including but
not limited to the entire recordings made by police officers and any other video
recordings obtained by the City of Portland.
REQiJEST No. 4. Please provide any and all records or notes of any statements,
complaints, or reports by witnesses to the incident including police officers and members
of the public.
3 -PLAINTIFF'S FIRST REQUEST FOR PRODUCTION
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 27 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 27 of 36
REQUEST No. 5. Please provide any and all records, reports, memoranda, or
findings of any internal investigation into the conduct of Officer Duane or any other
police officers in regards to the Incident, including invesrigations by the Independent
Police Review -and the Portland Police Bureau Internal Affairs Division.
REQUEST No. 6. Please provide any journal, log, diary, letter or similar written
record made by Officer Duane containing any mention of the incident or his or her
conduct during the incident.
REQUEST No. 7. Please provide all records containing information gathered or
received by the City of Portland including the Portland Police Bureau and individual
officers about the Incident.
Category II: Information about Mr. Seeger
REQUEST No. 8. Please provide all records of statements about the incident by the
plaintiff.
REQUEST No. 9. Please provide all. records. of contact between members of the
Portland Police Bureau and the plaintiff at any time.
Category III: Information about the Defendants
4 - PLAINTIFF' S FIRST REQUEST FOR PRODUCTION
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 28 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 28 of 36
REQUEST No. 10. Please provide any and all materials relating to the employment of
Officer Duane including but not limited to the following:
a. Applications for employment, resumes and records of previous
employment;
b. Background checks, references from previous employers and
recommendations;
c. Educational records;
d. Criminal history checks;
e. Driving record checks;
£ Juvenile record checks;
g. Records of all training courses, classes attended and grades received;
h. Records of issuance of all training manuals, policies and procedures, and
other instructional or related documentation;
i. Records of the use of force hearings or panels, disciplinary proceedings,
investigations, complaints and all incident reports and other records or
documents of every kind pertaining to Officer Duane's actual or alleged
conduct since he became a member of the Portland Police Bureau;
j. Records of all reprimands, penalties, punishments and sanctions;
k. Records of all performance reviews, salary reviews, progress reviews and
all other evaluations;
1. Records of all physical, psychological, mental or other examinations or
evaluations;
m. Records of all psychological treatment, medication and diagnosis;
5 - PLAINTIFF'S FIIZST REQUEST FOR PRODUCTION
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 29 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 29 of 36
Records of any military service or history.
REQUEST No. 11. Please provide any and all records, reports, notes, or memoranda,
or investigative materials concerning any administrative, civil or criminal investigarion of
Officer Duane by any agency.
REQUEST No. 12. Please provide any and all training materials issued, relied upon, or
adopted by the Portland Police Bureau regarding how to respond to individuals
experiencing mental health crisis, including, but not limited to PPB's Crisis Intervention
Training (CIT).
REQUEST No. 13. Please provide copies of the Portland Assessment Resource
Center's (PARC) initial report, with corresponding recommendations, from August 2003.
REQUEST No. 14. Please provide copies of PARC's follow up reports, including
reports in December 2006 and February 2009.
REQUEST No. 15. Please provide copies of the findings of the Use of Force Task
Force's analysis of statistics and trends in the use of force by PPB. This task force is
referenced on page 6 of the Department of Justice's Letter of Findings that was issued. in
September 2012.
REQUEST No. 16. U.S. Attorney Amanda Marshall and Assistant Attorney General
Thomas Perez sent a letter to Mayor Sam Adams dated September 12, 2012 stating
6 - PLAIN'T'IFF' S FIRST REQUEST FOR PRODUCTION
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 30 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 30 of 36
findings regarding the use of force against people with mental illness or in a mental
health crisis. Please provide all records of communications about the content of this
letter between representatives of the Portland Police Bureau, representatives of the City
of Portland, or the mayor or his representatives, and members of the United States
Department of Justice Civil Rights Division or the United States Attorney's Office that
occurred (a) before September 12, 2012; and (b) from September 12 to December 17,
2012.
REQUEST No. 17. Please provide one or more documents containing the names,
addresses, and telephone numbers of each individual likely to have discoverable
information that the defendants may use to support claims or defenses, and identify the
subject matter of the information each individual may provide.
REQUEST No. 18. Please provide all documents, data compilations, and tangible
things that are in the possession, custody, or control of the defendants and that the
defendants may use to support their claims or defenses.
DATED, this 8th day of October, 2014.
/s/ Benjamin HailePORTLAND LAW COLLECTNE LLPBenjamin Haile, OSB #04066Attorney for Robert Seeger
7 - PLAIlVTIFF'S FIRST REQUEST FOR PRODUCTION
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 31 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 31 of 36
CERTIFICATE OF SERVICE
I hereby certify that on October 8, 2014 I served the foregoing FIRSTREQUESTS FOR PRODUCTION in Case No. ly -c~-I~(8~on the City ofPortland by an through their attorneys by hand delivery to:
Office of the City Attorney1221 SW Fourth Avenue, Room 430Portland, OR 97204
DATED, this 8th day of October, 2014.
Chris KnudtsenLegal WorkerPortland Law CollectivePortland, OR 97205
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 32 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 32 of 36
10!9(2014 10:37:52 AM14CV14814
PROOF OF SERVICEATE.OF OREGON }
ss.unty of MULTNOMAH )
cerEify that I made service of this Request for Admissions upon the individuals and ofher legal entities to be served by delivering or leaving
copies of the Request for Admissions as follows:
~i Ar~allel—Pnrannnf Snrviro
Upon,
Upon.
f(s1 —
Upon
Upon
Imo- Q
Upon
by delivering a true copy to himlher, personally, at
on , 200,, at o'clock _.m.
by delivering a true copy to himlher, personally, at
on , 200_, at o'clock _.m,
by delivering a true copy at hislher dwelling house or usual place of abode located at
to
who is a person over the age of 14 years and a member of the household of the person served, on
200_, at o'clock ~m.
by delivering a true copy at his/her dwelling house or usual place of abode located at
m
who is a person over the age of 14 years and a member of the household of the person served, on
200_, at o'clock _m.
ak the business or office which shelhe maintains located at
by leaving a true copy w(th
the person who is apparenGy in charge, on
200_, at o'clock _.m., which is during normal working hours.
Upon ̀ ~i ► \[ D'~ ~ or ~' ~ gh(Name of rporation, limited partnership, etc.
a) delivering a Prue copy, personally, to who is a /the
by
(Specify registered agent, officer by title, general or managing agent, etc.)
leaving a true copy with 4 r I~ E~ ,who isap arentfy in charge o~ the offce of ~.ti'~ r ~ , ,who is a !the+.~".y ̀~
(Specify r gistered agent, officer by Title, general or managing agent, etc.)
mailing a true copy of the summons and complaint by First class mail and by certified mail, addressed to the office of the registered agent;
1 further certify that f am a competent person 18 years of age or older and a resident of the state of service or the State of Oregon, and that l
not a party to nor an officer, director or employee of, corporation or otherwise; that the person, firm or corporetion served by me is the identical
firm or corporation named in the action.
DATED this 8th day of October, 2014.
Type or Print Name
~o~-~.~.~ ~a ~ a 7?,.03Address C~
Telephone: (.'jD~S ) `~,~~ '" ~~ ̀ ~2`{-.
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 33 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 33 of 36
10/22/2014 12:53:53 PM14CV14814
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IN THE CIRCUIT COURT OF THE STATE OF OREGONIN THE COUNTY OF MULTNOMAH
~ Multnomah County Circuit Court Case No.ROBERT SEEGER, ~~ ~ 14CV14814')
Plaintiff, ~
~~i)v. i' ~
CITY OF PORTLAND, and OFFICER ~CHARLES DUANE ' ~ , Civil Subpoena Duces Tecum
'~
DEfendants. ' ~'~
To: Providence Records Custodian; c/o David Ryan; Williams Kastner, 888 SW St" Ave. #600,Portland, OR 97204; sent via email to [email protected]
IN THE NAME OF THE STATE OF OREGON AND BY ORDER OF THE COURT:
You are hereby commanded to permit inspection and copying of the following
documents or objects at the date and time specified below at the offices of the Portland Law
Collective, 1130 SW Morrison St., Suite 407, Portland, OR 97205, on November 24, 2014 at 1:30
PM to give evidence in the above-entitled matter on behalf of the Plaintiff.
Clinical file for Robert Seeger from all mental health programs, including but not
limited to the outpatient program located on Northeast Hoyt and 52nd'
• Outpatient mental health records for Robert Seeger,
• Reports from security guards employed by Providence at both the above mentioned
mental health outpatient grogram and at the Providence Medical Center hospital
located at 4805 NE Glisan St.,
• Video from the Emergency Room of Providence Portland Medical Center from
January 2, 201.3 from the hours of 1:00 pm to 5:00 pm,
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 34 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 34 of 36
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Subpoena Issued by: Attorney for PlaintiffBenjamin HaileOSB #04066Portland Law Collective, LLP.11.30 SW Morrison, Ste 407Portland, OR 97205T:503-228-1889Fax:503-223-4518
Subscribed and Witnessed this 21st day ofOctober, 4.
DATED: October 22, 2014 By /s/Chris Knudtsen ,Chris KnudtsenLegal WorkerPortland Law Collective1 l30 SW Morrison St., Suite 407Portland, OR 97205
I hereby certify that on October 22, 201.4 I served the foregoing Subpoena Duces Tecum in CaseNo. 14CV 14814 on the City of Portland by and through its attorneys by first class U.S. Mailaddressed as follows:
Bill ManloveCity Attorney's Office1221 SW 4t" Avenue, Ste 430Portland, OR 97204
DATED: October 22, 2014 By /s/Chris Knudtsen ,Chris KnudtsenLegal WorkerPortland Law Collective1130 SW Morrison St., Suite 407Portland, OR 97205
3 - Portland Law CollectiveSubpoena 1130 SW Morrison, Ste 407
Portland, OR 97205503-228-1889
Exhibit 1 Notice of Removal
Seeger v. City of Portland Page 36 of 36
Case 3:14-cv-01769-PK Document 1-2 Filed 11/06/14 Page 36 of 36