2/18/2015 6:25:14 PM

15CV03527

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

KERVENCIA LIMAGE,
Plaintiff,

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v.
BEST BUY STORES, LIMITED
PARTNERSHIP, a Virginia limited
partnership, DAVID ENGLISH, an
individual, and JANE DOE, an
individual,
Defendants.

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Case No.: 15CV03527

AMENDED COMPLAINT FOR FALSE
ARREST AND DISCRIMINATION
NOT SUBJECT TO MANDATORY
ARBITRATION
PRAYER: $200,000
ORS 21.160(1)(c)
JURY TRIAL DEMANDED

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Plaintiff demands a jury trial and alleges:

1.

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Defendant Best Buy Stores, Limited Partnership (hereinafter, Best Buy)

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is and at all times mentioned herein has been a Virginia limited partnership

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engaged in the retail sale of electronics, including stores located in Multnomah

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County, Oregon and a store located at 7041 Southwest Nyberg Street, Tualatin,

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Oregon. Best Buy conducts regular, sustained business activity in Multnomah

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County.

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2.
On or about November 28, 2014, plaintiff was a customer at the above-

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referenced store in Tualatin, Oregon when store employees, David English, a

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resident of Oregon, and manager JANE DOE, who were then and there acting

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within the scope of their employment, instigated the detention of plaintiff by

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PAGE 1 AMENDED COMPLAINT FOR FALSE ARREST

AND DISCRIMINATION

KAFOURY & McDOUGAL

411 SW 2nd Ave., Suite 200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

falsely reporting to the Tualatin police that plaintiff was part of a ring of

thieves, there was a theft in progress, and plaintiff was an accessory to theft of

store property by another member of the theft ring who was reported to have

already stolen six Jawbone mobile phone accessories.

3.

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As plaintiff was leaving the store, she was detained by two Tualatin police

officers. The police told plaintiff the store employees stated she was stealing,

that a lot was going on in Beaverton, and that she fit the profile.

FOR A FIRST CLAIM FOR RELIEF FOR FALSE ARREST, plaintiff alleges:
4.

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Plaintiff realleges and incorporates by reference paragraphs 1-3, above.

5.

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The above-described stop and detention was intentional, plaintiff was

aware of her detention, and the detention was unlawful.
6.

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As a result of the above-described detention plaintiff suffered, continues

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to suffer, and will in the future suffer from embarrassment, frustration, anger,

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humiliation and a sense of increased vulnerability, all to her noneconomic

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damages in the amount of $150,000.

7.

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FOR A SECOND CLAIM FOR RELIEF FOR DISCRIMINATION, plaintiff

alleges:
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Plaintiff realleges and incorporates by reference paragraphs 1-3, above.

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PAGE 2 AMENDED COMPLAINT FOR FALSE ARREST

AND DISCRIMINATION

KAFOURY & McDOUGAL

411 SW 2nd Ave., Suite 200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

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Plaintiff is African American, and at the above time and place, she was

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appropriately dressed.

10.

The above-described Best Buy store is and at all times mentioned herein

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has been a place of public accommodation within the meaning of ORS

659A.400. At least part of the motivation for the above-described conduct on
the part of defendants employees and agents was the plaintiffs race.

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11.

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The above-described conduct violates ORS 659A.403, which prohibits

discrimination in places of public accommodation on account of race.

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12.

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As a result of the above-described discrimination, plaintiff suffered,

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continues to suffer, and will in the future suffer from feelings of racial
stigmatization, all to her noneconomic damages in the amount of $50,000.

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13.
Plaintiff is entitled to reasonable attorney fees pursuant to ORS

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659A.885.
//

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PAGE 3 AMENDED COMPLAINT FOR FALSE ARREST

AND DISCRIMINATION

KAFOURY & McDOUGAL

411 SW 2nd Ave., Suite 200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

WHEREFORE, plaintiff prays for judgment against defendants in the

amount of $200,000 in noneconomic damages, reasonable attorney fees

pursuant to ORS 659A.885, and for costs and disbursements necessarily

incurred herein.

Dated: February 18, 2015.

/s/ Gregory Kafoury

Gregory Kafoury, OSB #741663
kafoury@kafourymcdougal.com
Mark McDougal, OSB # 890869
mcdougal@kafourymcdougal.com
Jason Kafoury, OSB #091200
jkafoury@kafourymcdougal.com
Attorneys for Plaintiff

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Plaintiff hereby provides notice of her intent to amend to include a claim

for punitive damages.

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PAGE 4 AMENDED COMPLAINT FOR FALSE ARREST

AND DISCRIMINATION

KAFOURY & McDOUGAL

411 SW 2nd Ave., Suite 200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647