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MICHAEL E. ROSE, OSB #753221mrose@civilrightspdx.comBETH CREIGHTON OSB #972440 beth@civilrightspdx.comCREIGHTON & ROSE, PC500 Yamhill Plaza Building815 S.W. Second AvenuePortland, Oregon 97204Phone: (503) 221-1792Fax: (503) 223-1516Of Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF OREGONPORTLAND DIVISION
ALLYSON DROZD
,Plaintiff,vs.
JOHN DOES 1-6, as individuals, and CITYOF PORTLAND,
Defendants. Civil No.
COMPLAINT
(Civil Rights / State Law / Damages)DEMAND FOR A JURY TRIAL
I. INTRODUCTION
1. The City of Portland has a collective bargaining agreement (“CBA”) with the Portland Police Association (“PPA”) for provision of police services. The terms of the new contractnegotiated before the end of Mayor Charlie Hales’ term of office, when released to the public,were controversial, drawing strenuous community objections, and sparked public opposition at a
 65 SW Yamhill St #300 Portland, OR 97204 T. (503) 221-1792 F. (503) 223-1516 mrose@civilrightspdx.com
 ATTORNEYS
 
 AT LA
 
C
REIGHTON 
&
OSE
,
 PC
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level rarely seen at City Hall: rallies, demonstrations, a camp-out and even two lockouts fromCity Council proceedings. On or about October 12, 2016, the Portland City Council met toconsider and approve the CBA. The morning of the Council hearing to vote on the CBA,objectors filled the Council chambers. Mayor Hales recessed the Council meeting and reconvened the meeting that afternoon in a smaller conference room on the floor above at CityHall, where the Council met behind closed doors to approve the CBA. Police officers blocked members of the public from access to the reconvened Council meeting. About an hour after thevote, the mayor ordered police officers to remove the public from City Hall. Members of the public, including activists and journalists, were warned that anyone who remained would bearrested, and were then forcibly pushed to the exit doors by a line of police officers. Plaintiff Allyson Drozd (“Drozd”) had been inside City Hall, but left the building when instructed to doso. While standing outside of City Hall, observing and filming the goings-on inside through awindow, and safely out of the flow of foot traffic, Drozd was sprayed in the face with pepper spray by a Portland Police Officer. While attempting to leave the scene, Drozd was sprayed again from behind with a blast of pepper spray by a Portland Police Officer. Plaintiff brings this action for damages against the individual officers and the City oPortland under state and federal law.
II. JURISDICTION & VENUE
2. This court has jurisdiction over plaintiff’s federal claims by virtue of 28 USC §§1331 and 1343, and over plaintiff’s state law claims by virtue of 28 USC § 1367.3.Venue is in the District of Oregon pursuant to 28 USC §1391(b) because theclaims arose in this judicial district.
 65 SW Yamhill St #300 Portland, OR 97204 T. (503) 221-1792 F. (503) 223-1516 mrose@civilrightspdx.com
 ATTORNEYS
 
 AT LA
 
C
REIGHTON 
&
OSE
,
 PC
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4.Plaintiff has filed this action within 180 days of the incident, and has therebysatisfied the requirements of the Oregon Tort Claims Act, as specified in ORS 30.275(3)(c).
III. PARTIES
5.Plaintiff ALLYSON DROZD is a resident of Portland, Oregon.6.At all material times herein, defendants JOHN DOE 1-6 were City of Portland Police Officers acting within the course and scope of their employment. Each JOHN DOEdefendant is sued in his individual capacity only. a. JOHN DOES 3 and 4 were the Incident Commander (IC) and supervisor,who were responsible to ensure that all orders given to the crowd were consistent, lawful, and appropriate for the circumstances and to make the final decision as to what control actions weretaken to address the crowd event, and were thus responsible for the conduct of JOHN DOES 1and 2.  b.JOHN DOES 5 and 6 were the Crowd Control Incident Commanders(CCICs), who had the authorization and responsibility for all police actions at the crowd eventdescribed herein, and were responsible for the conduct of JOHN DOES 1-4. 7.At all material times herein, defendant CITY OF PORTLAND (“Portland”) wasand is a public body in the State of Oregon responsible under state law for the acts and omissionsof its law enforcement officers, agents, and other employees, including those whose conduct is atissue herein.
IV. FACTS
8.At all times material herein, defendants acted under color of law.9.On or about October 12, 2016, the Portland City Council met to consider and 
 65 SW Yamhill St #300 Portland, OR 97204 T. (503) 221-1792 F. (503) 223-1516 mrose@civilrightspdx.com
 ATTORNEYS
 
 AT LA
 
C
REIGHTON 
&
OSE
,
 PC
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