Case 6:15-cv JO Document 1 Filed 05/26/15 Page 1 of 22

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COMPLAINT – Page 1

Jennifer L. Coughlin Brothers Hawn & Coughlin, LLP 974 NW Riverside Blvd, Bend, OR 97701 Telephone: 541-385-5885 Fax: 541-382-3328

Email: [email protected]

JENNIFER L. COUGHLIN OSB 065781 Brothers Hawn & Coughlin, LLP

974 NW Riverside Blvd. Bend, OR 97701

Telephone: 541-382-5885 Facsimile: 541-382-3328

[email protected]

MICHELLE R. BURROWS OSB 896160 420 SW Washington Ste. 300

Portland, OR 97204 Telephone: 503-241-1955

[email protected]

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

EUGENE DIVISION

EDWIN BURL MAYS, JR. as Personal Representative of THE ESTATE OF

EDWIN BURL MAYS III; EDWIN BURL MAYS, JR.

PLAINTIFFS

vs.

DESCHUTES COUNTY, by and through the

Deschutes County Sheriff’s Office, a Political Subdivision of the State of Oregon; Deschutes County Sheriff LARRY BLANTON;

Sergeant BRIAN BISHOP; Sergeant TEDD

MORRIS; Deputy JESSE HURLEY; Deputy AMANDA PARKS; Deputy DAVID

CHAMBERS; Deputy RICK BENITEZ;

Deputy RANDY THOMPSON; Deputy

JOSEPH TOMAN; and Deputy MARSHALL LOONEY,

DEFENDANTS

Case No. ________________

COMPLAINT

Civil Rights Violations, 8th/14th Amendment Delay and Denial of Essential Medical Care to Detainee; Failure to Supervise; Negligence; Wrongful Death; Monell Violations

42 U.S.C § 1983

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Plaintiffs, by and through their attorneys, allege:

JURISDICTION

1.

The claims asserted herein arise under 42 U.S.C. § 1983, the Eighth and Fourteenth Amendments to the United States Constitution and Oregon common law. Jurisdiction over Plaintiffs’ federal claims is conferred by 28 U.S.C. 1331. Supplemental jurisdiction over Plaintiffs’ state law claims is conferred by 28 U.S.C. 1367.

2.

Venue is proper under 42 U.S.C. § 1391(b), in that one or more of the Defendants reside in the District of Oregon and Plaintiffs’ claims for relief arose in this district.

PARTIES AND PROCEDURE

3.

Plaintiff EDWIN BURL MAYS JR. was the father of Decedent EDWIN BURL MAYS III (“Eddie Mays”). Plaintiff EDWIN BURL MAYS JR. brings these claims individually and as Personal Representative of the Estate of EDWIN BURL MAYS III.

4.

Plaintiffs bring the supplemental claims pursuant to Oregon Revised Statutes § 30.020 et seq., which provide for survival and wrongful death actions. Plaintiff EDWIN BURL MAYS JR. also brings these claims individually and on behalf of Eddie Mays on the basis of 42 U.S.C. §§ 1983 and 1988, the Eighth and Fourteenth Amendments to the United States Constitution, and federal and state civil rights law.

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5.

Defendant Deschutes County is a county government organized under the laws of the State of Oregon and is a person for purposes of 42 U.S.C. § 1983. Under its authority, Deschutes County operates the Deschutes County Sheriff’s Office. The Sheriff’s Office operates the

Deschutes County Adult Jail (“DCAJ”).

6.

At all times material to this Complaint, Eddie Mays was a detainee at the DCAJ. 7.

At all times material to this Complaint Defendant Deschutes County Sheriff Larry Blanton (“Blanton”) was a Department Head as defined in OAR 259-008-0005(10), employed by

Defendant Deschutes County as Sheriff for Deschutes County, and was directly responsible for the administration of the Sheriff’s Office and DCAJ. At all times material to this Complaint, Blanton was acting under the color of law and was a policy maker.

8.

At all times material Defendants Deputies Hurley, Parks, Chambers, Benitez, Thompson and Looney as well as Defendants Sergeants Bishop and Morris were each corrections officers as defined in OAR 259-008-0005(8), and were employed by Defendant Deschutes County and each was acting within the course and scope of that employment under color of law. Defendants Bishop and Morris were at all material times supervisors at DCAJ.

9.

At all material times, all Defendants acted under color of the laws, statutes, ordinances, and regulations of the State of Oregon.

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10.

Plaintiffs have timely and properly filed tort claims and this action is timely filed within all applicable statutes of limitation.

GENERAL ALLEGATIONS

11.

On or about December 14, 2014, at approximately 4:30 PM, Eddie Mays, age 31, was arrested by Officer Whitney Wiles in Deschutes County on a heroin possession charge. At the time of the arrest Officer Wiles noted the following behavior of Eddie Mays:

a. agitation; b. rigid body;

c. could not stand still; d. unable to lay still;

e. moving head from side to side; f. wiggling feet and body; and g. twitching fingers.

12.

The only injury noted by arresting Officer Wiles was a small amount of blood near his right wrist, “possibly from a scratch on his wrist or arm.” At the time of arrest there were no other abrasions, contusions and or lacerations.

13.

Officer Wiles, trained in drug recognition, assessed Eddie Mays as being under the influence of a “CNS stimulant” at the time of the arrest. Central nervous system, or CNS, stimulants are medicines which speed up the physical and mental processes, and include Ritalin,

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Ativan, Adderall and Dexedrine. The signs and symptoms of CNS stimulants usage include: anxiety, nervousness, paranoia, mood swings, restlessness, shaking and trembling.

14.

Eddie Mays was transported to the DCAJ by Officer Wiles and arrived at approximately 5:03 PM. During transport, Officer Wiles noted that Eddie Mays was unable to sit still and was moving constantly, although he was polite in conversation with her. Officer Wiles also noted that along the way to the DCAJ Eddie Mays was wiggling his body all over, his pupils were dilated, and his speech was rapid. Officer Wiles again noted that she believed Eddie Mays was under the influence of a controlled substance, specifically a CNS stimulant.

15.

At 5:06 PM Eddie Mays was unloaded from the police car by Officer Wiles, with no attorney present, and when he did not respond to Deputy Parks questioning, he was threatened with a “long, painful wait.”

16.

Based upon her training and experience in drug recognition, Officer Wiles wanted to take Eddie Mays’ pulse because she was curious “for training purposes” as to what his pulse rate was based upon her belief that he was under the influence of a CNS stimulant. However, she could not do so because he was in handcuffs and DCAJ policy requires that detainees remain in handcuffs at the pre-booking counter. Eddie Mays was “unable to stand still long enough” for her to take his pulse.

17.

The booking process of Eddie Mays began but was never completed due to his erratic behavior. A photo was not taken, but he was listed as being a detainee in the DCAJ. It is

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unknown if an intake screening was begun or completed pursuant to DCAJ policy. It is DCAJ policy to have a facility nurse make arrangements for outside medical services and treatment when needed for inmates being booked.

18.

In the pre-booking area Defendant Toman asked Eddie Mays if he was “seeing things,” or “hallucinating” as he was trying to book him in but he could not sit still or answer questions. It is unknown whether a medical screening was completed pursuant to DCAJ policy.

19.

At 5:37 PM Eddie Mays was taken out of the booking area and into holding cell number three, shown below with a yellow arrow. This cell already contained two other inmates: Nathan Detroit and Andrew Johnson.

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20.

At 5:37 PM Defendant Toman stated, “Look at Mays. He cannot sit still. I wonder if I should put him somewhere else.” Eddie Mays exhibited signs of medical distress according to Defendant Hurley, who described Eddie Mays as “tweaking” and said Eddie Mays was moving, pacing around and tossing his arms.

21.

At 5:48 PM Adam Davenport, Eddie Mays’ brother, was placed in the same holding cell as Eddie Mays, Andrew Johnson and Nathan Detroit.

22.

At 6:11 PM Defendant Hurley stated, “I’m gonna wait for him to fucking chill out” and did not complete the booking process because Eddie Mays was under the influence of

“something.” Eddie Mays was erratically and quickly moving around his cell, waving his arms. 23.

At 6:15 PM Defendant Chambers questioned Eddie Mays, “You all right, Mays?” when he opened the cell door to remove Andrew Johnson and apparently saw Eddie Mays behavior in the back of the cell.

24.

At 6:23 PM Defendant Hurley stated, “That guy is jacked up,” in response to Eddie Mays jumping all over and thrashing around his cell. Defendant Hurley continued, “he is doing the zombie” while making hand, arm and head motions mocking Eddie Mays’ erratic behavior, to which Defendant Parks laughed in response. Defendant Hurley’s “zombie” imitation can be seen in the above photograph. At the same time inmate Johnson was getting booked in and stated to the Deputies, “He [Eddie Mays] doesn’t even know why he’s here.”

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25.

At 6:26 PM Defendant Hurley informed Defendant Chambers that Eddie Mays needed Narcan, which is a medication administered to drug overdose patients to save their lives. Eddie Mays continued to jump and thrash around the holding cell, slamming against the window of the cell door with his whole body.

26.

At 6:49 PM an unidentified Deputy stated to another Deputy: “He’s [Eddie Mays is] wound up tighter than a $6 watch.”

27.

At 6:53 PM Bend Fire and Rescue medics arrived to evaluate a female inmate who was having respiratory trouble in the holding cell next to Eddie Mays. The Defendants present did not inform the medics of the actions that Eddie Mays was exhibiting nor ask how to treat Eddie Mays or have them administer Narcan. No Defendants requested that the medics examine or treat Eddie Mays. The medics left DCAJ at 7:01 PM.

28.

At 7:08 PM a Deputy stated, “Jesus. That guy in there is [indecipherable]” when he looked into the cell, although Eddie Mays is not visible from the booking area camera at that time.

29.

At 7:12 PM Defendants Hurley and Chambers whistled and yelled at Mr. Mays to “chill out,” when Eddie Mays was banging on the window and pushing his whole body against the window with his arms over his head.

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30.

At 7:13 PM Defendant Chambers stated to Defendant Hurley, “He says he needs to go to the hospital,” to which Defendant Hurley responded, “He probably does.” No action is taken nor medics called in response to Eddie Mays’ request.

31.

At the same time Andrew Johnson, sitting at the booking counter, stated to the Defendants present that Eddie Mays’ behavior “scared me.” And that he had “never seen

anything like that in my life.” Defendant Parks responded to Mr. Johnson while laughing: “he’s just going through withdrawals.” As another Deputy stated, “He’s losing it in there,” although Eddie Mays cannot be seen on camera because he is in the back portion of the cell.

32.

At 7:21 Defendant Hurley called another Deputy over to the window of the holding cell and stated, “You gotta come over here and watch,” while laughing at Eddie Mays. Defendant Hurley continued, “Pull up a seat, bro.” Eddie Mays is in the back portion of the cell and is not visible on camera at this time. Defendant Morris and/or Bishop is present and hears Defendant Hurley make these statements.

33.

At 7:22 PM Defendant Hurley brought inmate Adam Davenport out of the cell and questioned him, “so that I can figure out why he’s acting like this.” Mr. Davenport told Defendant Hurley that he believed Eddie Mays should go to the hospital. Defendant Hurley passed this information along to Defendant Bishop.

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34.

At 7:37 PM Defendant Hurley, watching Eddie Mays stated, “When I came on at 6:00 he wasn’t this bad.” Eddie Mays over the course of this timespan was sitting, standing, waving his arms, hanging off the bars, jumping, and slamming his body against walls and the window. No Defendants took any action.

35.

At 7:38 PM Defendant Hurley stated, “Davenport says he’s really concerned about him. He doesn’t know if he swallowed something.” Other Deputies opine that Eddie Mays would hit his head the way he was moving around so erratically and stated, “Maybe he got some bad shit.” Someone mentioned that they should put a “hockey helmet” on him. At this time Eddie Mays was alternately writhing on the ground or jumping around the cell, bouncing off its walls.

36.

At 8:00 PM a Deputy stated, “There really is no nurse tonight?” to which another Deputy responded, “No.”

37.

At 8:07 two Deputies were joking about Eddie Mays “doing karate,” and, “having a fun time, eh?” and laughing in response to Eddie Mays yelling. Eddie Mays was in a fetal position rocking back and forth on the floor of his cell.

38.

At 8:20 PM two Deputies discussed, “Hell we could have a competition who’s fucking dumber, him or Mays.” And “I’m going Mays right now.” Mays is not seen on camera.

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39.

At 8:22 PM Defendant Hurley saw Eddie Mays as he was taking another inmate to the adjacent cell. Defendant Hurley stated, “Hey did you see what he did to his head? It’s split wide open.” DCAJ policies mandate calling medical staff in emergency situations such as “injuries.”

40.

At 8:23 PM Defendant Morris and Defendant Hurley opened the door to Eddie Mays’ cell and noticed his breathing had slowed. They yelled, “Mays.” At 8:25 PM Defendant Morris and Defendant Hurley drug a mattress in to the cell and Defendant Hurley yelled, “What did you use today? Let me know what you used.” Eddie Mays can be seen lying face up on the floor with his arms out, convulsing but unresponsive. Defendant Morris and Defendant Hurley then left the cell.

41.

At 8:27 PM Deputy Hurley yelled, “Can you hear me” “Look at me” “Mays…” “You can do it. Look at me.” “Can you hear me?” while standing above Eddie Mays in his cell. Eddie Mays was unresponsive to these questions. Defendant Morris and Defendant Hurley then left the cell, despite the unresponsiveness, convulsions and bleeding head injury. Various Deputies continued to walk by the cell periodically but took no action to assist Eddie Mays.

42.

At 8:55 PM Defendants Morris and Chamber open the door and discover that Eddie Mays is not breathing. They then determine the need for medical emergency assistance. Deputy Hurley called Control and Deputy Parks called Bend Fire and Rescue.

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43.

At 8:57 multiple Defendants searched the booking area for smelling salts and a defibrillator.

44. At 8:58 chest compressions began.

45.

At 9:02 medics arrived and asked, “How long as he been out?” to which a response is not audible. Deputy Chad Parks informed medics that “he [Eddie Mays] came in on heroin.” Eddie Mays was “found dead at 2101.” His actual time of death is unknown.

46.

At this time on this date the Seattle Seahawks were playing the Dallas Cowboys, and one, two, three, four or five Deputies were watching said football game in the booking area at most material times mentioned in this Complaint. The television is never turned off in the booking area. The DCAJ policy states that employees “shall not watch television” while on duty.

47.

Eddie Mays was held in the booking area of the jail from 5:37 pm to 9:01 pm, during which time his medical distress became more pronounced and severe.

48.

Eddie Mays requested medical care, as did other inmates in the booking area on his behalf, including his own brother Adam Davenport who knew him well.

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49.

Defendants Hurley, Parks, Chambers, Benitez, Toman and Looney, as well as

Defendants Morris and Bishop observed or were informed of, and acknowledged, Eddie Mays’ increasingly distressed state and his repeated requests for medical care, as well as the requests from other inmates. These officers of the law nonetheless denied Eddie Mays reasonable and necessary medical care for his serious medical needs.

50.

Eddie Mays’ serious medical need was evident and of such a degree that his injuries and death was reasonably foreseeable.

51.

The cause of Eddie Mays’ death, as determined subsequent to an autopsy by the Office of the State Medical Examiner, was listed on his Certificate of Death as “Methamphetamine

Toxicity.” with Anatomic Diagnosis as follows: A. Blood methamphetamine > 5.0 mg/mL

B. Miscellaneous abrasions, contusions and minor lacerations involving scalp, face, trunk and all four extremities.

C. Pulmonary congestion and edema (1490 grams) with: a. Agonal aspiration of gastric contents.

52.

“Aspiration of gastric contents” is the inhalation of stomach contents into the lower airways, generally associated with vomiting when one is on their back. Yet Defendant Hurley reported to the investigator that Eddie Mays was on his stomach when the found vomit near Eddie Mays.

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53.

Defendant Parks informed Deputy DeMars, who investigated this inmate death, that she was in the booking area around 6:20 PM but then “later” left the booking area to help with floor checks and that when she came back into the booking area corrections staff were tending to Eddie Mays and she called dispatch to have the EMTs respond at 8:55 PM. In fact, Defendant Parks is seen present in the booking area, witnessing Eddie Mays’ conduct, for all but 49 minutes of the entire 204 minutes he was there. Additionally, she had been present in the booking area since 8:34 PM, approximately 20 minutes prior to when corrections staff began tending to the medical distress of Eddie Mays.

FIRST CLAIM FOR RELIEF: Failure to Provide Adequate Medical Care (42 U.S.C. 1983 Violation of the 8th and 14th Amendments Against All Defendants)

54.

Plaintiffs reallege all paragraphs 1-53 as if fully set forth. 55.

Eddie Mays was entitled to be free from cruel and unusual punishment pursuant to the 8th and 14th Amendments of the United States Constitution. This protection includes a right to adequate medical care. Failure to provide adequate medical care amounts to deliberate

indifference to a detainee’s wellbeing and constitutes cruel and unusual punishment in violation of the 8th Amendment. Recklessness with respect to the required standard of care can constitute “deliberate indifference” to a detainee’s medical needs under the 8th

Amendment. In this case Defendants acted with deliberate indifference in failing to respond to Eddie Mays’ serious medical needs.

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56.

While acting under color of the laws, statutes, ordinances, and regulations of the State of Oregon, Defendants, individually and collectively:

a) Were aware that Decedent faced a serious medical need and a substantial risk of harm, including drug overdose or withdrawal from drugs as time evolved and Eddie Mays engaged in conduct which caused additional injuries and eventually began to vomit and become unconscious;

b) Acknowledged Eddie Mays’ request for medical treatment; c) Acknowledged Eddie Mays’ need for medical treatment; d) Did not provide any medical evaluation of Eddie Mays; e) Did not intervene to stop his injurious behavior;

f) Did not promulgate adequate policies and procedures surrounding medical care of inmates;

g) Failed to follow their own guidelines while continuing to watch football instead of monitoring Eddie Mays;

h) Denied Eddie Mays the opportunity to be taken to a hospital, evaluated and treated by medically trained professionals;

i) Failed to respond to Eddie Mays’ head injury;

j) Failed to respond to Eddie Mays’ unconscious state in an appropriate and timely manner; and

k) Were deliberately indifferent to Eddie Mays’ medical need and risk of harm.

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57.

All Defendants’ conduct was well defined by law and each Defendant knew or

reasonably should have known that their conduct would fall well below the standard prescribed by law.

58.

Defendants’ action and/or inaction caused harm to Eddie Mays, including his death. 59.

As a result of the actions and inactions of Defendants, Eddie Mays suffered a long death knowing that none of the officers would help him. Because of the conduct of Defendants, Eddie Mays was forced to endure the defects of toxic drug poisoning, including hallucinations,

uncontrolled self-injurious behavior, pain, distress, fear, humiliation from the deputies, and ultimately drowning in his own vomit, all to his damage in the amount of $250,000 against each individual Defendant for a total of $2,500,000.

60.

Plaintiffs are entitled to a reasonable attorney fee under 42 U.S.C. §1988.

SECOND CLAIM FOR RELIEF: Failure to Supervise (42 U.S.C. 1983 Violation of the 8th and 14th Amendments

Against Defendants Bishop and Morris)

61.

Plaintiffs hereby reallege paragraphs 1-60 as if fully set forth. 62.

Defendants Morris and Bishop were supervisors throughout the incident alleged herein and had their own duty to properly supervise and manage the other officers, particularly in determining when medical attention was needed, ordering medics to the scene, stopping the

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mocking and joking of Eddie Mays, ordering that the television be turned off, not engaging in discussions about the football game on television while Eddie Mays was dying, and/or ordering that Eddie Mays be transferred to a hospital for evaluation and treatment.

63.

Defendants Morris and Bishop failed to properly supervise their subordinates resulting in the abuse, neglect and damages alleged herein, including but not limited to the death of Eddie Mays.

64.

Defendants Morris and Bishop, in failing to supervise and discipline the individual deputies, permitted a culture of unconstitutional treatment of detainees, particularly of Eddie Mays. The individual deputies were allowed to neglect, mistreat, criticize, mock, and cause harm to Eddie Mays without repercussions. This failure to supervise was a moving cause of the unconstitutional treatment and abuse of Eddie Mays.

65.

As a result of the actions or inactions of Defendants Morris and Bishop, Edwin Burl Mays III died.

THIRD CLAIM FOR RELIEF: Failure to Train (42 U.S.C. 1983 Violation of the 8th and 14th Amendments

Against Defendant Deschutes County)

66.

Plaintiffs hereby reallege paragraphs 1-65 as if fully set forth. 67.

As a result of the unofficial policy, custom or practice of Defendant Deschutes County, the Sheriff’s Office, led at all material times by Defendant Blanton, failed to adequately train

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deputies and sergeants in the proper procedures for identifying drug overdoses and ensuring proper medical attention for detainees.

68.

This unofficial policy, custom or practice in failing to train the deputies and sergeants in the proper method of identifying drug overdoses and the need for medical care was a moving factor in the deprivations suffered by Eddie Mays herein. The actions in failing to adequately train deputies and sergeants to identify drug overdoses and the need for medical attention is deliberately indifferent to the rights held by detainees.

69.

Defendant Blanton made no personnel changes within the DCAJ staff as a result of the actions and inactions described herein and seen on the DCAJ video, including but not limited to the ignoring, neglect, joking, mocking, and criticizing of Eddie Mays. Nor did he make any personnel changes based upon the policies and procedures that were not followed on the evening of Eddie Mays’ death. The policies mentioned herein were the moving factor in the death of Eddie Mays, all to his total damage of $3,000,000 against Deschutes County.

FOURTH CLAIM FOR RELIEF: Informal Culture and Custom (42 U.S.C. 1983 Violation of the 8th and 14th Amendments

Against Defendant Deschutes County)

70.

Plaintiffs reallege paragraph 1-69 as if fully set forth. 71.

Defendant Deschutes County has a policy, custom or procedure which allows abuse and neglect of prisoners and creates dangerous conditions for detainees. The ability of the officers to behave in the manner they did, without repercussions, despite their actions being videotaped and

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an investigation undertaken, indicates a culture and philosophy where cruel, neglectful and disrespectful treatment of citizens is permitted, if not condoned, supported and rewarded.

72.

The above-described culture is a direct cause of the injuries sustained by Eddie Mays. The evidence of this culture is the videotape itself where officers, in uniform, neglect, mock and refuse medical treatment to a man who is clearly suffering from a drug overdose who poses no threat and offers no resistance. The fact that these actions were reviewed by supervisors at the Sheriff’s office and no action was taken solidifies and reinforces the belief within the officers that they are above the law.

FIFTH CLAIM FOR RELIEF: Negligence and Wrongful Death (Against Defendant Deschutes County)

73.

Plaintiffs reallege paragraphs 1-72 as if more fully set forth. 74.

This is a suit for damages arising out of negligence on the part of Defendant Deschutes County, through its officers and employees, in failing in their duty to protect a person in their care. The duty of care includes providing humane conditions of confinement, ensuring that inmates receive adequate medical care and taking reasonable measures to guarantee the safety of the inmates.

75.

Defendant breached its duty of care, and was thus negligent by not providing humane conditions of confinement to Eddie Mays or providing him with adequate medical care. Defendant’s acts and omissions as specified in paragraphs above created a foreseeable risk to Eddie Mays of injury and/or his death.

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76.

Eddie Mays’ death arose directly out of Defendant’s employees’ acts and omissions as specified in paragraphs above.

77.

Defendant’s acts and omissions as referenced in detail above showed a reckless and outrageous indifference to a highly unreasonable risk of harm to Eddie Mays and conscious indifference to the health, safety and welfare of Eddie Mays and other similarly situated persons. As such, Plaintiffs are entitled to recover punitive damages from Defendant in an amount to be determined at the time of trial. In addition to the above claimed damages, Plaintiffs seek $250,000 against each individual Defendant for a total of $2,500,000.

SIXTH CLAIM FOR RELIEF: Substantive Due Process/Parental Loss Claim (42 U.S.C. 1983 Violation of the 8th and 14th Amendments Against All Defendants)

78.

Plaintiffs reallege paragraphs 1-72 as if fully set forth. 79.

Plaintiffs have the right not to have their life or liberty taken by government action with due process of law under the 14th Amendment to the United States Constitution.

80.

The rights protected under the 14th Amendment due process clause bar certain

government actions regardless of the fairness of the procedures used to implement them. In this situation the 14th Amendment is intended to prevent government officials from acting in ways that employ their powers as an instrument of oppression or menace or which shocks the conscience.

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81.

The substantive due process rights of the 14th Amendment protect against the arbitrary governmental actions which infringe upon the bodily integrity of any citizen. When

governmental employees act in such a way they are interfering with fundamental rights implicit in the concept of an ordered liberty. The Supreme Court recognized that when the government kills a citizen the parents, children and spouse have the right to bring an action for their own individual loss arising from the unlawful killing.

82.

The actions and inactions of Defendants jointly and severally that resulted in Eddie Mays’ death were intentional and without justification or right. The killing of Eddie Mays deprived his father of his companionship, love and support for the rest of his own life. The killing of Eddie Mays was unjustified and unreasonable and shocks the conscience.

83.

Defendants’ conduct was well defined by law and each Defendant knew or reasonably should have known that their conduct was well below the standard prescribed by law.

84.

As a result of these Constitutional violations, Edwin Burl Mays Jr. has lost the

companionship, society and love of his son. The extent of Plaintiff’s damages will be more fully proven at trial but will be no less than $2,700,000.

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WHEREFORE, Plaintiff Edwin Burl Mays Jr., individually and as Personal

Representative for the Estate of Edwin Burl Mays III prays for relief from the Court as follows: 1. On all claims, that Edwin Burl Mays III protected rights were violated to his

detriment.

2. On the first and second claims for relief, Plaintiff’s Estate prays for judgment against each individual Defendant for $250,000 individually for a total of $2,500,000. 3. On the third and fourth claims for relief, Plaintiff’s Estate prays for judgment against

Deschutes County for $3,000,000.

4. On the fifth claim for relief, Plaintiffs pray for judgment against Deschutes County for $250,000 against each individual Defendant for a total of $2,500,000.

5. On the sixth claim for relief, Plaintiff Edwin Burl Mays Jr. prays for judgment against all Defendants in the amount of $2,700,000.

6. On the federal claims, Plaintiffs pray for attorney fees, costs and disbursements. 7. Plaintiffs pray for punitive damages against Defendant Deschutes County.

Dated: May 26, 2015.

By:

Jennifer L. Coughlin, OSB 065781 Brothers Hawn & Coughlin, LLP Of Attorneys for Plaintiffs