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WORKS
LLC
lake@law-works.com
April 6, 2015
Stephen Jupe, Superintendent
Scappoose School District
Lake Perriguey
C:
Enclosure
Case No.:
COMPLAINT
Plaintiffs,
v.
LAURA%LaMARSH,%in#her#capacity#as#
principal#of#Warren#Elementary#School,#
and#STEPHEN%JUPE,%Superintendent%of%
the%SCAPPOOSE%SCHOOL%DISTRICT.%
Defendant.
JURISDICTIONAL ALLEGATIONS
1.
This claim arises under 42 U.S.C. 1983, the Fourth and Fourteenth Amendment of the
United States Constitution. This Court has jurisdiction of Plaintiffs federal law claims pursuant
to 28 U.S.C. 1331 and 1343, and 42 U.S.C. 1988.
2.
Venue is proper under 28 U.S.C. 1391(b), in that one or more of the defendants resides in the
State of Oregon and Plaintiffs claims for relief arose in this district.
Page 1
COMPLAINT
MADISON MANOR
1906 SW MADISON ST
PORTLAND, OR 97205
TELEPHONE (503) 227-1928
FACSIMILE (503) 334-2340
lake@law-works.com
Costs and attorney fees may be awarded pursuant to the Civil Rights Act 42 U.S.C. 1988.
3.
The court has jurisdiction over Plaintiffs pendent state law claims under 28 U.S.C. 1367.
PARTIES
At all times material herein, Plaintiff Tina Wells was the mother of S.W. Both are citizens of the
United States residing in the City of Scappoose, located in Columbia County, Oregon. Tina
Wells brings this action on behalf of herself and on behalf of the minor child, S.W.
4.
At all times material herein, Laura LaMarsh was the Principal at Warren Elementary and
Stephen Jupe was the Superintendent of Scappoose School District. They were acting in the
course and scope of their employment with the Scappoose School District, a government entity
located in the State of Oregon.
5.
On February 24, 2015, Plaintiff, S.W., a 6 year-old minor child, discovered graffiti on a
bathroom wall at Warren Elementary school and reported it to her teacher.
6.
According to the Scappoose School District policy, "When a student is a suspect in a criminal act
and is to be questioned by a law enforcement official for the purpose of establishing involvement
in the act, questioning will be allowed on district property only with parental consent."
7.
Laura LaMarsh permitted and suffered two uniformed officers to question S.W. without
supervision, declining to accompany S.W. during the officer interrogation, declining to sit in on
the officer interrogation of S.W., which took place behind closed doors at Warren Elementary
Page 2
COMPLAINT
MADISON MANOR
1906 SW MADISON STREET
PORTLAND, OR 97205
TELEPHONE (503) 227-1928
FACSIMILE (503) 334-2340
lake@law-works.com
School, without a warrant and without parental consent, as required by Scappoose School
District policy.
8.
S.W. understood that she was not free to leave the closed room in which she was questioned by
the two uniformed officers, compelled to provide writing samples, and made to answer questions
without having first been made aware of her right to remain silent, to be represented by counsel,
and to be accompanied by her parents.
9.
At no time before or during the interview did Defendants or their agents make an attempt to
notify S.W.s parents of the officer interrogation, despite Scappoose School District policies
requiring Defendants to do so.
10.
Only after the custodial interrogation did S.W.s parents learn of the event. No criminal charge
was filed nor was a petition filed with the department of human services.
11.
Notwithstanding Scappoose School District policies, LaMarsh and Jupe waited two days to
inform Tina Wells that the Defendants had allowed two uniformed and armed adult male officers
to question S.W. alone in a closed room without parental or other adult supervision.
12.
On February 26, 2015, Jupe and Marsh acknowledged that Defendants violated School District
Policies (see Exhibit 1) by allowing S.W. to be interrogated by armed officers without attempting
to contact and failing to contact S.W.s parents until days after the interrogation.
Page 3
COMPLAINT
MADISON MANOR
1906 SW MADISON STREET
PORTLAND, OR 97205
TELEPHONE (503) 227-1928
FACSIMILE (503) 334-2340
lake@law-works.com
13.
As a direct and foreseeable result of the events that transpired during this incident, S.W. has
suffered emotional damages, has developed a fear of law enforcement, in an amount not more
than $50,000.
14.
Plaintiffs are entitled to all remedies provided by 42 U.S.C. 1983.
15.
Defendants actions were outrageous, stigmatizing, damaging, showed extreme disregard for the
welfare of S.W., and are outside the realm of socially tolerable conduct for public officials. Such
conduct is specifically prohibited by District Rules, which set minimal standards for the manner
in which public school officials may treat students.
Page 4
COMPLAINT
MADISON MANOR
1906 SW MADISON STREET
PORTLAND, OR 97205
TELEPHONE (503) 227-1928
FACSIMILE (503) 334-2340
lake@law-works.com
COMPLAINT
MADISON MANOR
1906 SW MADISON STREET
PORTLAND, OR 97205
TELEPHONE (503) 227-1928
FACSIMILE (503) 334-2340
lake@law-works.com
arbitrary deprivation of S.W.s and Tina Wells fundamental liberties and substantive due process
rights under the 14th Amendment.
25.
At all relevant times herein, the Scappoose School District had the power, right and duty to train
the manner in which employees carried out the objectives of their employment in a
manner consistent with State and Federal Constitutions and Federal and State Statutes and laws.
Defendant Scappoose School Districts failure to investigate or train its employees in this
manner was so reckless or grossly negligent that future misconduct is almost inevitable.
26.
Defendants wrongful actions described herein violated Plaintiffs' right to be free from
unlawful interference with familial association guaranteed by the Fourteenth Amendment to the
United States Constitution. Plaintiff is informed and believes and thereon alleges that the right of
familial association guaranteed under the Fourteenth Amendment is "clearly established" such
that a reasonable administrator would know it is unlawful to remove a child from the care,
custody and control of its parents in such circumstances, without a warrant.
27.
Defendants wrongful actions described herein violated Plaintiffs right to be free from
unlawful interference with familial association guaranteed by the Fourteenth Amendment to the
United States Constitution. Plaintiff is informed and believes and thereon alleges that the right of
familial association guaranteed under the Fourteenth Amendment is clearly established such
that a reasonable teacher or school administrator would know it is unlawful for the removal a
child from the care, custody and control of its parents in the absence of a warrant or exigent
circumstances.
Page 6
COMPLAINT
MADISON MANOR
1906 SW MADISON STREET
PORTLAND, OR 97205
TELEPHONE (503) 227-1928
FACSIMILE (503) 334-2340
lake@law-works.com
28.
Defendant Scappoose School Districts failure to investigate or train its employees in this
manner was so reckless or grossly negligent that future misconduct is almost inevitable.
duty to train the manner in which employees carried out the objectives of their employment in a
manner consistent with State and Federal Constitutions and Federal and State Statutes and laws.
29.
The action of Defendants showed a callous or reckless disregard for the rights of Plaintiffs.
30.
Plaintiffs are entitled to all remedies provided by 42 U.S.C. 1983.
FOURTH CLAIM FOR RELIEF
(False Imprisonment)
31.
Plaintiffs reallege paragraphs 1-15.
32.
Defendant LaMarsh intended to allow the officers to confine Plaintiff S.W. to a small room for
purposes of conducting an interrogation. Plaintiff S.W. was aware that she was confined and
understood that she was not free to leave. The confinement of Plaintiff S.W. was unlawful and
Defendant LaMarshs actions were the direct and proximate cause of the Plaintiffs S.W.s
injuries as set forth above.
FOURTH CLAIM FOR RELIEF
(Intentional Infliction of Emotional Distress)
32.
Plaintiffs reallege paragraphs 1-15.
Page 7
COMPLAINT
MADISON MANOR
1906 SW MADISON STREET
PORTLAND, OR 97205
TELEPHONE (503) 227-1928
FACSIMILE (503) 334-2340
lake@law-works.com
33.
Defendant LaMarsh knew or should have known with certainty that her conduct was likely to
cause emotional distress to Plaintiff S.W. Insofar as Defendants conduct violated the
Scappoose School Districts own rules, Defendants conduct was outside the realm of socially
tolerable behavior. Defendant's conduct caused Plaintiff S.W. to suffer anxiety, emotional
distress, and nightmares. Defendants' actions were the direct and proximate cause of Plaintiff s
injuries as set forth herein.
Wherefore, Plaintiff pray for a judgment as follows:
1.
2.
3.
May 7, 2015.
Page 8
COMPLAINT
MADISON MANOR
1906 SW MADISON STREET
PORTLAND, OR 97205
TELEPHONE (503) 227-1928
FACSIMILE (503) 334-2340
lake@law-works.com
EXHIBIT