1 IN THE CIRCUIT COURT OF THE STATE OF OREGON

2 IN AND FOR THE COUNTY OF MULTNOMAH

3
WESTLEY FOSTER,
4 Case No.
Plaintiff,
5 COMPLAINTAND DEMAND FOR
v. JURY TRIAL
6
SIGNAL 88, LLC, Battery; False Arrest; Negligent Training,
7 Supervision and Retention
Defendant.
8 Fee Authority: ORS 21.160(1)(c) $560
9 Claim Not Subject to Mandatory
Arbitration
10
11 Plaintiff alleges:
12 1.
13 Plaintiff Westley Foster is a resident of Multnomah County.
14 2.
15 Defendant Signal 88, LLC is a limited liability company registered in the State of
16 Oregon.
17 3.
18 Safeway hired Signal 88, LLC, to provide security services for its store at 1010 SW Jefferson in
19 Portland, Oregon.
20
21
22 4.
23 At all times material, Ibrahim Seraphin was acting as a private security guard for Signal
24 88, LLC. While engaged in the acts giving rise to this lawsuit, Ibrahim Seraphin was acting in
25 the course and scope of his employment as a security guard.
26

Page 1 - COMPLAINT AND DEMAND FOR JURY TRIAL

 1 5.
2 On April 5, 2017, Mr. Foster was exercising his First Amendment rights on the public
3 sidewalk abutting the Safeway store on SW 10th and Jefferson. Signal 88, LLC employee
4 Seraphin Ibrahim, wearing the Signal 88 uniform, walked out of the Safeway and onto the public
5 sidewalk. He ordered Mr. Foster to leave the public sidewalk, he pushed him into the street, he
6 told him that Mr. Foster was going to go to prison, and then Seraphin Ibrahim beat Mr. Foster
7 repeatedly on his back with a solid baton. He then handcuffed Mr. Foster. He lifted Mr. Foster
8 by the handcuff and dragged him back onto the public sidewalk from the public street. He left
9 Mr. Foster handcuffed on the sidewalk until an ambulance came to take Mr. Foster to the
10 hospital to treat his multiple injuries, including a laceration to his leg, contusions and deep
11 bruising to his backs and his ribs. He kicked Mr. Fosters personal property around the public
12 sidewalk. None of this conduct was justified or defensible.
13 6.
14 Mr. Foster has suffered and continues to suffer considerable harm and emotional distress
15 from this assault. As a result of being pushed into the street, Mr. Foster suffered cuts to his leg.
16 He suffers anxiety from the unilateral attack. He suffered pain in his body from having his arms
17 twisted behind his back and from the multiple times that Seraphin Ibrahim hit him in the back
18 with the baton.
19 FIRST CLAIM FOR RELIEF
20 (Battery)
21 7.
22 Plaintiff realleges paragraphs 1 through 6.
23 8.
24 Ibrahim Seraphins repeated offensive touching and harassing of Mr. Foster was
25 unwanted, threatening and caused painful, offensive and insulting contact to Mr. Foster. Ibrahim
26 Seraphin caused Mr. Foster to suffer the damages alleged. Ibrahim was acting in the course and
scope of his duties as a security guard for Security 88, Inc.

Page 2 - COMPLAINT AND DEMAND FOR JURY TRIAL

 1 9.
2 As a result of the battery, Mr. Foster suffered battering, lacerations, and bruising injuries
3 and continues to suffer, and will permanently suffer from anxiety and fear, all to his non-
4 economic damage in the amount of $500,000.
5 SECOND CLAIM FOR RELIEF
6 (False Arrest)
7 10.
8 Plaintiff realleges paragraphs 1 through 6.
9 11.
10 At the above time and place, Ibrahim Seraphin was acting within the course and scope of
11 his employment with Signal 88, LLC when he caused Mr. Foster to be stopped, detained, and
12 held against his will.
13 12.
14 As a result of the above-described detention, Mr. Foster suffered loss of his freedom,
15 anguish, embarrassment, humiliation, anxiety and fear, frustration and denial of Mr. Fosters
16 right to come and go as plaintiff pleased, all to Mr. Fosters non-economic damages in the sum
17 of $500,000.
18
19 THIRD CLAIM FOR RELIEF
20 (Negligence)
21 13.
22 Plaintiff realleges paragraphs 1 through 6.
23 14.
24 Signal 88, LLC was negligent in failing to reasonably train and supervise Ibrahim
25 Seraphin concerning the reasonable limits of his authority when providing security services for
26 Safeway;

Page 3 - COMPLAINT AND DEMAND FOR JURY TRIAL

 1 15.
2 Signal 88, LLCs negligence caused Mr. Foster physical and emotional harm to his non-
3 economic damage in the amount of $500,000.
4 16.
5 PLAINTIFF DEMANDS A JURY TRIAL.
6 WHEREFORE, plaintiff claims for relief against defendants as follows:
7 a. For his first claim for relief: non-economic damages in the amount of $500,000;
8 b. For his second claim for relief: non-economic damages in the amount of
9 $500,000;
10 c. For his third claim for relief: non-economic damages in the amount of $500,000;
11 d. For his costs and disbursements incurred herein; and
12 e. For such other relief as the court deems just.
13
14 DATED this 12 day of October, 2017.
15 Respectfully submitted,
16 LAW WORKS LLC
17 By: s/Lake James H. Perriguey_
Lake James H. Perriguey, OSB # 983213
18 LAW WORKS LLC
1906 SW Madison Street, Ste 201
19 Portland, Oregon 97205
Phone: (503) 227.1928
20 Fax: (503) 334.2340
E-mail: lake@law-works.com
21 Attorneys for Plaintiff
Trial Attorney
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Page 1 - CERTIFICATE OF SERVICE