I •

IN THE CIRCUIT COURT OF THE STATE OF OREGON

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FOR THE COUNTY OF MULTNOMAH 18CV44914
LAMAR WARREN, by and through his )
Guardian Ad Litem, ELISHA WARREN, ) Case No.:
) .. ____.,, }
8
Plaintiff, ) COMPLAINT FOR BATTERY AND
9
) DISCRIMINATION
V. )
10 ) NOT SUBJECT TO MANDATORY
PORTLAND PUBLIC SCHOOLS ) ARBITRATION
11 DISTRICT 1-J, a subdivision of the )
State of Oregon, ) PRAYER: $300,000
12 ) ORS 21.160(l)(c) - $560
Defendant. )
13
JURY TRIAL DEMANDED
14

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Plaintiff demands a jury trial and alleges:

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1.

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At all times mentioned herein, Martin Luther King, Jr. School was and is

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a public school operated by defendant Portland Public Schools District 1-J

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(hereinafter, "PPS") within the County of Multnomah, State of Oregon.

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2.

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On or about October 17, 2017, plaintiff LaMar Warren was a minor child

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attending Martin Luther King, Jr. School. Plaintiffs date of birth is November

27, 2003, and his mother Elisha Warren has been duly appointed his Guardian
23
Ad Litem.
24

25 II

26 PAGE 1 - COMPLAINT FOR BATTERY AND KAP'OURY & McDOUGAL

411 SW 2nd Ave., Suite 200
DISCRIMINATION Portland, OR 97204
Fax: 503-224-2673
Phone: 503·224-2647
 1 3.

2 At all times mentioned herein, defendant PPS is and was a subdivision ofi
~
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I+-<
0
3 the state of Oregon and a local public body engaged in the education of

5: 4 children, in Portland, Oregon.

0
u
~ 5 4.
~
u
15 6 At all times mentioned herein, Bruce Niemann was an employee or agent
!.;:::1
·i::
~
1
7 of PPS acting within the course and scope of his employment or agency at
8 Martin Luther King, Jr. School.

9 5.
10 On or about October 17, 2017, Bruce Niemann deliberately hit plaintiff
11 on the head with a clipboard with the intent and effect of causing offense and

12 pain.

13 6.
14 On 0r about October 17, 2017, Bruce Niemann made racially derogatory
15 comments directed at plaintiff.

16 7.

17 Pursuant to Oregon Revised Statute 30.275, plaintiff through his

18 attorney, submitted a Tort Claim Notice to defendant PPS, dated January 3,

19 2018. When PPS did not acknowledge receipt of the Tort Claim Notice dated

20 January 3, 2018, plaintiff submitted a second Tort Claim Notice to defendant

21 PPS on February 27, 2018.

22

23 FOR A FIRST CLAIM FOR RELIEF FOR BATTERY, plaintiff alleges:

24 8.

25 Plaintiff realleges and incorporates by reference paragraphs 1-7, above.

26 PAGE 2 -:COMPLAINT FOR BATTERY AND KAP'OURY & McDOUGAL

411 SW 2nd Ave., Suite 200
DISCRIMINATION Portland, OR 97204
Fax:503·224-2673
Phone: 503-224-2647
 9.

As a result of the above-de~ctitied battefy, plaintiff suffered head pain,

discomfort and humiliation, and has suffered and continues to suffer

humiliation, anger, loss of trust, hypervigilance, and anxiety, all to his

noneconomic damages in the amount of $150,000.

10.

FOR A SECOND CLAIM FOR RELIEF FOR DISCRIMINATION, plaintiff

8 alleges:

9 9.

10 ~lain tiff realleges and incorporates by reference paragraphs 1-7, above.

11 10.

12 Plaintiff is African American.

13
11.
14
PPS is and at all times mentioned herein has been a place of public
15
accommodation within the meaning of ORS 659A.400. At least part of the
16

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motivation for the above-described conduct on the part of PPS's employee

18 and/or agent, defendant Niemann, was the plaintiffs race.

19
12.
20
The above-described conduct violates ORS 659A.403, which prohibits
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discrimination in places of public accommodation on account of race.
22

23 II
24 II
25 II
26 PAGE 3 - COMPLAINT FOR BATTERY AND KAP'OURY & McDOUGAL
411 SW 2"d Ave., Suite 200
DISCRIMINATION Portland, OR 9.7204
Fax: 503-224,2673
Phone: 503-224-2647
 00
~ 1 13.
~
ci
'"""' 2
g As a result of the above-described discrimination, plaintiff suffered,
'61,
a
(;....
0
3 continue to suffer, and may in the future suffer from feelings of racial

8 4
stigmatization, anger, loss of trust, humiliation, hypervigilance, and anxiety, all
is
~ to his noneconomic damages in the amount of $150,000.
'E 6
,.;::::
·i:::
~,7 14.
Plaintiffs are entitled to reasonable attorney fees pursuant to ORS
8
659A.885.
9

10 WHeREFORE, plaintiff prays for judgment against defendant in the

11 amount of $300,000 in noneconomic damages, reasonable attorney fees

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

13 incurred herein.

14 Dated: October 4, 2018.

15

16 / s / Gregory Kafoury
17 Gregory Kafoury, OSB #741663
kafoury@kafourymcdougal.com
18 Mark McDougal, OSB # 890869
mcdougal@kafourymcdougal. com
19 Jason Kafoury, OSB #091200
jkafoury@kafourymcdougal.com
20
Dustin Hawkins, OSB #1639444
21
hawkins@kafourymcdougal.com
Attorneys for Plaintiff
22

23

24

25

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PAGE 4 - COMPLAINr FOR BATIERY AND KAP'OURY & McDOUGAL
411 SW 2nd Ave., Suite 200
DISCRIMINATION Portland, OR 97204
Fax: 503-224-2673
Phone:503-224-2647