Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 1 of 28

WILLOW R. HILLMAN OSB #153514

E-mail: willow@willowhillmanlaw.com
LAW OFFICE OF WILLOW HILLMAN, LLC
44 Broadway, Suite 222
Eugene, OR 97401
Phone : (541) 735-3678
Fax: (541) 485-7152

Of Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

ANZHELIKA PAYNE, personal

representative to the estate of LANDON
JAY PAYNE Civil No.
Plaintiff. COMPLAINT
(Civil Rights/State Law/Damages)
vs.

JAIRO SOLORIO, an individual, DEMAND FOR JURY TRIAL

ANDREW ROBERTS, an individual,
JACOB THOMAS, an individual,
ROBERT GRIESEL, an individual,
JUSTIN WILSON, an individual,
KIMBERLY FULTON, an individual,
EMMA EDWARDS, an individual,
COLTER GAWITH, an individual,
NATHAN GENT, an individual,
MICHAEL BAEUERLEN, an individual,
STEPHEN FOLEY, an individual,
JOSEPH FISHER, an individual,
JEREMY FIFER, an individual,
WILLIAM MCCLURE, an individual,
LANCE JESTER, an individual,
CLINT RILEY, an individual, C. SANTINI, an individual,
LANE COUNTY and CITY OF EUGENE, a municipal
corporation.

Defendants.

1 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 2 of 28

INTRODUCTION

1. On March 27, 2020, Anzhelika Payne called 911 requesting help for her husband

who was experiencing a mental health crisis. Eugene Police officers arrived knowing Mr. Payne

had a history of mental health emergencies and that he had a warrant out of another county for

contempt of court (nonpayment of child support). Officers spent 30 minutes in conversation with

Landon Payne attempting to calm his paranoia and speaking to his family trying to determine a

safe place he could go for the night.

Due to the COVID 19 pandemic many of the local options were closed for people

experiencing mental health crisis. After 20 minutes of conversations officers on scene finally did

what Anzelhika Payne had requested when she originally called 911 and requested CAHOOTS

services for counseling.

Unfortunately, by the time CAHOOTS arrived Officer Solorio had decided he had had

enough of the situation and as CAHOOTS talked calmly with Landon Payne, Officer Solorio

decided he was going to go ahead use his discretion and confirm the warrant that was outstanding

for child support. This was a discretionary decision by the officer based on the nature of the

warrant and the situation. Not having any other reason to arrest Mr. Payne and having nowhere

safe to take him, other than a hospital, which for some reason was never considered, Solorio

decided to end the situation with an arrest. Officer Solorio told his fellow officer that he did not

want to come back out there later in the night or make another officer deal with it so he was going

to arrest Mr. Payne now on the warrant.

Without informing Mr. Payne of his warrant or his decision to arrest him, multiple

officers moved in quickly on the paranoid man and grabbed him. Mr. Payne shocked at the

situation and trying to understand tried to pull away. Officer Thomas pulled his taser and

ultimately tazes Mr. Payne 4-5 times at very close range in a matter of seconds.

2 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 3 of 28

Mr. Payne in an even more severe mental health crisis is hand cuffed and placed in a

police cruiser where he unintelligibly moans, groans and grunts. Medics arrived and were not

able to get vital signs so, the officers decide to skip the medical evaluation and take Mr. Payne to

the Lane County Jail to be booked in.

At the Lane County Jail, Mr. Payne continues to moan, grunt, and gasp as deputies

remove him from the Eugene Police Department SUV. Mr. Payne is taken to the ground by

multiple deputies and kneeled on by as many as eight deputies. During this encounter, Mr. Payne

becomes unconscious. When deputies realize what has occurred, they begin CPR. Ultimately,

because of this encounter Mr. Payne was placed on life support for a day and ultimately

succumbed to his injuries on March 30, 2020.

NATURE OF ACTION

2. Pursuant to 42 USC §198, Plaintiff alleges the deprivation of Landon Jay Payne’s

rights as protected by the state and federal constitutions and statutes. Plaintiff is also alleging

violations of Oregon common law in the form of intentional infliction of emotional distress.

Anzhelika Payne, wife of the late Landon Payne, is the duly appointed personal representative of

the estate of Landon Payne. Plaintiff seeks economic, non-economic and punitive damages and

equitable remedies, including attorney fees and litigation expenses/costs, which further includes

expert witness fees and expenses in an amount to be determined by a jury trial.

JURISDICTION & VENUE

3. This court has jurisdiction over plaintiff’s federal claims by virtue of 28 USC

§§1331 and 1343, and over plaintiff’s state claims by virtue of 28 USC §1367.

4. Venue is in the District of Oregon pursuant to 28 USC §1391(b) because the

claims arose in this judicial district.

3 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

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TORT CLAIM NOTICE

5. Plaintiff learned of the of this claim in July of 2021 when an article was

published about the death of her husband prior to that time she had been misled by officials

regarding the nature of his death. She has filed this lawsuit within one year of learning of the

claims and has thereby satisfied the requirements of the Oregon Tort Claims Act, as specified in

ORS 30.275.

PARTIES

6. Landon Jay Payne died intestate. Landon Payne was a resident of Eugene,

Oregon, Lane County at the time of the events alleged herein. Anzhelika Payne, wife of the late

Landon Payne, is the duly appointed personal representative of the estate of Landon Jay Payne.

Anzhelika Payne was a resident of Eugene, Oregon, Lane County at the time of the events alleged

herein.

7. At all material times herein, defendant CITY OF EUGENE (“Eugene”) is a

public body in the State of Oregon responsible under state law for the acts and omissions of its

law enforcement officers and other employees, including those whose conduct is at issue herein.

As a local government entity, the City of Eugene is a person under 42 USC §1983. At all

material times the city of Eugene employed Defendants JAIRO SOLORIO, ANDREW

ROBERTS, JACOB THOMAS and ROBERT GRIESEL.

8. At all material times these defendants were working under the color of State

Law.

9. At all material times herein, defendant JAIRO SOLORIO was a CITY OF

EUGENE police officer acting within the course and scope of his employment. Jairo Solorio is

sued in his individual capacity only. On information and belief, he is a citizen and resident of the

State of Oregon.

10. At all material times herein, defendant ANDREW ROBERTS was a CITY OF

EUGENE police officer acting within the course and scope of his employment. Andrew Roberts

4 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
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is sued in his individual capacity only. On information and belief, he is a citizen and resident of

the State of Oregon.

11. At all material times herein, defendant JACOB THOMAS was a CITY OF

EUGENE police officer acting within the course and scope of his employment. Jacob Thomas is

sued in his individual capacity only. On information and belief, he is a citizen and resident of the

State of Oregon.

12. At all material times herein, defendant ROBERT GRIESEL, was a CITY OF

EUGENE police officer acting within the course and scope of his employment. ROBERT

GRIESEL is sued in his individual capacity only. On information and belief, he is a citizen and

resident of the State of Oregon.

13. At all material times herein, defendant LANE COUNTY is a public body in the

State of Oregon responsible under state law for the acts and omissions of its law enforcement

officers/corrections staff and other employees, including those whose conduct is at issue herein.

As a local government entity, Lane County, is a person under 42 USC §1983. At all material

times Lane County employed Defendants Deputies, Justin Wilson, Kimberly Fulton, Emma

Edwards, Colter Gawith, Nathan Gent, Michael Baeuerlen, Stephen Foley, Joseph Fisher, Jeremy

Fifer, William McClure, Lance Jester, Clint Riley and Deputy C. Santini.

14. At all material times these defendants were working under the color of State

Law.

15. Clint Riley is the Jail Commander for the Lane County Sheriff’s Office. At all

times pertinent, Captain Riley was acting as an agent of Lane County, actual or implied, acting

within the course and scope of his agency. Captain Riley oversaw the day-to-day operations of the

jail and was responsible for ensuring that people entering the Lane County Jail in March 2020

were receiving constitutionally adequate medical services and evaluations, that proper COVID

19 protocols were in place, that only proper and necessary force is used on detainees, and that the

5 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

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correctional deputies followed them. On information and belief, he is a citizen and resident of the

State of Oregon.

16. At all material times herein, defendant JUSTIN WILSON was a LANE

COUNTY Sherriff’s Deputy acting within the course and scope of his employment at the Lane

County Jail. Justin Wilson is sued in his individual capacity only. On information and belief, he

is a citizen and resident of the State of Oregon.

17. At all material times herein, defendant KIMBERLY FULTON was a LANE

COUNTY Sherriff’s Deputy acting within the course and scope of her employment at the Lane

County Jail. Kimberly Fulton is sued in her individual capacity only. On information and belief,

she is a citizen and resident of the State of Oregon.

18. At all material times herein, defendant COLTER GAWITH was a LANE

COUNTY Sherriff’s Deputy acting within the course and scope of his employment at the Lane

County Jail. Colter Gawith is sued in his individual capacity only. On information and belief, he

is a citizen and resident of the State of Oregon.

19. At all material times herein, defendant NATHAN GENT was a LANE COUNTY

Sherriff’s Deputy acting within the course and scope of his employment at the Lane County Jail.

Nathan Gent is sued in his individual capacity only. On information and belief, he is a citizen and

resident of the State of Oregon.

20. At all material times herein, defendant STEPHEN FOLEY was a LANE

COUNTY Sherriff’s Deputy acting within the course and scope of his employment at the Lane

County Jail. Stephen Foley is sued in his individual capacity only. On information and belief, he

is a citizen and resident of the State of Oregon.

21. At all material times herein, defendant MICHAEL BAEUERLEN was a LANE

COUNTY Sherriff’s Deputy acting within the course and scope of his employment at the Lane

County Jail. Michael Baeuerlen is sued in his individual capacity only. On information and

belief, he is a citizen and resident of the State of Oregon.

6 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
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22. At all material times herein, defendant EMMA EDWARDS was a LANE

COUNTY Sherriff’s Deputy acting within the course and scope of her employment at the Lane

County Jail. Emma Edwards is sued in her individual capacity only. On information and belief,

she is a citizen and resident of the State of Oregon.

23. At all material times herein, defendant JOSEPH FISHER was a LANE COUNTY

Sherriff’s Deputy acting within the course and scope of his employment at the Lane County Jail.

JOSEPH FISHER is sued in his individual capacity only. On information and belief, he is a

citizen and resident of the State of Oregon.

24. At all material times herein, defendant JEREMY FIFER was a LANE COUNTY

Sherriff’s Deputy acting within the course and scope of his employment at the Lane County Jail.

Jeremy Fifer is sued in his individual capacity only. On information and belief, he is a citizen and

resident of the State of Oregon.

25. At all material times herein, defendant WILLIAM MCCLURE was a LANE

COUNTY Sherriff’s Deputy acting within the course and scope of his employment at the Lane

County Jail. William McClure is sued in his individual capacity only. On information and belief,

he is a citizen and resident of the State of Oregon.

26. At all material times herein, defendant LANCE JESTER was a LANE COUNTY

Sherriff’s Deputy acting within the course and scope of his employment at the Lane County Jail.

Lance Jester is sued in his individual capacity only. On information and belief, he is a citizen and

resident of the State of Oregon.

27. At all material times herein, defendant DEPUTY C. SANTINI was a LANE

COUNTY Sherriff’s Deputy acting within the course and scope of his employment at the Lane

County Jail. C. Santini is sued in his individual capacity only. On information and belief, he is a

citizen and resident of the State of Oregon.

7 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 8 of 28

FACTUAL ALLEGATIONS

The Arrest

28. On March 27, 2020, Eugene Police Officers Jairo Solorio, Andrew Roberts and

Jacob Thomas were dispatched to a call of a man in a mental health crisis.

29. Eugene Police Department policy requires its officers to take a 40-hour crisis

intervention team training known as CIT to prepare them for deescalating and dealing with

individuals in crisis.

30. According to EPD Policies, “Officers are expected to use their CIT training

when responding to incidents involving persons in crisis due to known or perceived mental

illness.”

31. Upon information and belief and, according to State DPSST records, none of

the three officers had completed the mandatory training when they arrived to assist Mr. and Mrs.

Payne.

32. Anhelika Payne had called 911 asking for CAHOOTS to respond to her home

to assist her husband who was experiencing a mental health crisis and she believed may have

used some substance.

33. The officers knew before arriving to the Paynes’ home that Landon Payne had

a history of mental health issues as the Eugene police department had previously taken Mr.

Payne for a mental health hold in 2017.

34. Officers arrived to find Mr. and Mrs. Payne outside on the porch of their home.

Officer Solorio approached the couple first and asked them how it was going. Mrs. Payne

responded, “it could be better,” and told the officer her “husband {was} having some trouble”.

35. Mr. Payne focused immediately on the fact that the officers arrived with no

lights on and had no lights on. He asked the officer multiple times about his lights.

36. The officer asked Mr. Payne if he would come off the porch and speak with him

8 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
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,and Mr. Payne requested multiple times in a calm but, paranoid manner that the officer turn his

lights on. Payne asked the officer for his badge number and asked him to show him his badge

to confirm the number he gave appeared on his badge.

37. Officer Solorio assured Mr. Payne he would not lie to him and asked multiple times

what he could do to help. Most times however, he did not wait for a response or cut Mr. Payne

off when he attempted to respond.

38. Landon Payne ultimately informed the officer that his household is threatening

to have him killed. He said, “I am not trying to bad mouth them but, this what took place”.

Clearly displaying continued paranoid delusions, Mr. Payne continued expressing his fear of the

situation he was in.

39. Officer Solorio responded by calling Anzhelika Payne off the porch where she

stood attempting to comfort her husband, with the guise of wanting to talk to her.

40. When Mrs. Payne stepped down Officer Solorio instead, ushered her over to

other officers. He then moved in closer to Mr. Payne asking repeatedly “How can I help you

brother?”

41. Throughout this conversation Mr. Payne remained clearly paranoid and

concerned but, displayed a relatively calm demeanor, answering questions and carrying on a

conversation.

42. Officer Solorio asked Mr. Payne repeatedly why he was freaking out to which

Mr. Payne responded that he did not want to die and told the officer if he remained at the home

he would be killed.

43. Mr. Payne asked Officer Solorio why he was lurking in the corner and

continued to display concerned and paranoid concerns.

44. According to Eugene Police Department Policies, mental health crisis includes

people exhibiting signs of delusions, extreme fright, and “strong unrelenting fear of persons,

9 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

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places or things.”

45. Mr. Payne explained that he wanted to pack a bag and be brought to White Bird

Clinic. Throughout the conversation, Mr. Payne had arms by his side and his hands in his

pockets.

46. Mr. Payne requested multiple times to go to White Bird Clinic.

47. Mrs. Payne told officers that Mr. Payne made no threats to anyone, and that he

had never been violent. She reiterated several times that Mr. Payne was fearful.

48. Officers told Mrs. Payne multiple times they have no basis to arrest Mr. Payne

or, detain him because he had not committed a crime and was not a danger to himself or others.

49. This was the first of many falsities relayed to Mrs. Payne.

50. Nearly 20 minutes into their contact, officers finally do what Mrs. Payne had

originally requested in her 911 call and call CAHOOTS to come provide counseling services.

51. Mr. Payne continued to calm down even further while he waited for Cahoots.

52. CAHOOTS finally arrived and while the crisis intervention team spoke with

Mr. Payne, Officer Solorio has a conversation with his fellow officer who reminded him that

they learned on the way to the call that Landon Payne had an unconfirmed warrant.

53. Officer Solorio told the other officer he didn’t know what he is going to do

about that. It appeared that Officer Solorio thinks about it for a minute and then said, “ uh I

don’t know I am probably going to confirm it.” The other officer added, “Because you think

we will be back?” Officer Solorio saed, “I think so, and I don’t want to leave it to someone else

because I am going to be at the hospital.”

54. Thirty minutes and 38 seconds into the conversation, without explaining what

they were doing, informing Mr. Payne he was being arrested or, that he had warrant for child

support. Two officers rushed Mr. Payne and attempted to grab his arms.

55. This was a discretionary arrest.

56. According to Eugene Police Department Policy officers could, if they believed

10 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
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Mr. Payne was a danger to himself or others, place him on mental health hold.

57. This was known to officers as they had done this a few years prior with Mr.

Payne when he experienced a similar mental health crisis.

58. The officers were not required to arrest Mr. Payne simply because, he had an

outstanding warrant.

59. Eugene Police Department Policy “encourages officers to use sound discretion

in the enforcement of the law”.

60. The warrant was from another county for contempt of court for non-payment

of child support.

61. Eugene Police Department Policy would have allowed in the officer’s

discretion to cite Mr. Payne for his warrant, or delay arresting him until such time it would not

risk the safety of Mr. Payne, the public and/or the officers.

62. Officers did not inquire with Marion County Jail whether they even wanted Mr.

Payne arrested or held on the warrant out of their county.

63. During the COVID 19 pandemic additional guidance, practices and policies

around arrests were in place to protect the officers, the public and the jail population.

64. Local Mental Health Crises Centers were closed because of the pandemic.

65. Lane County jail was trying to limit the inmate population and number of new

inmates as much as possible.

66. Officer Solorio decided to arrest Mr. Payne and informed his fellow officers of

his intent to do so over the radio. They all immediately moved in on Mr. Payne.

67. Mr. Payne, seemingly not understanding what was happening, questioned

officers and pulled his arm away as they grabbed him.

68. Within second Office Thomas tazed Mr. Payne, with no audible warning.

69. The officers pulled Mr. Payne to the ground.

11 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

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70. Officers can be heard telling Mr. Payne not to resist.

71. Mr. Payne can be heard saying he is not resisting, asking for help and telling

them that he cannot breath.

72. At one point officers recognize he is unable to breath as one of them directs the

others to roll him on his side to give him a chance to breath.

73. At another point Mr. Payne becomes tangled in the tazer wires.

74. Throughout the encounter Officer Thomas tazed Mr. Payne multiple times from

a very close range.

75. At least one of the times Mr. Payne was tazed he appears to be compliant and

already restrained.

76. Officers moved Mr. Payne to a police cruiser. During the short walk and after

only a few steps, Landon Payne begs the officer to stop walking him so he can breath. At one

point, Landon Payne begins to collapse and the officer directs him to stand up.

77. Mr. Payne was pale, sweating profusely and making unintelligible, yells,

screams, groans and gasps.

78. Officers called for EMTs to come to evaluate Mr. Payne to medically clear him

for transport to the jail.

79. Sergeant Griesel arrived to investigate Officer Thomas’ use of force.

80. Sergeant Griesel was aware of Mr. Payne’s mental health history as he had been

involved the previous encounter with Mr. Payne and joked on this occasion about tazing him in

the previous encounter.

81. Upon information and belief, Eugene Police Department Policy requires that

arrestees be medically cleared after they have been tazed prior to transport to the jail.

82. Mr. Payne begged for water as he waited for the medics.

83. A CAHOOTS employee questioned the officers about having whether they

called medics to come out to sedate Mr. Payne or to just check him out.

12 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
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84. In response Sergeant Griesel, stated “I want to check on him he’s kind of…”

85. Another officer continually offered Mr. Payne water while they all waited for

the medics.

86. Everyone appeared to recognize there was reason to be concerned for Mr.

Payne’s health.

. 87. Medics arrived but, were unable to obtain vitals from Mr. Payne.

88. The EPD officers all wrote in their reports that Mr. Payne was medically cleared

however, vitals were never obtained by medics.

89. Multiple people including Mrs. Payne and the Cahoots employees all

questioned whether officers were going to have Mr. Payne properly medically evaluated before

transporting him to the jail.

90. A proper evaluation never occurred.

91. Officer Solorio told Sergeant Griesel he was not intending to charge Landon

Payne with Resisting Arrest. Sergeant Griesel responded that he should charge Mr. Payne

because of the use of force by Officer Thomas in using his tazer.

92. Officer Solorio transported Mr. Payne to the Lane County Jail. Mr. Payne can

be heard grunting, repeating no and gasping throughout the ride. Mr. Payne was seated in the

cruiser and did not seem to be combative, thrashing, kicking or moving much.

93. During the transport Officer Solorio mad a phone call in nature telling someone

he was going to be late and unavailable for a bit as he was headed to the jail.

Arriving to the Jail

94. Officer Solorio arrived at the Lane County jail at 11:01 p.m. with Landon Payne

in the back still grunting and gasping.

95. This was the first night policies at the jail had changed regarding screening at

the jail related to the COVID 19 pandemic.

13 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

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96. Despite Mr. Payne’s demeanor during the drive, Officer Solorio had informed

the jail prior to his arrival he was bringing in a “combative subject”.

97. Officer Solorio exited his vehicle and told the deputies that a tazer was

deployed, and Mr. Payne was being brought in on resisting arrest and a warrant. He did not

inform them of Mr. Payne’s mental health crisis past or present or, that he had not received a

medical evaluation or clearance yet.

98. Deputy Baulerlen leaned into the vehicle and attempted to ask Mr. Payne some

questions, to which Mr. Payne continued to grunt and the deputy informed the others that Payne

was not even acknowledging him.

99. Deputy Lance Jester then informed Officer Solorio that Marion County did not

want Mr. Payne held on their warrant.

100. Officer Solorio still insisted that Mr. Payne be booked into the jail on the

resisting arrest charge because, if not he would just have to deal with him again.

101. “Sorry to do this to you guys” Solorio said, “at the end of the day, we’re going

to get a call back, and we’re going to have to do kind of the same thing again”.

102. Officer Solorio never acknowledged, he could have chosen the hospital instead

of the jail or chosen not to cite Mr. Payne instead of arresting him at all.

103. The deputy agreed the jail would take Mr. Payne but, informed Officer Solorio

he may be released from the jail anyway and end up back out.

104. Ignoring the fact that even department policy gave him other options, Officer

Solorio told the deputy “we didn’t have another option, either.”

105. One deputy pointed a taser at Mr. Payne as multiple other deputies removed

Mr. Payne from the vehicle.

106. As many as seven or eight deputies were involved in removing Mr. Payne who

was not actively resisting. Mr. Payne did continue his unintelligible grunting and moaning and

at times yelling.

14 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
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107. The deputies placed Mr. Payne on the ground and shackled his legs. His arms

were already restrained.

108. Deputies placed Mr. Payne face down on the ground.

109. Multiple deputies placed weight and kneeled on Mr. Payne who was still not

resisting. One Deputy kneeled on Mr. Payne’s upper back.

110. Mr. Payne grunted and tried to lift his head, which was pushed back down by a

deputy into the concrete.

111. Mr. Payne informed the deputies kneeling on him, “I cannot breath”. Those

would be the last words ever spoken by Landon Jay Payne.

112. Two minutes after deputies had placed Mr. Payne face down in the concrete

and knelled upon him, the realized he had become unconscious.

113. Deputies rolled him on his side and discovered his face and lips were blue and

began CPR.

114. EMTs were called and arrived minutes later. EMTs took over CPR and

continued until they arrived at Riverbend hospital.

115. A little over an hour and half after officers had left her home with her husband

in hand cuffs, Mrs. Payne received a call that her husband “collapsed at book-in, was given CPR

and was now in the ICU at Riverbend hospital.”

116. Officer Solorio wrote in his report that he was unable to book Mr. Payne into

the jail due to his condition. He also wrote that Mr. Payne was treated for any injury or medical

condition was in stable condition and he served him citations.

117. Those citations were served not to man in stable condition but one who was

unconscious and brain dead in the ICU.

118. With the service of those citations, Mr. Payne was officially released from

Officer Solorio’s custody.

15 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

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119. Landon Payne’s wife rushed to the hospital and was given the news of her

husband’s condition.

120. Landon Jay Payne was removed from life support and died in the Riverbend

ICU on March 30, 2020.

121. An autopsy was performed and the injury causing his death was described as

decedent “became unresponsive during restraint by law enforcement.”

122. The cause of death pending a toxicology screening was determined to be

anorexic encephalopathy.

123. The second cause of death was determined to be cardiopulmonary arrest during

restraint by law enforcement.

124. The manner of death was undetermined.

FIRST CLAIM FOR RELIEF

Civil Rights Claim – 8th and/or 14th Amendments – 42 USC § 1983

(Against Defendants Jairo Solorio, Andrew Roberts, Jacob Thomas and Robert Griesel of
The City of Eugene)

125. Plaintiff realleges and incorporates herein as though set forth in full paragraphs

1 through 124, above.

126. Defendants JAIRO SOLORIO, ANDREW ROBERTS, JACOB THOMAS and

ROBERT GRIESEL were deliberately indifferent to Landon Payne’s rights under the Eighth

and/or Fourteenth Amendments of the U.S. Constitution in one or more of the following ways:

a. In failing to provide Landon Payne with prompt medical

attention for his serious medical needs;

b. In failing to recognize the serious medical situation

Landon Payne was in;

c. In failing to properly treat Landon Payne’s serious

16 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 17 of 28

medical needs;

d. In failing to take Landon Payne to a hospital for diagnosis

and treatment rather than the Lane County Jail for book

in;

e. In failing to ensure a proper health screening occurred

before transfer to the Lane County Jail;

f. In failing to transport to the local hospital for a proper

medical clearance when an EMT team was unable to

assess Landon Payne’s vitals; and

g. In failing to ensure a proper medical evaluation occurred

after a taser was used on Landon Payne.

127. As a direct result of the actions and inactions of defendants as set forth in

paragraph 1-124, above, Landon Payne endured and suffered severe physical and emotional

distress, his medical condition was e i t h e r c a u s e d o r exacerbated by the action of these

defendants Landon Payne’s family has been denied his love, society and companionship.

Landon Payne’s estate incurred expenses for medical services, burial services and memorial

services. Landon Payne’s estate and her family are entitled to compensatory damages in

whatever amount the jury concludes is appropriate.

128. The actions of defendants JAIRO SOLORIO, ANDREW ROBERTS, JACOB

THOMAS and ROBERT GRIESEL were recklessly indifferent to the civil rights of Christina

Ryan, and callously disregarded Landon Payne’s physical safety, and punitive damages should

be awarded in whatever amount the jury concludes is appropriate.

129. Plaintiff is entitled to necessary and reasonable attorney fees and costs

incurred in the prosecution of this action.

17 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 18 of 28

SECOND CLAIM FOR RELIEF

Civil Rights Claim – 8th and/or 14th Amendments – 42 USC § 1983

(Against Defendants Justin Wilson, Kimberly Fulton, Emma Edwards, Colter Gawith,
Nathan Gent, Michael Baeuerlen, Stephen Foley, Joseph Fisher, Jeremy Fifer, William
McClure, Lance Jester, Clint Riley and Deputy C. Santini of Lane County Sherriff’s
Department)

130. Plaintiff realleges and incorporates herein as though set forth in full

paragraphs 1 through 124, above.

131. Defendants Justin Wilson, Kimberly Fulton, Emma Edwards, Colter Gawith,

Nathan Gent, Michael Baeuerlen, Stephen Foley, Joseph Fisher, Jeremy Fifer, William

McClure, Lance Jester, Clint Riley and Deputy C. Santini were deliberately indifferent to

Landon Payne’s rights under the Eighth and/or Fourteenth Amendments of the U.S.

Constitution in one or more of the following ways:

a. In failing to provide Landon Payne with prompt medical attention

for his serious medical needs;

b. In failing to recognize the serious medical situation Landon

Payne was in;

c. In failing to properly treat Landon Payne’s serious medical needs;

d. In failing to refuse to intake Landon Jay Payne and demand

Eugene Police transfer Landon Payne from the Lane County Jail

to a hospital for diagnosis and treatment prior to entry into the

Lane County Jail.

132. As a direct result of the actions and inactions of defendants as set forth in

paragraph 1-124, above, Landon Payne endured and suffered severe physical and emotional

distress, his medical condition was e i t h e r c a u s e d o r exacerbated by the action of these

defendants. Landon Payne’s family has been denied his love, society and companionship.

Landon Payne’s estate incurred expenses for medical services, burial services and memorial

services. Landon Payne’s estate and her family are entitled to compensatory damages in
18 COMPLAINT LAW OFFICE OF WILLOW HILLMAN
44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 19 of 28

whatever amount the jury concludes is appropriate.

133. The actions of defendants Justin Wilson, Kimberly Fulton, Emma Edwards,

Colter Gawith, Nathan Gent, Michael Baeuerlen, Stephen Foley, Joseph Fisher, Jeremy Fifer,

William McClure, Lance Jester, Clint Riley and Deputy C. Santini were recklessly indifferent

to the civil rights of Landon Payne, and callously disregarded Landon Payne’s physical safety,

and punitive damages should be awarded in whatever amount the jury concludes is

appropriate.

134. Plaintiff is entitled to necessary and reasonable attorney fees and costs

incurred in the prosecution of this action.

THIRD CLAIM FOR RELIEF

Civil Rights Claim – 4th, 8th and/or 14th Amendments – 42 USC § 1983

Monell Claims Against City of Eugene

135. Plaintiff realleges and incorporates herein as though set forth in full

paragraphs 1 through 124, above.

136. Prior to March 20, 2020 defendant City of Eugene developed and maintained

polices or customs exhibiting deliberate indifference to the constitutional rights of people to

whom their employees would interact with and respond to, which caused the violation of

Landon Payne’s rights.

137. It was the policy and/or custom of defendant city of Eugene to inadequately

supervise and train its officers, including defendants, thereby failing to adequately hinder further

constitutional violations on the part of its employees. City of Eugene did not require adequate

training or retraining for officers who have engaged in misconduct.

138. As described above, one or more of the City of Eugene’s policies, official

well-established practices, or acts caused the violation of Landon Payne’s right to be free from

19 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 20 of 28

excessive physical force and his resulting injures, as guaranteed by the Fourth Amendment to

the United States Constitution, he’s right to be free from excessive use of force.

139. The moving forces that resulted in the deprivation of the Eighth and/or

Fourteenth Amendment rights of Landon Payne were the following policies, customs or

practices of the City of Eugene through the Eugene Police Department:

a. A policy, custom or practice of providing insufficient medical and

mental health assessments;

b. A policy, custom or practice of denying people in medical and

mental health crisis medically necessary transfers to hospitals;

c. A policy custom or practice of not following their own written

policies regarding training in how to handle and deescalate mental

health crisis situations;

d. A policy, custom or practice of failing to respond properly to the

serious medical needs of arrestees and/or inmates;

e. A policy, custom or practice of failing to respond properly to

inmates experiencing drug or alcohol overdose or withdrawal;

f. A policy, custom or practice of failing to meet widely accepted

community standards of care with regard to medical services for

jail inmates; and

g. A policy, custom or practice of failing to properly investigate use

of force and deaths of arrestees and to properly respond to the

results of those investigations.

140. The policies of defendants City of Eugene posed a substantial risk of causing

substantial harm to arrestees and individuals suffering mental health and serious medical

emergencies, and the City of Eugene was aware of the risk.

20 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 21 of 28

141. As a direct result of the policies, customs or practices of The City of Eugene,

Landon Payne was unnecessarily arrested, not provided with timely medical care, excessive

use of force was used against him. As a direct resultof the policies, customs or practices the

City of Eugene, Landon Payne endured and suffered severe physical and emotional distress,

and his medical condition was either caused by or exacerbated by the actions of the officers

as a result of these polices, practices or customs. Landon Payne’s family has been denied his

love, society and companionship. Landon Payne’s estate incurred expenses for medical

services, burial services and memorial services. Landon Payne’s estate and his family are

entitled to compensatory damages in whatever amount the jury concludes is appropriate.

142. The actions of defendant City of Eugene were recklessly indifferent to the

civil rights of Landon Payne, and callously disregarded Landon Payne’s physical safety and

emotional state, and punitive damages should be awarded in whatever amount the jury

concludes is appropriate.

143. Plaintiff is entitled to necessary and reasonable attorney fees and costs

incurred in the prosecution of this action.

FOURTH CLAIM FOR RELIEF

Civil Rights Claim – 4th, 8th and/or 14th Amendments – 42 USC § 1983

Monell Claims Against Lane County

144. Plaintiff realleges and incorporates herein as though set forth in full

paragraphs 1 through 124, above.

145. Prior to March 20, 2020 defendant Lane County developed and maintained

polices or customs exhibiting deliberate indifference to the constitutional rights of people to

whom their employees would interact with and respond to, which caused the violation of Landon

Payne’s rights.

21 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 22 of 28

146. It was the policy and/or custom of defendant Lane County to inadequately

supervise and train its corrections officers, including defendants, thereby failing to adequately

hinder further constitutional violations on the part of its employees. Lane County did not require

adequate training or retraining for officers who have engaged in misconduct.

147. As described above, one or more of Lane County’s policies, official well-

established practices, or acts caused the violation of Landon Payne’s right to be free from

excessive physical force and his resulting injures, and death, as guaranteed by the Fourth

Amendment to the United States Constitution, he’s right to be free from excessive use of force.

148. The moving forces that resulted in the deprivation of the Eighth and/or

Fourteenth Amendment rights of Landon Payne were the following policies, customs or practices

of the Lane County:

a. A policy, custom or practice of providing insufficient medical and

mental health assessments;

b. A policy, custom or practice of denying people in medical and

mental health crisis medically necessary transfers to hospitals;

c. A policy, custom or practice of failing to respond properly to the

serious medical needs of arrestees and/or inmates;

d. A policy, custom or practice of failing to respond properly to

inmates experiencing drug or alcohol overdose or withdrawal;

e. A policy, custom or practice of kneeling on restrained inmates

and/or arrestees;

f. A policy, custom or practice of not refusing to book in arrestees in

severe mental crisis or medical crisis without a proper medical

evaluation first;

22 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 23 of 28

g. A policy, custom or practice of failing to meet widely accepted

community standards of care with regard to medical services for

jail inmates and or arrestees; and

h. A policy, custom or practice of failing to properly investigate use

of force and deaths of arrestees and to properly respond to the

results of those investigations.

149. The policies of defendant Lane County posed a substantial risk of causing

substantial harm to arrestees and individuals suffering mental health and serious medical

emergencies, and Lane County was aware of the risk.

150. As a direct result of the policies, customs or practices of Lane County, Landon

Payne was unnecessarily arrested, not provided with timely medical care and an excessive use

of force was used against him. As a direct result of the policies, customs or practices the City

of Eugene, Landon Payne endured and suffered severe physical and emotional distress, and

his medical condition was either caused by or exacerbated by the actions of the officers as a

result of these polices, practices or customs. Landon Payne’s family has been denied his love,

society and companionship. Landon Payne’s estate incurred expenses for medical services,

burial services and memorial services. Landon Payne’s estate and his family are entitled to

compensatory damages in whatever amount the jury concludes is appropriate.

151. The actions of defendant Lane County were recklessly indifferent to the civil

rights of Landon Payne, and callously disregarded Landon Payne’s physical safety and

emotional state, and punitive damages should be awarded in whatever amount the jury

concludes is appropriate.

152. Plaintiff is entitled to necessary and reasonable attorney fees and costs

incurred in the prosecution of this action.

23 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 24 of 28

FIFTH CLAIM FOR RELIEF

(42 USC §1983 – Fourth Amendment Violation – Excessive Force - Against Defendants
Jairo Solorio, Andrew Roberts, Jacob Thomas and Robert Griesel of The City of Eugene)

153. Paragraphs 1 through 124 are incorporated herein by reference as though fully set

forth.

154. As described above, Defendants violated Landon Payne’s right not be subjected

to excessive physical force, as guaranteed by the Fourth Amendment to the United States

Constitution, which caused Landon Payne injuries.

155. As a result of the above, Plaintiff is entitled to economic and non-economic

damages against defendants in amounts to be determined at trial.

156. Plaintiff should be awarded her attorney fees and litigation expenses/costs against

defendants pursuant to 42 USC §1988.

SIXTH CLAIM FOR RELIEF

(42 USC §1983 – Fourth Amendment Violation – Excessive Force - Against Defendants
Justin Wilson, Kimberly Fulton, Emma Edwards, Colter Gawith, Nathan Gent, Michael
Baeuerlen, Stephen Foley, Joseph Fisher, Jeremy Fifer, William McClure, Lance Jester,
Clint Riley and Deputy C. Santini of Lane County Sherriff’s Department)

157. Paragraphs 1 through 124 are incorporated herein by reference as though fully set

forth.

158. As described above, Defendants violated Landon Payne’s right not be subjected

to excessive physical force, as guaranteed by the Fourth Amendment to the United States

Constitution, which caused Landon Payne injuries.

159. As a result of the above, Plaintiff is entitled to economic and non-economic

damages against defendants in amounts to be determined at trial.

160. Plaintiff should be awarded her attorney fees and litigation expenses/costs against

defendants pursuant to 42 USC §1988.

SEVENTH CLAIM FOR RELIEF

(State Law Claim – Battery - (Against Defendants Jairo Solorio, Andrew Roberts, Jacob
Thomas and Robert Griesel of The City of Eugene)
24 COMPLAINT LAW OFFICE OF WILLOW HILLMAN
44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 25 of 28

161. Paragraphs 1 through 124 are incorporated herein by reference as though fully set

forth.

162. Defendants engaged in harmful or offensive contact with Landon Payne, and

were acting in the course and scope of their employment when they did so.

163. Defendant City of Eugene is responsible for the tortious conduct of their

employees, which caused the injuries to Mr. Payne.

164. As a result of this battery, Mr. Payne suffered damages as described above.

165. As a result of the above, Mr. Payne’s estate is entitled to economic and non-

economic damages against defendants in amounts to be determined at trial.

166. Plaintiff should be awarded her costs, including expert fees against defendants.

EIGHTH CLAIM FOR RELIEF

(State Law Claim – Battery - Against Defendants Justin Wilson, Kimberly Fulton, Emma
Edwards, Colter Gawith, Nathan Gent, Michael Baeuerlen, Stephen Foley, Joseph Fisher,
Jeremy Fifer, William McClure, Lance Jester, Clint Riley and Deputy C. Santini of Lane
County Sherriff’s Department)

167. Paragraphs 1 through 124 are incorporated herein by reference as though fully set

forth.

168. Defendants engaged in harmful or offensive contact with Landon Payne, and

were acting in the course and scope of their employment when they did so.

169. Defendant Lane County is responsible for the tortious conduct of their

employees, which caused the injuries to Mr. Payne.

170. As a result of this battery, Mr. Payne suffered damages as described above.

171. As a result of the above, Mr. Payne’s estate is entitled to economic and non-

economic damages against defendants in amounts to be determined at trial.

172. Plaintiff should be awarded her costs, including expert fees against defendants.

NINTH CLAIM FOR RELIEF

25 COMPLAINT LAW OFFICE OF WILLOW HILLMAN
44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 26 of 28

(Negligence - Against All Defendants)

173. Paragraphs 1 through 37 are incorporated herein by reference as though fully set

forth.

174. Defendants’ actions as alleged above violated the standard of care required of

law enforcement, including dispatchers under the circumstances.

175. Defendants’ actions created an unreasonable and foreseeable risk of injury to Mr.

Payne.

176. As a result of the above, Plaintiff is entitled to an award of economic and non-

economic damages against defendants, in amounts to be determined at trial.

177. Plaintiff should be awarded her costs, including expert fees against defendants.

TENTH CLAIM FOR RELIEF

(Intentional Infliction of Emotional Distress - Against All Defendants)

178. Paragraphs 1 through 37 are incorporated herein by reference as though fully set

forth.

179. Defendants intentionally and/or with reckless disregard inflicted severe

emotional distress on Landon Jay Payne, as described above.

180. As described above, Defendants’ acts constituted an extraordinary transgression

of the bounds of socially tolerable conduct.

181. As a result of the above, Defendants caused Landon Payne severe emotional

distress.

182. As a result of the above, plaintiff is entitled to an award of economic and non-

economic damages against defendants, in amounts to be determined at trial.

183. Plaintiff should be awarded his costs, including expert fees against City of

Eugene.

26 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 27 of 28

ELEVENTH CLAIM FOR RELIEF

Civil Rights Claim – 4th, 8th and/or 14th Amendments – 42 USC § 1983

Supervisory Liability

184. Plaintiff realleges and incorporates herein as though set forth in full paragraphs

1 through 124, above.

185. Defendants Griesel and Riley, in their supervisory capacities, were aware of the

policies, customs or practices as alleged, above, and were aware that said policies, customs or

practices created a substantial risk of causing substantial harm to arrestees and inmates by

endangering their physical safety and their medical and mental health needs. Despite their

knowledge, said supervisors allowed approved of and ratified said policies, customs, or practices.

186. Defendants Griesel and Riley, in their supervisorycapacities, failed to adequately

train City of Eugene and Lane County employees.

187. Defendants Griesel and Riley were aware that the failure to train set forth,

above, created a substantial risk of causing harm to arrestees and/or inmates.

188. As a direct result of the actions and inactions of Defendants Griesel and Riley,

Landon Payne endured and suffered severe physical and emotional distress, his medical condition

was caused and/or exacerbated by, and he died as a result. Landon Payne’s family has been denied

his love, society and companionship. Landon Payne’s estate incurred expenses for medical

services, burial services and memorial services. Landon Payne’s estate and his family are

entitled to compensatory damages in whatever amount the jury concludes is appropriate.

189. The actions of Defendants Griesel and Riley were recklessly indifferent to the

civil rights of Landon Payne, and callously disregarded Landon Payne’s physical safety, and

punitive damages should be awarded in whatever amount the jury concludes is appropriate.

190. Plaintiff is entitled to necessary and reasonable attorney fees and costs

incurred in the prosecution of this action.

27 COMPLAINT LAW OFFICE OF WILLOW HILLMAN

44 BROADWAY, SUITE 222 – EUGENE, OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152

 Case 6:22-cv-00471-MC Document 1 Filed 03/27/22 Page 28 of 28

WHEREFORE, plaintiff prays for relief from this court as follows:

1. Assume jurisdiction in this matter over plaintiff’s claims;

2. Award plaintiff’s economic and non-economic damages against defendants in

amounts to be determined at trial in accordance with the allegations set forth above;

3. Award plaintiff his attorney fees and litigation expenses/costs against defendants in

accordance with the allegations set forth above; and

4. Grant such other relief as may be just and proper.

DATED this 27th day of March 2022.

LAW OFFICE OF WILLOW HILLMAN, LLC

_____________________________________

Willow Hillman OSB #153514

Attorney for Plaintiff
willow@willowhillmanlaw.com

PLAINTIFF DEMANDS A JURY TRIAL.

LAW OFFICE OF WILLOW HILLMAN, LLC

_____________________________________

Willow Hillman OSB #153514

Attorney for Plaintiff
willow@willowhillmanlaw.com
28 COMPLAINT LAW OFFICE OF WILLOW HILLMAN
44 BROADWAY, SUITE 222 – EUGENE< OR 97401

Phone: (541) 735-3678 Fax: (541) 485-7152
 Case 6:22-cv-00471-MCCIVIL
JS 44 (Rev . 04/21) Document
COVER 1-1
SHEETFiled 03/27/22 Page 1 of 2
The JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and 1crvicc of p~cadin~s or other papen 81 required by law, exocpt 85
provided by local rules of court. Thi, fonn, approved by tho Judicial Conference of tho United State, in September 1974, 11 required for the use of the Clerk of Court fer the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
L (a) PLAINTIFFS DEFENDANTS
ANZHELIKA PAYNE, personal representative to the See Attachment
ElltRtA of LANDON JAY PAYNE
(b) County of Residence of First Listed Plaintiff LANE COUNTY OR County of Residence of First Listed Defendant Lane County OR
(EXCEPT IN U.S. Pl.A/NT/FF CASES) (IN U.S. PlAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES. USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Finn Nam,, Addms. andT,l,phon, Number) Attorney, (I/Known)
Law Office of WIiow Hillman (541) 735-3678 Ben Miller and Stephen Dingle
44 Broadway, Ste 222 Eugene, OR 97401
Il. BASIS OF JURISDICTION (Ploc, an "X" in On, Bax Only) Ill. CITIZENSHIP OF PRINCIPALPARTIES(Ploc,.,, ''X"inOneBaxforPloinJiff
(For Diversity Ca.Ju Only) and One Bux/or Defendant)
DI U.S. Government (!]3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State [!] 1 [!] Incorporated or Principal Place D4 4 0
of Business In This State
0 2 U.S. Government 04 Diversity Citiz.en of Another State D2 D 2 Incorporated ond Principal Place D 5 0 5
Defendant (Indicate Citizenship ofParties in Item III) of Business In Another State

Citizen or Subject of a Foreign Nation 06 06

Forei n Coun
IV. NATURE OF SUIT (Place an "X"inOn,BarOn i
CONTRACT TORTS FORFEITURE/PENALTY
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug R<latcd Scimrc 375 False Claims Act
120 Marine 310Aiiplan, 0 365 Personal Injury - of Property 21 use 881 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 3729(a))
140 Negotiable Instrument Liability 0 367 Health Dr,e/ t--=====,---r7 400 State Reapportiornnent
150 Recovery of Overpayment 320 A=ul~ Libel & Phann aceutical
& Enforcement of Judgm ent Slander Personal Injury 1::::---~-----t--1 410 Antitrust
430Banband Banking

B 151 Medicare Act

152 Recovery ofDefault<d
Student Loans
330 Federal Employer,'
Liability
340Marinc
0
Product Liability
368 Asbestos Pe=al
Injury Product
835 Patent -Abbreviated
450 Commerce
460 Deportation
470 Racketeer Influenced and
(Excludes Vetenins) Liability COJTI.Jpt Organizations
0153 Recovery of Overpayment
of Veteran's Benefits
0160 Stockholders' Suit,
Liability
350 Motor Vehicle
355 Motor Vehicle
BPERSONAL PROPERTY ~~~~~~=~I..~A::1DO~~R:;:~:::tj
370 Other Fraud
371 Truth in Lending
480 Consumer Credit
(15 USC 1681 or 1692)
485 Telephone Consumer

§ 190 Other Contract

195 Conlract Product Liability
196 Franchise
Product Liability
360 Other Personal
Injury
362 Penonal Injury -
O
O
380 Other Pe=nal
Property Damage
385 Property Damage
Product Liability
Relation.,
740 Railway Labor Act
751 Family and Medical
Protection Act
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
Medjcal Malpractice Leave Act 890 Other Statutory Actions
~~~~~REAI..~;~gPR£~0~P~E~RT;r~===~:;;~clVIL~~~~RI~Gg~~s~;;:~~~~E~~~~~~~~~£E!:~~790
210 Land Condemnation
Other Labor Litigation
791 Employee Retirement
89 I Agricultural Act,
893 Environmental Matters
220 Foreclosure Income Security Act 895 Freedom oflnformation
230 Rent Lease & Ejoctment Act
240 TOrts to Land 896 Arbitration
245 Ton Product Liability 899 Administrative Procedure
290 All Other R<al Property Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

Confinement
V. ORIGIN (Ploc,on ''X"inOn,BoxOnly)
!!] I Original O2 Removed from 03 Remanded from D4 Reinstated or O 5 Transferred from D 6 Multidistrict 0 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer DircotFile
Cite the U.S. Civil Statute under which you arc filing (Do not dtt)url.sdi.ctional staJutts unku di.vusity):
42 1983
VI. CAUSE OF ACTION l-'":cu::.csc.cc-'-"-:-"-, - - - : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Brief description of cause:
Civil Rights
VIL REQUESTED IN 0 CHECK IF THIS JS A CLASS ACTION DEMANDS CHECK YES only if demanded in oomplaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: !!)Ye, ONo
vm. RELATED CASE(S)
IF ANY (Se, tnstrucffons):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
3/20/2022
FOR OFJilCE USE ONLY

RECEIPT# AMOUNT APPL YING IFP JUDGE MAG. JUDGE

Case 6:22-cv-00471-MC Document 1-1 Filed 03/27/22 Page 2 of 2

ATTACHMENT TO JS 44

Defendants

JAIRO SOLORIO, an individual,

ANDREW ROBERTS, an individual,
JACOB 1HOMAS, an individual,
ROBERT GRIESEL, an individual,
JUSTIN WILSON, an individual,
KIMBERLY FULTON, an individual,
EMMA EDWARDS, an individual,
COLTER GAWilli, an individual,
NA1HAN GENT, an individual,
MICHAEL BAEUERLEN, an individual,
STEPHEN FOLEY, an individual,
JOSEPH FISHER, an individual,
JEREMY FIFER, an individual,
WILLIAM MCCLURE, an individual,
LANCE JESTER, an individual,
CLINT RILEY, an individual, C. SANTINI, an individual,
LANE COUN1Y and CITY OF EUGENE, a municipal
corporation.

Attorneys

Ben Miller, OSB #074690

BMiller@eugene-or.gov
Eugene City Attorney's Office
101 W. 10th Avenue, Suite 203
Eugene, OR 97401
Telephone: (541) 682-8447
Facsimile: (541) 682-5414

Stephen Dingle
Lane County Legal Counsel
125 East 8th Avenue
Eugene, OR 97401
Telephone: (541) 682-4442
Fax (541) 682-3803