8/29/2019 7:09 AM 19CV37823 1 2 3 4 IN THE CIRCUIT COURT FOR THE STATE OF OREGON 5 FOR MULTNOMAH COUNTY 6 7 8 9 PATRICIA ANSELMO as personal representative for the estate of Jeffrey Buckmeyer Case No. COMPLAINT 10 Plaintiff 11 12 vs 13 TARGET CORPORATION JOHN DOE #1 JOHN DOE #2 14 15 16 Defendants Negligence False Arrest IIED Filing Fee Authority: ORS 21.160(1)(d) Not Subject to Mandatory Arbitration Amount in Controversy: $1 million Jury Trial Requested 17 18 FACTUAL ALLEGATIONS 19 1. 20 21 On April 22, 2019 Jeffrey Buckmeyer (“plaintiff”) died of a heart attack. Prior 22 to his death, plaintiff was a citizen of Oregon. Defendant Target Corporation is a 23 Minnesota corporation with its principal place of business in Minnesota. Target 24 25 Corporation maintains regular and sustained business in Multnomah County and 26 maintained ownership and control over its store at 9009 SW Hall Blvd. in Tigard, 27 Oregon. John Doe #1 is a citizen of Oregon and an employee of Target Corporation. 28 John Doe #2 is a citizen of Oregon and an employee of Target Corporation. COMPLAINT – Page 1 of 10 1 2. 2 3 4 On or around July 24, 2019, defendants intentionally instigated the FBI to detain plaintiff and to search plaintiff’s home based on false information defendants 5 6 provided to law enforcement. Specifically, defendants intentionally, knowingly, and 7 falsely reported to law enforcement that defendants saw child abuse or child 8 pornography materials on plaintiff’s mobile phone. Plaintiff never had child abuse 9 10 or child pornography materials on his mobile phone. Defendants never saw child 11 abuse or child pornography materials on plaintiff’s mobile phone. Defendants knew 12 they never saw child abuse or child pornography materials on plaintiff’s mobile 13 phone. Solely as a result of defendants’ false reporting, on the morning of August 2, 14 15 2018, plaintiff was detained, handcuffed, and interrogated in the back of a police 16 vehicle by state and federal law enforcement agents. The FBI seized various 17 electronics from plaintiff and examined them over the course of several months. 18 Plaintiff’s neighbors were made aware of the search warrant and plaintiff was 19 20 limited in his ability to spend time with his own child while the FBI completed its 21 investigation. Ultimately the FBI concluded that plaintiff did not have any child 22 abuse or child pornography materials and returned plaintiff’s electronics. An 23 24 independent forensics expert reviewed plaintiff’s mobile phone and determined that 25 plaintiff did not have any child abuse or child pornography materials. Defendants’ 26 behavior as alleged in this complaint caused plaintiff severe ongoing anguish and 27 harm to his reputation. 28 COMPLAINT – Page 2 of 10 1 2 CAUSES OF ACTION 3 Claim One – Negligence against Target Corporation 4 3. 5 6 Target Corporation had a duty to properly train, hire, and supervise its 7 employees who make reports about customers to law enforcement. Target 8 Corporation knew and should have known that its failure to properly train, hire, and 9 10 supervise its employees who make reports about customers to law enforcement could 11 result in foreseeable harm to customers who were falsely accused of crimes they did 12 not commit. Target Corporation had a duty to maintain and follow adequate policies 13 pertaining to when, how, and why its employees are to make reports about customers 14 15 to law enforcement. Target Corporation knew and should have known that its failure 16 to maintain and follow adequate policies pertaining to when, how, and why its 17 employees are to make reports about customers to law enforcement could result in 18 foreseeable harm to customers who were falsely accused of crimes they did not 19 20 commit. Plaintiff’s injuries as alleged in this complaint were due in whole or in part 21 to the acts and omissions of Target Corporation, which was negligent in one or more 22 respects: 23 24 a. In failing to exercise reasonable care over its employees 25 b. In failing to properly hire its employees 26 c. In failing to properly train its employees 27 d. In failing to properly supervise its employees 28 e. In failing to adopt policies necessary to protect plaintiff from false reports COMPLAINT – Page 3 of 10 1 4. 2 3 4 Target Corporation is liable for the behavior of John Does #1 and #2 as alleged in this complaint. John Does #1 and #2’s behavior as alleged in this complaint was 5 6 in an effort to serve Target Corporation as employees or agents of Target Corporation 7 and within the scope of their employment or agency with Target Corporation. As a 8 direct result of Target Corporation’s negligent acts and omissions as alleged in this 9 10 complaint, plaintiff experienced injuries and harm, all of which were reasonably 11 foreseeable, including severe ongoing anguish and harm to his reputation. Plaintiff 12 requests fair compensation in an amount to be determined by the jury to be 13 reasonable, but not to exceed $1 million. Plaintiff also requests an order declaring 14 15 that the behavior of Target Corporation as alleged in this complaint was negligent 16 in one or more regards, costs and disbursements, and maximum pre and post 17 judgment interest. Plaintiff reserves the right to amend this complaint to adjust the 18 request for compensation as well as to add additional defendants and new claims, 19 20 including a claim for punitive damages, as new information is learned in discovery. 5. 21 22 23 24 Claim Two – Negligence against John Does #1 and #2 John Does #1 and #2 are the individual Target Corporation employees who 25 instigated the FBI to detain plaintiff and to search plaintiff’s home based on false 26 information they provided to law enforcement. John Does #1 and #2 had a duty to 27 behave professionally while at work and to use reasonable care when informing law 28 enforcement of crimes allegedly committed by Target Corporation customers. COMPLAINT – Page 4 of 10 1 6. 2 3 4 John Does #1 and #2 knew and should have known that failing to behave professionally while at work and failing to use reasonable care when informing law 5 6 enforcement of crimes allegedly committed by Target Corporation customers could 7 result in foreseeable harm to customers who were falsely accused of crimes they did 8 not commit. Plaintiff’s injuries as alleged in this complaint were due in whole or in 9 10 11 12 13 part to the acts and omissions of John Does #1 and #2, who were negligent in one or more respects: a. In failing to act reasonably towards plaintiff b. In failing to file an accurate report about plaintiff with law enforcement 14 15 c. In failing to file an honest report about plaintiff with law enforcement 16 d. In failing to refrain from unreasonably causing plaintiff distress 17 As a direct result of John Does #1 and #2’s negligent acts and omissions as 18 alleged in this complaint, plaintiff experienced injuries and harm, all of which were 19 20 reasonably foreseeable, including severe ongoing anguish and harm to his 21 reputation. Plaintiff requests fair compensation in an amount to be determined by 22 the jury to be reasonable, but not to exceed $1 million. Plaintiff also requests an 23 24 order declaring that the behavior of John Does #1 and #2 as alleged in this complaint 25 was negligent in one or more regards, costs and disbursements, and maximum pre 26 and post judgment interest. 27 28 COMPLAINT – Page 5 of 10 1 7. 2 3 4 Claim #3 – False Arrest against John Does #1 and #2 As alleged in this complaint, John Does #1 and #2 intentionally instigated the 5 6 FBI to detain plaintiff and to search plaintiff’s home based on false information they 7 provided to law enforcement. Law enforcement did in fact detain plaintiff based on 8 the false information provided by John Does #1 and #2, and plaintiff was aware of 9 10 the detention, and the detention was unlawfully instigated under the circumstances, 11 causing plaintiff injuries and harm, all of which were reasonably foreseeable, 12 including severe ongoing anguish and harm to his reputation. Plaintiff requests fair 13 compensation in an amount to be determined by the jury to be reasonable, but not 14 15 to exceed $1 million. Plaintiff also requests an order declaring that the behavior of 16 John Does #1 and #2 as alleged in this complaint constituted false arrest in one or 17 more regards, costs and disbursements, and maximum pre and post judgment 18 interest. 19 20 21 22 23 24 25 26 27 28 COMPLAINT – Page 6 of 10 1 8. 2 3 4 Claim #4 – IIED against John Does #1 and #2 John Does #1 and #2’s behavior as alleged in this complaint was intended to 5 6 inflict severe emotional distress on plaintiff, and severe distress was certain and 7 substantially certain to result from their behavior. John Does #1 and #2’s 8 intentional, outrageous and extreme decision to falsely accuse plaintiff of possessing 9 10 child abuse or child pornography materials was an extraordinary transgression of 11 the bounds of socially tolerable conduct and exceeded any reasonable limit of social 12 toleration, and caused plaintiff to suffer emotional distress. Plaintiff requests fair 13 compensation for his harm in an amount to be determined by the jury to be 14 15 reasonable, but not to exceed $1 million. Plaintiff also requests an order declaring 16 that John Does #1 and #2’s behavior as alleged in this complaint constituted 17 intentional infliction of emotional harm, costs and disbursements, and maximum pre 18 and post judgment interest. 19 20 21 22 23 24 25 26 27 28 COMPLAINT – Page 7 of 10 1 9. 2 3 4 Claim #5 – False Arrest against Target Corporation While behaving under Target Corporation’s employ as alleged in this 5 6 complaint, John Does #1 and #2 intentionally instigated the FBI to detain plaintiff 7 and to search plaintiff’s home based on false information they provided to law 8 enforcement. Law enforcement did in fact detain plaintiff based on the false 9 10 information provided by John Does #1 and #2, and plaintiff was aware of the 11 detention, and the detention was unlawfully instigated under the circumstances, 12 causing plaintiff injuries and harm, all of which were reasonably foreseeable, 13 including severe ongoing anguish and harm to his reputation. Plaintiff requests fair 14 15 compensation in an amount to be determined by the jury to be reasonable, but not 16 to exceed $1 million. Plaintiff also requests an order declaring that the behavior of 17 Target Corporation as alleged in this complaint constituted false arrest in one or 18 more regards, costs and disbursements, and maximum pre and post judgment 19 20 interest. 21 22 23 24 25 26 27 28 COMPLAINT – Page 8 of 10 1 10. 2 3 4 Claim #6 – IIED against Target Corporation While behaving under Target Corporation’s employ as alleged in this 5 6 complaint, John Does #1 and #2 intended to inflict severe emotional distress on 7 plaintiff, and severe distress was certain and substantially certain to result from 8 their behavior. John Does #1 and #2’s intentional, outrageous and extreme decision 9 10 to falsely accuse plaintiff of possessing child abuse or child pornography materials 11 was an extraordinary transgression of the bounds of socially tolerable conduct and 12 exceeded any reasonable limit of social toleration, and caused plaintiff to suffer 13 emotional distress. Plaintiff requests fair compensation for his harm in an amount 14 15 to be determined by the jury to be reasonable, but not to exceed $1 million. Plaintiff 16 also requests an order declaring that Target Corporation’s behavior as alleged in this 17 complaint constituted intentional infliction of emotional harm, costs and 18 disbursements, and maximum pre and post judgment interest. 19 11. 20 21 22 REQUEST FOR JURY TRIAL Plaintiff respectfully requests a trial by a jury. 23 24 25 26 27 28 COMPLAINT – Page 9 of 10 1 12. 2 3 4 PRAYER FOR RELIEF Plaintiff respectfully requests relief as sought in paragraphs 4 through 10, 5 6 and any other relief the Court may deem appropriate. 7 8 9 August 29, 2019 10 RESPECTFULLY FILED, 11 /s/ Michael Fuller Michael Fuller, OSB No. 09357 Lead Trial Attorney for Plaintiff OlsenDaines US Bancorp Tower 111 SW 5th Ave., Suite 3150 Portland, Oregon 97204 michael@underdoglawyer.com Direct 503-222-2000 12 13 14 15 16 17 18 Kelly D. Jones, OSB No. 074217 Of Attorneys for Plaintiff 819 SE Morrison St Ste 255 Portland, Oregon 97214 kellydonovanjones@gmail.com Phone 503-847-4329 19 20 21 22 23 24 25 26 27 28 COMPLAINT – Page 10 of 10