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IN THE CIRCUIT COURT OF THE STATE OF OREGON

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FOR THE COUNTY OF MULTNOMAH

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JERMAINE MASSEY,

)
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Plaintiff,
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v.
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DW PORTLAND LLC, a Delaware
Corporation, dba Doubletree by Hilton )
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Portland; HILTON DOMESTIC
OPERATING COMPANY INC., AN
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INCORPORATION OF DELAWARE, a )
Delaware Corporation;
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WMK PORTLAND, LLC, a Delaware
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Corporation; EARL MYERS, JR., an
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individual; and LUIS POLANCO, an
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individual.
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Defendants.

Case No.:
COMPLAINT FOR FALSE ARREST
AND RACE DISCRIMINATION
NOT SUBJECT TO MANDATORY
ARBITRATION
PRAYER: $3,000,000
ORS 21.160(1)(d) — $884.00
JURY TRIAL DEMANDED

Plaintiff demands a jury trial and alleges:
1.

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DW Portland LLC is and at all times mentioned herein has been a

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Delaware limited liability company (hereinafter “DW”) doing business as

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DoubleTree by Hilton Portland. DW owns and operates a Hilton DoubleTree

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franchise hotel located at 1000 NE Multnomah Street, Portland, Oregon,

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referred to herein as the DoubleTree Portland. DW conducts regular, sustained

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business activity in Multnomah County. DW’s principal place of business and

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nerve center are located in Multnomah County.
PAGE 1 – COMPLAINT FOR FALSE ARREST
AND RACE DISCRIMINATION

KAFOURY & McDOUGAL
411 SW Second Ave., Ste.200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

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WMK Portland LLC, is and at all times mentioned herein has been a

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Delaware corporation (hereinafter “WMK”). WMK is a Hilton franchisee

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operating the DoubleTree Portland. WMK conducts regular, sustained business

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activity in Multnomah County. WMK’s principal place of business and nerve

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center are located in Multnomah County.
3.

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Hilton Domestic Operating Company Inc., An Incorporation of Delaware,
is and at all times mentioned herein has been a Delaware corporation

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(hereinafter “Hilton”) engaged in the operation, management, and franchising of

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hotels, including the DoubleTree line of franchises. The DoubleTree Portland is

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a DoubleTree franchise hotel. Hilton owns, operates, manages, or franchises

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multiple hotels in Multnomah County, and conducts regular, sustained

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business activity in Multnomah County.
4.

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At all times mentioned herein, Earl Myers, Jr., Luis Polanco, and all

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other employees working at the DoubleTree Portland were employees, agents,

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or apparent agents of defendants.

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5.
Earl Myers, Jr., is an Oregon resident.
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On or about December 22, 2018, Jermaine Massey, an African American,
was a registered guest at the DoubleTree Portland, seated in the public lobby,
PAGE 2 – COMPLAINT FOR FALSE ARREST
AND RACE DISCRIMINATION

KAFOURY & McDOUGAL
411 SW Second Ave., Ste.200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

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speaking on his cell phone to his mother on the East Coast. Mr. Massey was

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approached by a security guard. Myers interrupted Massey’s phone call, and

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continued to interrupt the phone call, despite being told that Massey was on an

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important call on a family matter, and, despite Massey’s acknowledgment that

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he was indeed a proper guest of the hotel, Myers made a series of demands,

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including but not limited to that Massey declare what room he was in, produce

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a room key, and Myers threatened to call the police on Massey, told him that

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he was “loitering,” told him that he was a risk to the safety and security of hotel

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guests, contacted the manager on duty, Luis Polanco, and secured police

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detention and expulsion of Massey from the hotel.
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The manager, Luis Polanco, called the Portland police. The manager

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approached Mr. Massey and informed him that the police had been called and

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ordered Mr. Massey to leave the hotel. The manager and the security guard

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requested the police to enforce their order that Mr. Massey leave the hotel. The

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police enforced the order by informing Mr. Massey that he would be arrested

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for trespassing if he did not leave the hotel. The police and the security guard

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escorted Mr. Massey through the hallways and in the elevator up to his room to

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collect his belongings. They then escorted him back through the hallways and

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down the elevator, and then forced him to leave through the lobby of the hotel.

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Once the police arrived, Massey was no longer free to come and go as he

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wished, and was allowed only to move while in police escort and under police

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restraint.
PAGE 3 – COMPLAINT FOR FALSE ARREST
AND RACE DISCRIMINATION

KAFOURY & McDOUGAL
411 SW Second Ave., Ste.200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

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FOR A CLAIM OF RELIEF FOR FALSE ARREST AGAINST ALL
DEFENDANTS, Mr. Massey alleges:
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Mr. Massey realleges and incorporates by reference paragraphs 1-7,
above.
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The above-described stop and detention was intentional, Mr. Massey was
aware of his detention, and the detention was unlawful.
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As a result of the above-described detention Mr. Massey suffered,

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continues to suffer, and will in the future suffer from embarrassment,

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frustration, anger, humiliation, a sense of increased vulnerability, and feelings

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of racial stigmatization, all to his noneconomic damages in an amount to be

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determined by the jury, not to exceed $3,000,000.

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FOR A CLAIM OF RELIEF FOR RACE DISCRIMINATION AGAINST ALL
DEFENDANTS, Mr. Massey alleges:
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Mr. Massey realleges and incorporates by reference paragraphs 1-7,
above.
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The above-described DoubleTree Portland hotel is, and at all times

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mentioned herein, has been a place of public accommodation within the

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PAGE 4 – COMPLAINT FOR FALSE ARREST
AND RACE DISCRIMINATION

KAFOURY & McDOUGAL
411 SW Second Ave., Ste.200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

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meaning of ORS 659A.400. At least part of the motivation for the above-

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described conduct was Mr. Massey’s race.
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The above-described conduct violates ORS 659A.403, which prohibits

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discrimination in places of public accommodation on account of race.
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As a result of the above-described discrimination, Mr. Massey suffered,

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continues to suffer, and will in the future suffer from embarrassment,

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frustration, anger, humiliation, a sense of increased vulnerability, and feelings

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of racial stigmatization, all to his noneconomic damages in an amount to be

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determined by the jury, not to exceed $3,000,000.
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Mr. Massey is entitled to reasonable attorney fees pursuant to ORS

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659A.885.

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PAGE 5 – COMPLAINT FOR FALSE ARREST
AND RACE DISCRIMINATION

KAFOURY & McDOUGAL
411 SW Second Ave., Ste.200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

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WHEREFORE, Mr. Massey prays for judgment against defendants in an

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amount to be determined by the jury not to exceed a maximum combined

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amount of $3,000,000 in noneconomic damages, reasonable attorney fees

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

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incurred herein.
Dated: October 8, 2019.

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/s/ Gregory Kafoury

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Gregory Kafoury, OSB #741663
Kafoury@kafourymcdougal.com
Mark McDougal, OSB #890869
mcdougal@kafourymcdougal.com
Jason Kafoury, OSB #091200
jkafoury@kafourymcdougal.com
Attorneys for Plaintiff

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Plaintiff hereby provides notice of his intent to amend to include claims

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for punitive damages, in an amount to be determined by the jury, not to exceed

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$7,000,000.

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PAGE 6 – COMPLAINT FOR FALSE ARREST
AND RACE DISCRIMINATION

KAFOURY & McDOUGAL
411 SW Second Ave., Ste.200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647