8/31/2020 7:59 PM
20CV30113
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IN THE CIRCUIT COURT FOR THE STATE OF OREGON

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FOR MULTNOMAH COUNTY

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Case No.

MEG MCLAIN

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COMPLAINT

Plaintiff

Assault & Battery & IIED

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vs

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Not Subject to Mandatory Arbitration
Amount in Controversy: $250,000
Fee Authority: ORS 21.160(1)(c)
Jury Trial Requested

ALAN SWINNEY

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Defendant

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FACTUAL ALLEGATIONS

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On August 22, 2020 at approximately 12:45 pm while plaintiff was peacefully
observing a Trump rally in the park outside the Justice Center in downtown

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Portland, defendant opened fire on plaintiff and intentionally shot her in the chest

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with a paintball, causing her pain, discomfort, distress and interference with daily

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life activities.

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COMPLAINT – Page 1 of 6

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Plaintiff reported the shooting to the Portland Police. Defendant later
admitted to shooting plaintiff on social media, and stated his intent to evade

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prosecution. Defendant has a history as an irresponsible gun owner who travels to

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Oregon to organize substantial and purposefully violent rallies and events, and has

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minimum contacts in Oregon so that this Court’s exercise of jurisdiction over him

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constitutes fair play and substantial justice.

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COMPLAINT – Page 2 of 6

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CLAIMS FOR RELIEF

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Claim One – Assault

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As alleged in this complaint, defendant intentionally attempted to engage in

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harmful or offensive contact with plaintiff, and had the present ability to carry the

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intention into effect, causing plaintiff pain, discomfort, distress and interference

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with daily life activities. As a result, plaintiff requests fair compensation in an

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amount determined by the jury to be fair, not to exceed $250,000. Plaintiff reserves

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the right to amend this complaint to adjust the request for compensation to conform

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to the evidence as well as to add additional defendants and new claims, including a

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claim for punitive damages, as new information is learned in discovery, and attorney
fees, costs, and disbursements.

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COMPLAINT – Page 3 of 6

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Claim Two – Battery
As alleged in this complaint, defendant intentionally attempted to and did in

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fact act to cause harmful or offensive contact with plaintiff, causing plaintiff pain,

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discomfort, distress and interference with daily life activities. As a result, plaintiff

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requests fair compensation in an amount determined by the jury to be fair, not to

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exceed $250,000. Plaintiff reserves the right to amend this complaint to adjust the

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request for compensation to conform to the evidence as well as to add additional

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defendants and new claims, including a claim for punitive damages, as new

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information is learned in discover, and attorney fees, costs, and disbursements.

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COMPLAINT – Page 4 of 6

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Claim Three – Intentional Infliction of Emotional Distress
As alleged in this complaint, defendant’s behavior was intended to inflict

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severe emotional distress on plaintiff, and severe distress was certain or

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substantially certain to result from defendant’s behavior. Defendant’s intentional,

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outrageous and extreme behavior was an extraordinary transgression of the bounds

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of socially tolerable conduct and exceeded any reasonable limit of social toleration,

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and caused plaintiff to experience extreme pain, discomfort, distress and

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interference with daily life activities. As a result, plaintiff requests fair

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compensation in an amount determined by the jury to be fair, not to exceed $250,000.

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Plaintiff reserves the right to amend this complaint to adjust the request for

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compensation to conform to the evidence as well as to add additional defendants and

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new claims, including a claim for punitive damages, as new information is learned

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in discovery, and attorney fees, costs, and disbursements.

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REQUEST FOR JURY TRIAL
Plaintiff respectfully requests a trial by a jury.

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COMPLAINT – Page 5 of 6

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PRAYER FOR RELIEF
Plaintiff respectfully requests relief as sought above, and maximum interest,

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and any other relief the Court deems appropriate.

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August 31, 2020
RESPECTFULLY FILED,

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/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

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Kelly Jones, OSB No. 074217
Of Attorneys for Plaintiff
The Law Office of Kelly Jones
kellydonovanjones@gmail.com

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COMPLAINT – Page 6 of 6