Judy Danelle Snyder, OSB # 73283 E-mail: judy@idsnvder.com ...

Judy Danelle Snyder, OSB # 73283 

E-mail: judy@idsnvder.com 

Katelyn S. Oldham, OSB # 02411 

~maily katelyn@idsnvder.com 

LAW OFFICES OF JUDY SNYDER 

1000 S.W. Broadway, Suite 2400 

Portland, OR 97205 

Telephone: (503) 228-5027 

Facsimile: (503) 241 -2249 

Of Attorneys for Plaintiff 

SHERRIE CARLSON SANDAU, 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

Plaintiff, 

JOHN A. WOOD and CHRISTOPHER CASS, in 

their individual capacities as police officers for 

the Portland Police Bureau, 

COMPLAINT 

- Violations of 42 U.S.C. $ 1983 

- Supplemental State Claims 

DEMAND FOR JURY TRIAL 

Defendants. 

PRELIMINARY STATEMENT 

1. This is an action for declaratory, injunctive, and monetary relief, including punitive damages 

and attorneys' fees and costs, to redress defendants' violations of plaintiff's federally protected rights and 

state common law claims. 

JURISDICTION 

2. The court has jurisdiction of the action under 28 U.S.C. §I 331, federal question jurisdiction, 

and 28 U.S.C. $1343, civil rights jurisdiction. This court has supplemental jurisdiction of plaintiff's state 

common law claims under 28 U.S.C. €j 1367. 

PAGE 1 - COMPLAINT 


1000 S.W. BROADWAY, SUITE 2400 

PORTLAND. OREGON 97205 

(503) 228-5027 

FAX (503) 241 -2249

PARTIES 

3. Plaintiff Sherrie Carlson Sandau ("plaintiff') is a female resident of the state of Oregon. At 

ail material times herein, plaintiff was 47 years old. 

4 Defendant John A. Wood ("Wood") is an individual resident of the state of Oregon. At all 

mater~al times, Wood was a patrol officer with the Portland Police Bureau and was acting under color of 

law. 

5. Defendant Christopher Cass ("Cass") is an individual resident of the state of Oregon. At 

all material times, Cass was a patrol officer with the Portland Police Bureau and was acting under color 

sf law. 

GENERAL ALLEGATIONS 

6. On or about July 7, 2005, plaintiff's next door neighbor called and awoke plaintiff at 

approximately 1 :00 a.m. to complain about plaintiff's dog barking. Plaintiff had difficulty sleeping after this 

disturbance. 

7. Later on July 7,2005, plaintiff was painting her porch, when she fell off a ladder, which then 

struck her head. Plaintiff was disoriented and experienced a severe headache. Plaintiff spent much of 

the rest of the day sleeping. 

8. On July 8, 2005, plaintiff awoke at approximately 530 a.m. with pain and a severe 

headache. Plaintiff was disoriented and frustrated and banged her hand on her mini-blinds approximately 

eight (8) times. When plaintiff realized the motion made her pain worse, she returned to bed. 

9. On July 8,2005 at approximately 6:OO a.m., plaintiff was awakened by loud knocking on her 

front door. Plaintiff groggily opened the door to police officers, defendants Wood and Cass, who told her 

not to bang on her window. Defendants Wood and Cass were apparently responding to a call from 

plaintiff's neighbor that plaintiff was engaging in harassing and disorderly conduct. Plaintiff returned to her 

room where she discovered the blinds in disarray; she tried to straighten them, but was having trouble wlth 

her motor skills. Plaintiff went back to sleep. 

lli 


LAW OPPICES OF JUDY SNYDER 


PORTLAND, OREGON 97205 

(503) 228-5027 

FAX (503) 241 -2249

10. A short while later, plaintiff was again awakened by a loud banging on her front door. 

Plaintiff went to the front door to unlock and answer it, when the door was shoved open by defendant 

Wood. Wood and Cass did not knock and announce their presence. Wood and defendant Cass entered 

plaintiff's residence without permission and without a warrant. Two female employees, who plaintiff later 

learned were from Cascadia Behavioral Healthcare's Project Respond program, also entered plaintiff's 

res~dence and looked around. At the time, plaintiff was wearing only a tank top which she had worn to bed, 

and was not wearing any clothing on the bottom half of her body. Defendant Wood roughly grabbed 

plaintiff's arm, causing significant bruising then handcuffed plaintiff. Defendant Wood and Defendant Cass 

ignored plaintiff's pleas to put some clothes on and took her outside to the patrol car. Plaintiff's entire 

pubic area and lower half was exposed and because she was handcuffed, plaintiff was unable to cover 

herself with her hands. 

11. Plaintiff was then placed in the patrol car and driven to downtown Portland and taken to the 

Justice Center. During this time, plaintiff was paraded in front of her neighbors and other civilians and 

police officers with no clothing other than her tank top. At the Justice Center, plaintiff was fingerprinted, 

had her mug shot taken, then someone lifted up her shirt, further exposing her nudity and commenting, 

"oh, no pants." Plaintiff was then finally given a pair of pants to wear. 

12. Plaintiff was held for eight to nine hours in a cell with no running water or working toilet. 

Plaintiff was then released with a citation for harassment and disorderly conduct. 

13. Afew hours after plaintiff was released, in response to another call from plaintiff's neighbor, 

a police officer again came to plaintiff's house and directed her to stay in her house. 

14. After she was released, plaintiff was taken to the hospital for treatment for chest pains she 

began experiencing while in custody. Plaintiff's blood pressure was dangerously high. A few days later, 

after follow-up medical treatment plaintiff learned that she had suffered a concussion from her fall off the 

ladder. 

15. On December 22, 2005, a tort claims notice was issued to Mayor Tom Potter and City 

Attorney Linda Meng of the City of Portland on plaintiff's behalf. 





(503) 228-5027 

FAX (503) 241 -2249

FIRST CLAIM FOR RELIEF 

42 U.S.C. § 1983 - Fourth Amendment - Unreasonable Seizure 

(Against All Defendants) 

16. Plaintiff realleges and incorporates paragraphs I through 15 above. 

17. Defendants violated plaintiff's right to be free from unreasonable seizure under the Fourth 

Amendment, by entering her home without a warrant or probable cause, by grabbing plaintiff hard enough 

to leave bruises, and by handcuffing plaintiff and removing her from her home and transporting her to the 

Justice Center in downtown Portland with no clothing or undergarments on the lower half of her body, 

exposing plaintiff's naked body and genitalia to view, despite plaintiff's pleas to be allowed to put some 

clothes on. 

18. As a result of the conduct of defendants as previously described, plaintiff has suffered from 

Post Traumatic Stress Disorder, humiliation, anxiety, depression, pain, and severe emotional distress and 

is entitled to an award of $300,000 in compensatory damages.. 

19. The conduct of defendants Wood and Cass was reckless or showed a callus indifference 

to praintiff's constitutional rights. Plaintiff is entitled to an award of punitive damages, to be determmed at 

trial. against these defendants. 

20. Pursuant to 42 U.S.C. § 1988, plaintiff is entitled to reasonable attorney's fees and costs, 

mcluding expert witness fees. 

SECOND CLAIM FOR RELIEF 

42 U.S.C. 5 1983 - Fourth Amendment - Intrusion Upon Bodily Integrity 


21. Plaintiff realleges and incorporates paragraphs I through 15 above. 

22. Defendants violated plaintiff's right to be free from an unreasonable intrusion upon her 

bodily mtegrity under the Fourth Amendment, by entering her home without a warrant or probable cause, 

handcuffing and removing her from her home and transporting her to the Justice Center in downtown 

Portland with no clothing or undergarments on the lower half of her body, exposing plaintiff's naked body 

PAGE: 4 - COMPLAINT 

h W OFFICES OF JUDY SNYDER 

1000 S.W. BROADWAY. SUITE 2400 


(503) 228-5027 

Fax (503) 241 -2249

and genitalia to view, despite plaintiff's pleas to be allowed to put some clothes on. 

23. The conduct of defendants Wood and Cass was intentional, reckless or showed a callus 

indifference to plaintiff's constitutional rights. 

24. As a direct and proximate result of that conduct, plaintiff has been damaged as alleged in 

paragraphs 18 through 20. 

THIRD CLAIM FOR RELIEF 

42 U.S.C. § 1983 - Violation of Substantive Due Process - Bodily Integrity 


25. Plaintiff realleges and incorporates paragraphs 1 through 15 above. 

26. The action taken by defendants in handcuffing plaintiff and transporting her to the Justice 

Center without any clothing or undergarments on the lower half of her body, and denying plaintiff the 

opportunity to put clothes on prior to being transported, exposing her naked body, including genitalia, 

violated plaintiff's fundamental right to bodily integrity under the Fourteenth Amendment's Substantive Due 

Process Clause. 


indifference to plaintiff's constitutional rights. 


paragraphs I8 through 20. 

FOURTH CLAIM FOR RELIEF 

42 U.S.C. 5 1983 - Violation of Substantive Due Process - Right to Privacy 



30. The action taken by defendants in handcuffing plaintiff and transporting her to the Justice 

Center without any clothing or undergarments on the lower half of her body, and denying plaintiff the 

opportunity to put clothes on prior to being transported, exposing her naked body, including genitalia, 

violated plaintiff's fundamental right toprivacy under the Fourteenth Amendment's Substantive Due Process 


bW OFFICES OF JUDY SNYDER 



(503) 228-5027 

FAX (503) 241-2249

Clause. 


mdifference to plaintiff's constitutional rights. 


paragraphs 18 through 20. 

FIFTH CLAIM FOR RELIEF 

Battery at Common Law 

(Against Defendant Wood) 


34. Defendant Wood intentionally subjected plaintiff to offensive, harmful and unwanted 

touching. 

35. As a proximate result of defendant Wood's conduct, plaintiff has suffered from bruising, 

soreness, pain, anxiety, and emotional distress, resulting in non-economic damages in the amount of 

$75,000. 

DEMAND FOR A JURY TRIAL 

36. Plaintiff demands a jury trial. 

PRAYER 

Plaintiff prays for judgment against all defendants as follows: 

1. A declaration that defendants violated plaintiff's state and federal rights; 

2. Injunctive relief as the court sees fit in order to remedy defendants' past unlawful conduct 

and to prevent future unlawful conduct by defendants; 

3. Economic damages in an amount to be determined at trial for plaintiff's medical expenses 

incurred as a result of this matter; 

4. Compensatory damages in the amount of $300,000 for plaintiff's severe emotional distress 

due to the unlawful conduct of defendants; 

5. Punitive damages in an amount to be determined at trial; and 


LAW ORPICES OF JUDY SNYDER 


PORTLAND. OREGON 97205 

(503) 228-5027 

FAX (503) 241 -2249

6. Plaintiff's attorney's fees and costs, including expert witness fees, and disbursements 

incurred herein. 

DATED this 27th day of April 2007 

THE L~W,~FFICES,~~-~~DY SNYDER 





(503) 228-5027 

Fax (503) 241-2249

Judy Danelle Snyder, OSB # 73283 E-mail: judy@idsnvder.com ...

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