Law Suit against the Community Resource Officer of the Code Enforcement of Marion County, Oregon

Part I of III

Part II of III

Part III of III

Part IV of IV

 

 

1 | P a g e DEFENDANTS’ ANSWER TO PLAINTIFF’S THIRD AMENDED COMPLAINT

KENNETH S. MONTOYA, OSB #064467

 

Sr. Assistant Legal Counsel

kmontoya@co.marion.or.us

555 Court Street N.E.

P.O. Box 14500

Salem, OR 97309

Telephone: (503) 588-5220

Facsimile No.: (503) 373-4367

Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

BRUCE WAYNE HENION,

Plaintiff,

 

v.

 

MARION COUNTY and LAURA PEKAREK, in her official capacity as Code Enforcement Officer of Marion County Sheriff’s Office,

Defendants.

Case No. 6:16-cv-01918-AA

DEFENDANTS’ ANSWER TO PLAINTIFF’S THRID AMENDED COMPLAINT

JURY TRIAL REQUESTED

 

Defendants Marion County and Laura Pekarek (“defendants”), in answer to plaintiff’s Third Amended Complaint, admit, deny and allege as follows:

 

1. In response to plaintiff’s “Introduction,” deny all factual assertions therein.

 

2. Paragraphs 1 and 2 set forth that plaintiff’s action seeks declaratory and injunctive relieve and this Court’s jurisdiction over his claims to which no response is due from defendants.

 

Case 6:16-cv-01918-AA Document 32 Filed 03/06/18 Page 1 of 6

 

2 | P a g e DEFENDANTS’ ANSWER TO PLAINTIFF’S THIRD AMENDED COMPLAINT

 

3. In response to paragraph 3, admit that this Court has authority to issue a declaratory judgment however, deny that any such declaratory judgment is appropriate in this matter.

 

4. Defendants admit paragraphs 4, 5, 6, 17, 19 – 22, and 50.

 

5. In response to paragraph 7, admit that Laura Pekarek is employed by Marion County as a Code Enforcement Officer but deny any “violations” alleged by plaintiff in his action.

 

6. In response to paragraphs 8 – 16, 18, 24 – 30, 32, 36 – 37, and 41, defendants are without sufficient knowledge or information to admit or deny these allegations and thus, deny these allegations at this time.

 

7. In response to paragraph 23, admit that Ms. Pekarek conducted an inspection of the subject property on or about November 5, 2015, and that Ms. Pekarek advised plaintiff of several code violations. Further admit that Ms. Pekarek did not issue any citations. Except as expressly admitted, deny the remaining allegations in paragraph 23 either because they are untrue, untrue as phrased or because defendants are without sufficient knowledge or information to admit or deny these allegations.

 

8. In response to paragraph 31, admit that on March 2, 2016, Ms. Pekarek sent a letter to David Henion setting forth the code violations she observed when she inspected the subject property on November 5, 2015. Deny that Ms. Pekarek inspected the subject property on Case 6:16-cv-01918-AA Document 32 Filed 03/06/18 Page 2 of 6

 

3 | P a g e DEFENDANTS’ ANSWER TO PLAINTIFF’S THIRD AMENDED COMPLAINT

 

February 11, 2016. Except as expressly admitted, deny the remaining allegations in paragraph 31.

 

9. In response to paragraph 33, deny that that Ms. Pekarek ever told David Henion, “that Plaintiff’s in-home care attendants had to leave the premises while Plaintiff was absent or else the county would revoke the Conditional Use Hardship Permit” or any words to that effect. Admit that Ms. Pekarek did not contact the property’s trustee “about the removal of the in-home attendants.” Defendants are without sufficient knowledge or information to admit or deny the remaining allegations in paragraph 33 and thus, deny these allegations at this time.

 

10. In response to paragraph 34, deny that Ms. Pekarek ever told David Henion, “that if the caregivers did not leave [Plaintiff] would lose the Conditional Use Hardship Clause” or any words to that effect. Defendants are without sufficient knowledge or information to admit or deny the remaining allegations in paragraph 34 and thus, denies these allegations at this time.

 

11. Deny paragraphs 35, 38 – 40, 42 – 47, 52 – 54, 57, 59 – 62, and 64 – 72.

 

12. In response to paragraph 48, defendant realleges and admits and denies as set forth above in response to paragraphs 1 through 47.

 

13.In response to paragraphs 49 and 56, plaintiff sets forth certain legal requirements of Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 to which no response is due.

 

Case 6:16-cv-01918-AA Document 32 Filed 03/06/18 Page 3 of 6

 

4 | P a g e DEFENDANTS’ ANSWER TO PLAINTIFF’S THIRD AMENDED COMPLAINT

 

14.In response to paragraphs 51 and 58, plaintiff improperly pleads conclusions of law to which no response is due.

 

15. In response to paragraph 55, defendant realleges and admits and denies as set forth above in response to paragraphs 1 through 54.

 

16. In response to paragraph 63, defendant realleges and admits and denies as set forth above in response to paragraphs 1 through 62.

 

17. Except as specifically admitted, defendants deny each and every allegation in plaintiff’s Third Amended Complaint.

FIRST AFFIRMATIVE DEFENSE

(Failure to State a Claim)

 

18. Plaintiff has failed to state a claim for which relief may be granted for one or more of his claims asserted.

SECOND AFFIRMATIVE DEFENSE

(Qualified Immunity)

 

19. Defendant Laura Pekarek is immune from liability under the doctrine of qualified immunity in that her conduct did not violate any clearly established law and her actions were objectively reasonable at all times. Case 6:16-cv-01918-AA Document 32 Filed 03/06/18 Page 4 of 6

 

5 | P a g e DEFENDANTS’ ANSWER TO PLAINTIFF’S THIRD AMENDED COMPLAINT

THIRD AFFIRMATIVE DEFENSE

(Not a Proper Party - State Law Claims)

 

20. Defendant Laura Pekarek is not a proper party for plaintiff’s state law claims pursuant to ORS 30.265(1).

FOURTH AFFIRMATIVE DEFENSE

(State Claims Subject to Tort Claims Act

 

21. Plaintiff’s state law claims are subject to the conditions, limitations and immunities contained in the ORS Tort Claims act, ORS 30.260 et seq.

FIFTH AFFIRMATIVE DEFENSE

(Redundant Party – Federal Law Claims)

 

22. Plaintiff has named Laura Pekarek in her “official capacity” only and, as such, his claims are solely against Marion County and Ms. Pekarek is redundant to this litigation.

WHEREFORE, having fully answered plaintiff’s Third Amended Complaint, defendants pray judgment that plaintiff takes nothing thereby and that plaintiff’s action be dismissed with prejudice and that defendants have judgment in their favor and against the plaintiff for their costs and disbursements incurred herein.

 

DEFENDANTS RESPECTFULLY DEMAND A JURY TRIAL.

DATED this 6th day of March, 2018.

/s/Kenneth S. Montoya

Kenneth S. Montoya, OSB #064467

Sr. Assistant Legal Counsel

Attorney for Defendants Case 6:16-cv-01918-AA Document 32 Filed 03/06/18 Page 5 of 6

 

6 | P a g e DEFENDANTS’ ANSWER TO PLAINTIFF’S THIRD AMENDED COMPLAINT

CERTIFICATE OF SERVICE

 

I hereby certify that I served the foregoing DEFENDANTS’ ANSWER TO PLAINTIFF’S THIRD AMENDED COMPLAINT on the following persons:

Melissa D. Wischerath

Law Office of M.D. Wischerath

P.O. Box 12263

Eugene, OR 97440

By the following indicated method or methods:

XX

By electronic means through the Court's Case Management/Electronic Case File system on the date set forth below;

___

By mailing a full, true, and correct copy thereof in a sealed, first-class postage-prepaid envelope, addressed to the attorney's last-known office address listed above and causing it to be deposited in the U.S. mail at Salem, Oregon on the date set forth below;

___

By electronic means to the attorney’s last-known e-mail address listed on the Oregon State Bar Online Membership Directory on the date set forth below;

___

By causing a copy thereof to be hand-delivered to said attorney at each attorney's last-known office address listed above on the date set forth below;

DATED this 6th day of March, 2018.

/s/Kenneth S. Montoya

Sr. Assistant Legal Counsel

Attorney for Defendants

Case 6:16-cv-01918-AA Document 32 Filed 03/06/18 Page 6 of 6

 

 

Law Suit against the Community Resource Officer of the Code Enforcement of Marion County, Oregon

Part IV of IV

 USS CORAL SEA (CV 43)

Operations Evening Light and Eagle Claw, A Sailors tale of his Tour of duty in the U.S. Navy (August 1977 to February 1983)

 

A Sailors tale of his Tour of duty in the U.S. Navy (August 1977 to February 1983) - Operation Evening Light and Eagle Claw - (24 April 1980)

 

Book - ISBN NO.

978-1-4276-0454-5

EBook - ISBN NO.

978-1-329-15473-5

 

Operations Evening Light and Eagle Claw (24 April 1980) Iran and Air Arm History (1941 to Present)

 

Operations Evening Light and Eagle Claw (24 April 1980) Iran and Air Arm History (1941 to 2016)

 

Book ISBN NO.

To Be Announced

EBook ISBN NO.

978-1-329-19945-3

 

USS CORAL SEA CV-42, CVB-43, CVA-43 & CV-43 HISTORY, AND THOSE AIRCRAFT CARRIERS OPERATING WITH CORAL SEA  Vol. I (10 July 1944 to 31 December 1975)

 

USS CORAL SEA CV-42, CVB-43, CVA-43 & CV-43 HISTORY, AND THOSE AIRCRAFT CARRIERS OPERATING WITH CORAL SEA Vol. I

(10 July 1944 to 31 December 1975)

 

Book ISBN NO.

To Be Announced

EBook ISBN NO.

978-1-329-54596-0

 

USS CORAL SEA CV-42, CVB-43, CVA-43 & CV-43 HISTORY, AND THOSE AIRCRAFT CARRIERS OPERATING WITH CORAL SEA DURING HER TOUR OF SERVICE Vol. II (1 January 1976 to 25 August 1981)

 

USS CORAL SEA CV-42, CVB-43, CVA-43 & CV-43 HISTORY, AND THOSE AIRCRAFT CARRIERS OPERATING WITH CORAL SEA DURING HER TOUR OF SERVICE Vol. II

(1 January 1976 to 25 August 1981)

 

Book ISBN NO.

To Be Announced

EBook ISBN NO.

978-1-329-54790-2

 

USS CORAL SEA CV-42, CVB-43, CVA-43 & CV-43 HISTORY, AND THOSE AIRCRAFT CARRIERS OPERATING WITH CORAL SEA DURING HER TOUR OF SERVICE Vol. III (20 August 1981 to 26 April 1990)

 

USS CORAL SEA CV-42, CVB-43, CVA-43 & CV-43 HISTORY, AND THOSE AIRCRAFT CARRIERS OPERATING WITH CORAL SEA DURING HER TOUR OF SERVICE Vol. III

(20 August 1981 to 26 April 1990)

 

Book ISBN NO.

To Be Announced

EBook ISBN NO.

978-1-329-55111-4

 

USS Abraham Lincoln (CVN-72) History Vol. I (27 December 1982 to 6 May 2003)

 

USS Abraham Lincoln (CVN-72) History Vol. I  (27 December 1982 to 6 May 2003)

 

Book - ISBN NO.

To Be Announced

EBook - ISBN No.

978-1-365-73794-7

 

USS Abraham Lincoln (CVN-72) History Vol. II (7 May 2003 to 13 January 2010)

 

USS Abraham Lincoln

(CVN-72) History Vol. II

(7 May 2003 to 13 January 2010)

 

Book - ISBN NO.

To Be Announced

EBook - ISBN NO.

978-1-365-74027-5

 

USS Abraham Lincoln (CVN-72) History Vol. III (14 January 2010 to 31 December 2012)

 

 

USS Abraham Lincoln

(CVN-72) History Vol. III

(14 January 2010 to 31

December 2012)

 

Book - ISBN NO.

To Be Announced

EBook - ISBN No.

978-1-365-74145-6

 

USS Abraham Lincoln (CVN-72) History of Refueling and Complex Overhaul (RCOH)  (1 January 2013 to 2017)

 

USS Abraham Lincoln

(CVN-72) History of

Refueling and Complex

Overhaul (RCOH)

(1 January 2013 to 2017

Sea Trials) Volume IV

 

Book - ISBN NO.

To Be Announced

EBook - ISBN No.

978-1-365-74587-4

 

U. S. AIRCRAFT CARRIER SHIP HISTORY (1920 to 2016)

 

U. S. AIRCRAFT CARRIER SHIP HISTORY (1920 to 2016)

 

Book - ISBN NO.

978-1-4276-0465-1

EBook - ISBN NO.

978-1-365-25019-4

Library of Congress

Control Number: 

2008901616

(Book Version)

 

U. S. AIRCRAFT CARRIERS REDESIGNATED AND OR RECLASSIFIED (1953 to 2016)

 

U. S. AIRCRAFT

CARRIERS

REDESIGNATED

AND OR

RECLASSIFIED

(1953 to 2016)

 

BOOK - ISBN NO.

978-1-4276-0452-1

EBook - ISBN NO.

978-1-365-25041-5

Library of Congress

(Book Version)

2008901619

 

ENERGY QUEST AND U. S. AIRCRAFT CARRIER DEPLOYMENT HISTORY INVESTMENT CAPITAL REQUIRED TO PUBLISH 55 EIGHTH HUNNDRED PAGE BOOKS AND EBOOKS (48 Navy Books)

 

ENERGY QUEST AND U. S. AIRCRAFT CARRIER DEPLOY. HISTORY INVESTMENT CAPITAL REQUIRED TO PUBLISH 55 EIGHTH HUNNDRED PAGE BOOKS, EBOOKS & CD’s

(48 Navy Books)

 

Book - ISBN NO.

To Be Announced

EBook - ISBN No.

978-1-365-26038-4