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

 

To those of you that are admitted into Veterans Hospitals and have hardship clause on your dwelling in Marion County, Oregon, you can’t keep your care givers in your house while you’re being treated. So if you need hospital care, you would have to rent another house for your care givers. If your care giver is your wife and cousin, then hopefully you can find a family member to house them.

 

You would have to empty your house in order to prevent getting ripped off.

 

The following law suit against Marion County, Oregon, USA is being filed with the U. S. District Court.

 

Bruce Wayne Henion, a C5/C6 Quadriplegic of 30 years Complaint for a Civil Case in the case of Marion County code Enforcement allegedly violating Plaintiff’s Civil Rights and or Disabilities Act Violation

 

The Complaint for a Civil Case, Plaintiff’s Concise Statement of Material and following was posted at Baman47 Health 2016

http://rleeermey.org/viewtopic.php?t=30014&sid=ca896bddbbe0955112abf7099cec6a6e

 

Basis for Jurisdiction (Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case.)

 

Specific federal statute: Title II of the Americans Disability Act, Section 504 of the Rehabilitation Act of 1973, was enacted with the purpose of eliminating discrimination against persons with disabilities.

 

Henion v. Marion County Code Enforement et al

 

Plaintiff: Bruce Wayne Henion

Defendant: Marion County Board of Commissioners, Marion County Code Enforcement and Marion County Legal Counsel

Case Number: 6:2016cv01918

Filed: September 30, 2016

Court: Oregon District Court

Office: Eugene (6) Office

Presiding Judge: Ann L. Aiken

Nature of Suit: Civil Rights: Other

Cause of Action: 28:1331 Fed. Question

Jury Demanded By:

https://pacer.psc.uscourts.gov/pscof/registration.jsf

https://dockets.justia.com/docket/oregon/ordce/6:2016cv01918/128972

 

It’s very difficult to win a law suit against a county in America because they have money from tax payers, so you must have deep pockets. The reluctance of attorneys to go against states or state agencies illustrates this fact, unless you yourself have deep pockets.

 

I’m posting my law suit internationally because U. S. Media Outlets no longer report the truth and can no longer be trusted to inform folks of anything without first changing the facts. Before the end of this nightmare, I'll contact my state Congress person to try and in act a law that won't allow Marion County to do what they did.

 

There actions are costing me a lot of money right now every month. This means a wife, girl friend or boy friend if I was a homosexual could not stay in a home with a Hardship Clause if their  a care giver or not. So what good is having a Hardship Clause if you can't go to the hospital for any length of time? When a QUAD has a sore on his buttocks the VA keeps them in bed for six months. I've invested over $100,000.00 in my home since 1990 and I have no Civil Rights in a Marion County home with a hardship.

 

Since winning my case against Marion County is a gamble, as the power of state agencies are so powerful, and our leaders are mostly liberal, with no compassion or respect for the disabled, to include a Disabled Veteran, I'm forced to go public in an attempt to get public support to enact a law preventing a Code Enforcement Officer to do what she did to me. Mind you, if I don't stand up this last time before I die, then I wouldn't be worthy to be a veteran.

 

Theses days, active service members and veterans are given little respect by most folks. Most Americans as our leaders view an all volunteer military as nothing more then a job like any construction job. I have a cousin who doesn't think the tax payer should even pay for veterans battle wounds because folks are no longer drafted. I don't mind so much if someone doesn't respect me for serving in the Navy, but when someone jeopardizes my life, I must either fight or seek assisted state sponsored suicide.

 

Encl (2): Letter Bruce Wayne Henion posted on the Governor of Oregon’s facebook and posted on various facebook sites within the GOP and Donald Trumps facebook on May 6, 2016, Plaintiff’s web site at Presidential Material

http://www.usscoralseacvb-cva-cv-43ppt.us/index_files/Page5304.htm and R. Lee Ermey's SOUND OFF Forum at Baman47 Health 2016 http://rleeermey.org/viewtopic.php?t=30014

 

I initially wrote this letter at the Veterans Hospital, La Jolla, California, SCI Unit. Folks don't know the emotional strength one gets when folks share things about their lives with others like Marine Jim has done for many years. Jim sharing, has made me endure through all my trials. I would have never shared so much had my plight not been so terrible.

 

My nurse says I need to go to bed now, my energy now gone at 1:45am. Tomorrow I’ll go to PT and post this article before I leave for Mexico on my U. S. Aircraft Carrier Deployment Portal found through http://www.uscarrierhistory.com (Investment proposal submitted to the Shark Tank billionaires). My father and step mother had shown up a few days after my second operation and the last day and next morning of my stay, I was expecting them to return.

 

My father and step mother will be here tomorrow, I wrote, to take me to my Mexican Personal Care Attendant (PCA) and Care Mangers beach house, as they had went to my PCA and Care Mangers house in Tijuana the previous day, after spending time in Motels in La Jolla for several days prior to arriving to bring my pickup to me and take me to the beach house.

 

I can’t return home to Oregon because Marion County Code Enforcement Officer forced my father to evict my two American friends that were waiting for me, including David Sedore from my house on our family farm in Jefferson, Oregon that is paid for, as my house has a hardship clause and going to the Veteran Hospital doesn’t qualify to allow my friends to be there without me, even though they were part of my care team.

 

When my father showed up he was pretty sad I wasn’t going to be able to go back home. The Marion County Code Enforcement Officer had written my father two letters telling my father to compile to residential codes, even though the farm has grass seed and tomatoes growing on 27 acres, to include chickens and hay storage in an old gutted out mobile home, while one is attached to my fathers shop and one behind my home serving as fences from the dust from harvesting grass seed and used for storage.

 

My fathers brother inherited 23 acres and four houses and he was sent a letter from the Marion County Code Enforcement Office, stating he would be fined $500.00 a day if he didn’t move off his farm, renters vehicles that were not registered and licensed, as well anything that they considered solid product, waste or an eye sore (In my Uncles case they were just vehicles), so when My father received his first letter he asked her what codes she was going by.

 

The second letter Marion County Code Enforcement Office sent my father refereed to residential codes. The Marion County Code Enforcement Officer had given my father a two week extension to clear out my house, my U. S. friends, assisting me with my 24-hour care, three Mobile Homes utilized as aforementioned and Flat Bed Trailers, and steal beams all with thousands of dollars of value, in good condition, tires, etc.

 

My father also has construction platforms that attach to his tractor so he can repair roofs on his buildings and paint as part of maintenance. Also the Marion County Code Enforcement Officer told me when I was there; entering my father’s property and my house without permission even though, no tress passing signs were posted, with no warrant, this Officer and other officers walked into my bedroom while I was sleeping in the morning, laying in my bed. As she looked through the window, she saw a pickup bed made of plastic full of scrap steel we use to make things or repair stuff.

 

The Marion County Code Enforcement Officer told me that the pick up plastic bed, full of steel had two be removed as well as all PVC pipe under two of the mobile home trailers, lumber with tarps atop, planting buckets, basically anything that was viewed by this Code Enforcement Officer as an eye sore, to include aforementioned still beams, cement mixer, propane tank, fencing material made out of steel and a trailer and motor home visitors were staying in for the summer helping me watch the farm until my father returned from Texas.

 

By the time my father got home, I had cleaned up the farm as the Code Enforcement Officer ordered me to do, except move three Mobile Homes that have been there between 10 to 16 years, flat bed trailers and other aforementioned items of value. There were also two Trans Ams’ that this Code Enforcement Officer said had to be in a building, a school bus used for storage and a farm truck because they were not registered or licensed had to be moved off the property, because they were not plated and tagged to operate on Marion County roads.

 

My father fears the worse and can’t afford $500.00 a day fines, so he kicked out my friends that would have helped care for me when I returned home from the VA Hospital. My third operation will be some time in August I found out May 6, 2016, yet my father came to the VA a week before to see me and tell me the bad news (As it turned out my third operation was in November to December 2016.

 

That’s why he helped me get to my Care Mangers and Personal Care Attendants beach house where my father is at present. In my view our Civil Rights and the Disabilities Act have been violated by Marion County, Oregon. Americans are loosing their freedoms do to over reaching their authority.

 

My Mexican Care Manger and PCA, wants me to obtain him a work visa rather then let him visit using his tourist visa, making it necessary to hire three Americans to help with my care, while my PCA Manger/PCA and I was in Oregon (May 2014 to December 2015) and in conjunction with three others, my care was provided for, with help from my father, until he left for a four month visit to Texas, Florida, North Carolina and Louisiana, visiting his wife’s family and my sister Lisa, from June  to December 2015.

 

Since I was ill when my father left, he made sure folks would watch the west side of the farm from their Motor home and a trailer my father provided them until he returned. There are a lot of thief’s in our area and I being bed rest most the time, I needed help watching the farm. My niece and her husband watched my father and step mothers house and my employees helped Jose with me and grow tomatoes, keeping an eye out on the east side of the farm.

 

David Seadore helped me grow and protect my pot crops and cared for me with others. David Sanchez’s was the night security guy living in his fifth wheel with his wife and two kids and were only there during the summer until my father would return, but I ask them to leave and they went home before my father arrived, removing their fifth wheel. Child services agent came on the party twice to talk to David Sanchez, but he wasn’t there when they came. The agent always came in their car and with two Marion County Officers in separate cars.

 

Before my father returned I had asked the folks watching the west side the farm to leave and they went back home. After these folks helping me watch the farm left, someone dumped a huge pile of trash out back of the north side of the farm and I had to haul the trash to the dump.

 

Once my father came home from his vacation, I took off, arriving the emergency room of the La Jolla, Ca. VA on December 5, 2015 and was dropped off by my Care Manager/PCA who had obtained an Oregon Drivers License for three months using his I-94 Visa and six month travel permit and along with two friends who drove my Motor home with personal stuff in it to San Diego, Ca., I was able to enter the SCI Unit where I stayed until December 21, 2016.

 

After I was released from the SCI Unit, we went to the storage lot and picked up my Motor home and trailer hooked up to my pickup, entering Mexico on the 21st of December. I had to pay taxes on my personal property and they wouldn’t let me take my trailer into México because they don’t honor DMV Trip Permits from Oregon, so I returned the trailer to the storage lot and it took me until April to get a vin number from the California Highway Patrol, so I could obtain a permit license plate from the California DMV; the same kind of plates my father has on his flatbed trailers on the Oregon, Farm.

 

After my father arrived the SCI Unit, he told me he was also ordered to remove his flat bed trailers from the farm, because they are an eye sore to this Code Enforcement Officer, even though their registered and plated, makes no sense to my father or I. I have a registered and plated 26,000 lb, 1979 Chevy, 350, 22 feet flat bed farm truck that works but the Code Enforcement Officer said all non licensed vehicles and trucks had to go, so I had my sister Judy’s husband at the time, drive it to my sister’s house in Lebanon, up in the mountains where she lives, half full of stuff I threw away the next day, after my father returned from his vacation.

 

My father got up set with me for throwing away steel fence post, steel beams and extra tractor and implement spare parts, so he removed it from my farm truck. I told my father to bring it back to our farm, next to other farms in Jefferson, Oregon. Jefferson, Oregon is slowly moving toward our and neighbors farms, but rezoning residential in our area has never happened. At the time, my farm was registered and licensed:

 

Thank you for submitting your filing and processing fee. Your filing has been submitted for processing. Initial processing will begin within one business day.

 

Order Number:

11074128

Fee:

$50.00

Registry Number:

109644195

Business Name:

HENION AND CASTRO FARMS

Filing Type:

Assumed Business Name (ABN)

 

When your entity is finished with the filing process, you will receive an acknowledgment email.

Your credit card statement will read "OR Sec/State CorpDiv"

Email questions to corporation.division@state.or.us or call 503-986-2589

 

QUICKER SCALE COMPANY

13500 SW PACIFIC HWY STE 58-548

TIGARD OR 97223

(503) 690-0115

Ken Collins

 

U. S Aquaculture requires only that tomatoes be weighed and you must have a certified scale, a fee of close to forty dollars to have an Ag agent come out to check out you’re scales. I bought a $500.00 scale but because 6,000 of our 10,000 tomatoes plants froze, we gave them away to family members so, I never certified the scales as we never sold the bunch of them during harvest time.

 

Weight - 503-986-4670 – 39.00

 

Tomatoes and Grass Seed grown on our farm in 2015 (Grass seed is grown by another farmer). http://www.usscoralseacvb-cva-cv-43ppt.us/index_files/Page4353.htm

 

If you sell potted plants you must obtain a Nursery License, but we never sold potted plants and since the Code Enforcement Officer told me to get rid of the buckets and potted plant buckets, I loaded them up in my farm truck as well, to be thrown away at the dump. My father removed them when he got home and told me that our family farm is a farm and Marion County didn’t have the right to make me in his absence, remove farming stuff.

 

I was fearing $500.00 a day fines for not compiling, so I allowed the Code Enforcement Officer to intimidate me so I told my father, and I spent two weeks cleaning up the farm, moving everything under the Mobile home storage areas into my Medical Marijuana fenced area after my 8 lb crop was harvested and sold to a Medical Dispensary in Mt. Hood.

http://www.usscoralseacvb-cva-cv-43ppt.us/index_files/Page4353.htm

 

Plant and Nursery - 503-986-4644 – 139.00

 

My father is heading back home now that I’m settled in, and told me he was really sorry he was forced to clear out my house, making it impossible to return home, but since my third surgery has been postponed until August to give me enough time to heal from three 1 cm kidney stones removal, going through my back, two in the kidneys and one in the tube between the right kidney and bladder, time to heal. My second surgery was a removal of a bump on my penis. My prostate was so big it was closing off my urethra, so I must keep a Foley Catheter in so I don’t stroke out, having a record of 5 near close heart attacks, do to my enlarged prostate, so after 4 emergency room visits in an ambulance from my house in a year and a half and one December 5, en route to Mexico, still I thought bicycling, range of motion on my legs, standing twice a day, involving 4 hours of exercise and standing every day, hot showers and dumping rubbing alcohol on my balls would work continually so I could wear condoms, but a week before my second VA SCI Unit visit, three weeks ago, I begin to stroke out with a blood pressure nearing 200 and my Care Manger and Personal Care Attendant immediately Cathed me.

 

The first Urologist that saw my chart notes from my primary Physician recommended I go to the Veterans Hospital, so I went to Portland, but they told me I had to go to the Seattle, Washington SCI Unit.

 

The second Urology visit was to a Oregon Health and Sciences University, Portland, Oregon Urologist and he told me after soundings on my bladder, I go into AD before I begin to stroke, when my bladder feels up to 80ccs and that my Spectrum removal in 1987 at the Corvallis Hospital and Urural Stent implanted in 1998 at OHSU had failed, recommending a Subic Pubic in order to urinate.

 

The last Urologist I met in Oregon before I left for California said he needed an MRI to verify whether my prostate was enlarged, but he thought it is was. I waited nearly two weeks for my Workers Compensation Insurance Company to authorize payment, but since it wasn’t approved in time, I split for California rather then the Seattle, Washington SCI Unit because my Care Manger and PCA I-94 visa and permit was only goof for six months in Oregon.

 

The VA says my problem was kidney stones and enlarged prostate and that I go into Autonomic Dysreflexia at 150 ccs. When the Code Enforcement Officer walked into my home when my door was open, with out permission, I was pretty ill and incoherent. I’m feeling better now, speaking of my second operation or at least good enough to fight Marion County in court as I feel they violated my rights and my father’s rights. Before my Care Manger and PCA will return to Oregon, he wants me to obtain him a Working Visa to continue caring for me with others he watches over, so I’ll have to get my FM3.

 

He wants to finish his degree as well, having at present degrees in Political Accounting, Journeyman Electrician, Ac and Heating, Refrigeration (Electric/Propane refurbishing) and Electronics. He’s also a contractor, having built his 5,000 s.f. two story beach house, built several homes at Ls Salina, Puerto, and Marina, owns several houses and properties all paid for with his wife who mange’s the funding of two Tijuana Universities in Mexico and has several businesses that he operates part time with the exception of his Pet Crematory Business his wife, he and his partner operate.

 

FABRICACION DE METAL, REFRIGERATION, AIRE CONDICIONADO, ELECTRICIDAD, PLOMERIA CEMENTO, CONTRACTADOR GENERAL, EQUIPO MAQUINARIA PESADA-OPERACIÓN Y TRANSPORTACION, DOMPE, RETRO Y SERVICIOS AUTO TRANSPORTE - JOSE HERBERTO GUITERREZ CASTRO R.F.C. GUCH640829R411 - C.U.R.P. - GUCH640829HCHTSVC9 - CIRCUITO DEL ARBOL NO. 63, FOVISSSTE 5, MESA DE OTAT, TIJUANA B.C.

 

He owns a dump truck and backhoe, but doesn’t have the time to operate them as he is working on his beach house trying to finish it, going to school and helping me with my medical equipment when my electric chair breaks down or needs modified. He is also my Vice President of Energy Quest and U. S. Aircraft Carrier Deployment History.

http://www.usscoralseacvb-cva-cv-43ppt.us/index_files/Page4566.htm

 

My Mexican Care Manger and PCA has worked for me full time since August 2005, his employment originating in Mexico as I was in Mexico from February 2008 until my Grandma passed away. Having met my Mexican friend in 1998, when I had my trucking business in 2001 and 2002, Jose helped me rescue drivers who blew up engines, drive lines, clutches and tires driving on curbs.

 

Two drivers not able to deliver loads on time finally made me quit, so I sold one semi truck and gave another to my Mexican friend, now my Care Manger and PCA. He imported it into Mexico after he paid to have it delivered, then sold it to someone in Mexico.

 

My father and step mother, my mother and step father and my sisters so up set, my father 79 and my step mother close to the same age, bought a car in Sacramento from our cousin who can’t drive anymore, in order to see me after my surgery, having taken a train from Albany, Oregon to Sacramento.

 

Bruce Wayne Henion

http://www.eqneedinc.com

 

Energy Quest & U. S. Aircraft Carrier Deployment History, former Energy Quest National Energy Efficient Development Inc. (Oregon Registry Assumed Business Name (ABN). 109829598), Bruce Wayne Henion of 3339 Jefferson Scio Drive SE, Jefferson, Oregon, 97352; and Jose Heberto Gutierrez Castro clear present address of 3339 Jefferson Scio Drive SE, Jefferson, Oregon, 97352 or Circuito Del Arbol, Fobiste No. 5, No. 63, Mesa Otay, BA JA Tijuana 22510

http://www.usscoralseacvb-cva-cv-43ppt.us/index_files/Page3025.htm

 

 

UNITED STATES DISTRICT COURT

 

DISTRICT OF OREGON

 

PORTLAND DIVISION

 

Bruce Wayne Henion

3339 Jefferson, Scio, Dr. S. E.,

Jefferson and Marion

Oregon 97352

Phone No. 541-327-2985

                                    Plaintiff

 

CV. 01-1234-AS

                                                                                                   Case No. 6:2016cv01918

Marion County Code Enforcement,                                           Plaintiff’s Concise

Marion County Board of Commissioners                                  Statement of Material Facts

Marion County Legal Counsel                                                   Jury Trial: No

Attention: Gloria M Roy

555 Court St., N.E. 2nd Floor

Salem and Marion

Oregon 97352

                                    Defendant

___________________________

 

Pursuant to LR 56.1, Plaintiff, Bruce Wayne Henion, a C5/C6 Quadriplegic of 30 years,   presents the following statement of undisputed facts:

 

             1.  Basis for Jurisdiction (Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a              federal question case.)

 

       Specific federal statute: Title II of the Americans Disability Act, Section 504 of the Rehabilitation Act of 1973, was enacted with the purpose of eliminating discrimination against persons with disabilities.

 

2.  Concise Statement of Material Facts - Defendant forced Plaintiff's father to evict two care providers from Plaintiff's home while        Plaintiff was in a hospital under Doctors Care. Notify Tenant of residence of the hardship in question that he may have been in        violation of any Code of Marion County that would allow the eviction of care providers of a 24-hour Quad absent from his        primary residence for medical reasons in writing.

 

A.  Plaintiff’s Evidence - David C. Henion’s statement, submitted as evidence of the alleged Civil Rights and Disabilities Act        violation aforementioned with complaints by the Plaintiff, that follow: Whether or not Marion County Code Enforcement Officer        has the legal right pursuant to ORS Codes, to force the eviction of Plaintiff’s care providers from Plaintiff’s home in the absence        of Plaintiff from his primary residence. It is for a Judge or Jury to decide. Yet of significant importance, as viewed by the        Plaintiff, a C5/C6 Quadriplegic, away from his primary home under Doctors care in and out of the hospital for a duration of time,        was that no just cause was presented to Plaintiff for such an action by the Defendant. Plaintiff has no control over required        operations to save Plaintiff’s life or the duration between operations scheduled by the Veterans Hospital. Plaintiff believes his        father to be a credible witness, thereby proving by a "preponderance of the evidence" (that it is more likely than not) that the        defendant is legally responsible for the demands and/or damages alleged by the Plaintiff, based on actions Plaintiffs father was        forced to take. In order to save the hardship clause on Plaintiffs primary residence.

 

      B. Marion County’s evidences should clearly show they have no obligation to notify  Plaintiff as the Tenant of a hardship clause 

             dwelling and Plaintiff’s primary  residence, that Plaintiff was in violation of any such Oregon State statute,  regulation or county

             code, regarding live-in care-givers not allowed to remain in  the  residence of the Plaintiff why Plaintiff was away seeking              medical treatment to save his life.

 

      C.    Plaintiff alleges that the Marion County Code Enforcement Officer violated his Civil Rights and the Disabilities Act, when 

             Marion County ordered the eviction of Plaintiff’s care providers from his primary residence that has had a medical hardship since

             1990, through a third party, Plaintiff’s father.

 

    (1). This action is in contrast for the reason a medical hardship clause is granted for a dwelling for a severely disabled individual     where county zoning doesn’t allow dual residences, to accommodate the disabled individual and allow the individual to live next     to a family member with care providers.

 

    (2). When Plaintiffs father arrived AT the Veterans Hospital at La Jolla, California Spinal Cord Injury Unit, Plaintiff was     informed by his father there were no longer live-in care providers as he was forced to evict both David Seadore and Sharon from     the Plaintiff’s home and primary residence that has had a current medical hardship clause since 1990.

 

    (3). As a result of the actions of the defendant, Plaintiff had no care providers to go home to, so Plaintiff remained in Mexico     after his kidney stone removal operation, to await his August operation at a Regional Veterans Hospital with a Spinal Cord Injury     Unit in California.

 

    (4). Plaintiff alleges by testimony of his father, that the Code Enforcement Officer told Plaintiff’s father that being in a Veterans     Hospital is no grounds for leaving care providers in Plaintiff’s home until Plaintiff would be released from the hospital.

 

             (5). As a result of the defendant’s actions, when Plaintiff returns home, he will face great economic hardship, having lost two              live-in care providers, making it necessary to hire from an Employee Agency as Plaintiff’s Mexican Care Manger and Care              Attendant does not wish to remain in Oregon without a work visa, presently with a current I-94 permit and Tourist Visa.

 

      D.  Marion County Sheriffs Office Code Enforcement Officer failed to:

 

             (1). Notify Plaintiff that care providers were not allowed to remain in a residence that has a hardship clause for any duration of     

             time while Plaintiff was in the hospital, either verbally or in writing. Furthermore, Plaintiff is the tenant of the hardship residence              in question, not Plaintiff’s father, therefore Plaintiff should have been so informed so as to allow Plaintiff the opportunity to show              just cause why care-givers would remain in a three bed room hardship dwelling, prior to defendant’s actions. Plaintiff’s primary

             residence has a mail box and accepts mail from anyone. While zoning may not allow for dual residence on the Plaintiff’s fathers

             farm, Plaintiff’s hard ship clause is current and on file with Marion County. If there is indeed, such Codes, Statues or              Regulations, that prevent a disabled person that requires 24 hour live-in care providers, the right to remain in the disabled persons              home, until the disabled person returns home from the hospital, or for that matter, an extended vacation of a month or longer, it              was Marion County’s obligation under the law to provide Plaintiff notice of any such violations, if in deed Plaintiff was in              violation of any laws of Marion County!

 

             (2). Defendant show the evidence, that Marion County Code Enforcement has the legal right to evict Plaintiff’s care providers

             through a third party and/or (due to  a medical leave of absence) while Plaintiff is in a hospital away from home and/ or under-

             going a succession of operations in a hospital in a Regional Spinal Cord Injury Veterans Hospital during a succession of months

             away from home, without first notifying Plaintiff. That Plaintiff was in violation of hardship clause regulations (?), Defendant

             should have lest the care providers in Plaintiff’s primary residence until plaintiff returned home.

 

          (3). Marion County Code Enforcement Officer made it impossible for Plaintiff to return home from the hospital without

          locating other live in care providers. Under Doctor’s Care, Plaintiff under went two life saving operations in early 2016 and

          one more in August 2016.

 

          (4). Marion County did not consider the economic hardship their Code Enforcement Officer inflicted on Plaintiff once

          Plaintiff returns home if live in care providers can’t be located in time (Legal right to do so to be evidenced.). Plaintiff’s care

          provider expenses will increase as a result of defendants actions,upon his return home, from an Employee Agency is necessary,

          until two live-in care providers (that was a credit to the Plaintiff in return for assistance) can once again live in Plaintiff’s           residence. The Plaintiff shouldn’t have to allocate $15.00 to $20.00 an hour, 24 hours a day by hiring folks at an Employee           Agency. Plaintiff would be responsible for hiring a third live in care provider, as this is the only affordable way Plaintiff has been           able to survive in Oregon. In Home care providers exchange a portion of rent and expenses as well as receive economic gain. For           example, David Seadore and Plaintiff spent time together throughout the day, was on call, helped Plaintiff when-ever he needed           something in the absence of another care provider. Both his vehicles had no current tags, a thorn for the Code Enforcement           Officer, exclaiming those vehicles must go from the property or tag them. David Seadore received $2,000.00 in October 2015           from me, so why he didn’t renew his license or tag his vehicles only he knows, although his truck’s right wheel was damaged and `         was not operational. From October 2014 until evicted in June 2016, David Seadore lived with plaintiff and plaintiffs’ Mexican           Care Manager and Care Attendant, and together with Plaintiff’s father cared for Plaintiff until Sharon was located, moving in           around June 2015, assuming night duties while Plaintiff was sleeping on a short schedule in exchange for a residence. Also           around the same time, David Sanchez arrived on the property with his fifth wheel to live and watch the east side of the farm and           me at night on many occasions, substituting rent for assistance after the first month and received a $1,000.00 in revenue from           Plaintiff. Live-in care providers are made possible through making deals with folks. David Sanchez left before the Code           Enforcement Officer arrived on the property in late 2015, but his fifth wheel remained until November 2015, as Plaintiff was           informed folks can’t stay in a motor home, trailer or fifth wheel on a small farm in order to visit or care for a severally disabled           person.

 

          (5). Failed to give Plaintiff the opportunity to show just cause for leaving care providers in his primary residence while away

          for medical reasons. It should be noted, the very reason for a medical hardship for a dwelling on property not zoned for dual      

          residences, is to accommodate a severely disabled person and allow the individual to live next to a family member. Hence,        

          everything Plaintiff has done and is doing revolves around medical treatment in order to live. Therefore the actions of the          

          Defendant’s agent neglect the reason for obtaining a hardship clause.

 

          (6). Marion County Code Enforcement Officer forced a third party to disrupt two peoples lives, folks living in Plaintiff’s

          primary residence, without notification from the County in writing to the Plaintiff’s tenants and or care providers, or Plaintiff that

          his care givers must go in his absence, a dual status for anyone providing live in care as allowed by the Domestic Hiring Act, that

          clarifies Plaintiff is not an employee when hiring folks for domestic in home care.

 

          (7). Marion County failed to accommodate the Plaintiff’s medical necessities but did collect the annual hardship clause           renewal fee signed by a Doctor of Plaintiff’s own choosing.

 

      E.  Care Providers - It should be acknowledge by the Court and Defendant, that live in care providers for a disabled person              requiring 24 hour care, are reliant on the residence as their home and the care providers duties and responsibilities take into

             consideration a reasonable deduction in-care provider expenses and rent in exchange for various duties assisting Plaintiff both in  

             the day and at night, working together with a primary Care Manager and Care Attendant providing morning care. Two care 

             providers forced to leave their residence. Loss of income and home as a result of the Code Enforcement Officer’s actions was a

             hardship to them.

 

             It will require the Plaintiff now to remain in Mexico until Plaintiff can figure out how to locate live-in care-givers before Plaintiff

             can come home, after his August operation, remaining in the area of medical treatment until released with a clean bill of health

             hopefully the Plaintiff prays, some how, two complete strangers, site unseen, no training, no meeting, just through, say a phone

             call or email, if and when such persons could be located, will be willing to live in with Plaintiff and provide care in Plaintiff’s

             house for Plaintiff, arriving Plaintiff’s house in advance of Plaintiff and everything will be just great. Wait a minute. Plaintiff              does not even have that option as care providers are not allowed to stay in the Plaintiff’s residences in the absence of the Plaintiff.              The County does not take into consideration the difficult task in locating care providers in advance, while Plaintiff was home              prior to seeking life saving operations.

 

      F.  Plaintiff’s 2015 and 2016 Medical, Health and Care related History revaluate to Plaintiff’s law suit against the Defendant.

 

             (1). Planned Period of absence from home:  December 5, 2015 to May 5, 2016. Plaintiff spent almost a month in the hospital,              and was planning on going back home when released May 5, 2016, as Plaintiff had been away from home since  arriving the              Emergency Room at the Veterans Hospital at La Jolla, California December 5, 2015 with another severe bladder infection.              Shortly after arriving, Plaintiff was admitted to the Regional Spinal Cord Injury Unit, and Plaintiff’s primary health facility. After              being released December 21, 2015, Plaintiff was informed there were three 1 cm kidney stones in the right kidney and one stone              was stuck in between the bladder neck and kidney, causing the kidney to pass bacteria to the bladder through the urine. An              operation was scheduled for early February 2016. Upon arrival to Mexico, Plaintiff re hired his former employees to assist              Plaintiff’s Mexican Care Manger and Care Attendant. Operation was postponed until April, during which time Plaintiff had one              severe episode of a bladder infection that was treated.

 

            (1).  Background: Plaintiff was due for his annual in January 2016 and was the reason he left his home in Jefferson, Oregon.              Plaintiff could have gone to the Seattle Washington Regional SCI Unit, but chose his primary health facility. Because Plaintiff

             was ill and didn’t know why, he was seen by several Doctors and three urologists as well as visited emergency rooms at least five              times in 2015, for bladder infections causing pre-stroke symptoms.

 

             By November, a second urologist, Doctor Kemp, felt Plaintiff had kidney stones and ordered a cat scan, but Plaintiff’s Workers              Compensation Insurance Co., Arrowpoint Capital would not authorize the x-ray in time before Plaintiff became ill again, so              Plaintiff split. After being told Plaintiff had to have kidney stones removed if he wanted to live, Plaintiff chose to stay near the              hospital, so Plaintiff moved back in his Mexican Care Manger and Care Attendant’s Beach House 90 miles from the Hospital to              wait for his surgery. Upon arrival to Mexico, Plaintiff re hired his former employees to assist Plaintiff’s Mexican Care Manger              and Care Attendant. Operation was postponed until April, during which time Plaintiff had one severe episode of infection that              was treated.

 

(2). Present Period of absence from home: May 5, 2016 to Present. Plaintiff, waiting for an operation scheduled by the Veterans Hospital, to include directed healing time between kidney stone removal and prostate surgery was preempted by an emergency visit that became Plaintiff’s SCI Unit Annual at his primary health facility and regional Spinal Cord Injury (SCI Unit), under-going a final operation in August 2016. After Plaintiff’s plans were changed by Marion County, Plaintiffs arrival home was postponed. Plaintiff manages his own affairs, contracting with folks to provide Plaintiff attendant care 24 hours a day, relying on a minimum of three individuals and one Care Manager and Care Attendant, who is a Mexican National at present, now going to school on Saturdays, living in Mexico with Plaintiff, working in conjunction with three other care providers providing Plaintiff care in Mexico, at present:

 

Care Manager and Care Attendant:  Jose Heberto Gutierrez Castro

Care Attendant:  Daniel Dominguez , Noe Hernandez Sarmiento and Nohemi Valdez Zunigal;

 

(a). Economic hardship and increased expenses face Plaintiff when he returns home as a result of the actions of the Defendant and it will be impossible for Plaintiff to return home without incurring increased care provider costs, cost that are factored in annually in advance. Funds are set aside for a selected program that provids care for Plaintiff in his residence upon his return, traveling to the hospital and residing in the area of the hospital. Plaintiff’s care program spoken of failed when Plaintiff’s care providers were evicted by Plaintiff’s father after being ordered to do so or else. Plaintiffs present care program is equal to his care program from February 2008 to May 2014.

 

(b). Plaintiff does not have the ability to interview or train folks in Oregon from Mexico, nor adequately qualify anyone to provide care for Plaintiff in his home until he returns home, thereby narrowing what Marion County can actually accomplish in behalf of Plaintiff. Therefore, $20.00 an hour  to minimum raise DUEincrease, is established as the wage Plaintiff must allocate to an Employment Office for care providers on 8 hour shifts, until such time plaintiff can locate two to three 24 hour live-in care providers once Plaintiff arrives back home. As there are 30 days in a month, for the purpose of a demonstrated example to a monthly cost plaintiff will be forced to allocate at $20.00 an hour x 24 hours a day, equals $480.00 a day x 30 days, totaling approximately $14,400 a month or 24 hours a day x 365 days, totals 8,760 hours x $20.00 an hour to be more exact, for an annual amount of $175,200.00. Plaintiff receives $65,000.00 for care provider’s expenses. The difference is $110,200.00.

 

(c). Plaintiff’s burden is to have care providers care for him utilizing every means possible to include offering a home and income              or just a home in exchange for care assistance and or household duties.

 

(d). If plaintiff expends $20.00 an hour, 24 hours a day, his attendant care funds would be exhausted in 3,250 hours, requiring an additional 5,510 hours of coverage for the remaining months of a year. A 30 day month consist of 720 hours divided by 3,250 hours, roughly 4 and ½ months of coverage if plaintiff can’t immediately find two-live in care providers. Marion County would be economically liable as part of any settlement until live in care providers are located, an amount consistent with increased expenses of care cost. Plaintiff will incur, as result of the actions of the defendant resulting in the loss of two of the Plaintiff’s care providers. From December 5, 2015 to February 5, 2016, Plaintiff planned on being away, but plans changed as did operations scheduling, staying until May 5, 2016, only then to realize, going home was no longer an option.

 

References:

 

Marion County Hardship Clause for Residence at 3339 Jefferson Scio Drive S. E., Jefferson, Oregon 97352, for Plaintiff, Bruce Wayne Henion.

 

Plaintiff’s letters of Disability.

 

Spinal Cord Injury Unit, La Jolla, California Medical Chart Notes for the periods 5 to 21  December 2015 (Bladder Infection and Annual), April to 5 May 2016 (Kidney Stone removal through the right kidney) and scheduled prostate surgery in August 2016.

 

Letter to Marion County Board of Commissioners and Marion County Legal Counsel

Attention: Gloria M Roy, PO Box 14500, Salem OR  97309, that included the following:

 

Ref.: Code Enforcement Officers conversation with David C. Henion, plaintiff’s father

Encl (1): Letter from David C. Henion’s statement sent to an attorney at law

Encl (2): Letter Bruce Wayne Henion posted on the Governor of Oregon’s facebook

and posted on various facebook sites within the GOP and Donald Trumps facebook on May 6, 2016, Plaintiff’s web site at Presidential Material http://www.usscoralseacvb-cva-cv-43ppt.us/index_files/Page5304.htm and R. Lee Ermey's SOUND OFF Forum at Baman47 Health 2016 http://rleeermey.org/viewtopic.php?t=30014

 

 

 

 

UNITED STATES DISTRICT COURT

 

DISTRICT OF OREGON

 

PORTLAND DIVISION

 

1.  The Parties to This Complaint

 

      A. Plaintiff

 

             Bruce Wayne Henion

            3339 Jefferson, Scio, Dr. S. E.,                                      Complaint for a Civil Case

            Jefferson and Marion

            Oregon 97352                                                                 Case No. 6:2016cv01918

Phone No. 541-327-2985

                                                                                                    Jury Trial: ­No

      B. Defendant(s)

 

          Marion County Code Enforcement,

          Marion County Board of Commissioners                                  

          Marion County Legal Counsel

          Attention: Gloria M Roy

          555 Court St., N.E. 2nd Floor

          Salem and Marion

          Oregon 97352

          503-588-5041

 

2.  Basis for Jurisdiction (Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case.)

 

Specific federal statute: Title II of the Americans Disability Act, Section 504 of the Rehabilitation Act of 1973, was enacted with the

purpose of eliminating discrimination against persons with disabilities.

 

3.  Statement of Claim (Defendant forced plaintiff's father to evict two care providers from plaintiff's home while plaintiff was in a hospital under Doctors Care)

 

             A. Plaintiff alleges that the Marion County Code Enforcement Officer violated his Civil Rights and the Disabilities Act, when              Marion County ordered the eviction of Plaintiffs care providers from his primary residence that has had a medical hardship since              1990, through a third party, Plaintiffs father. This action is in contrast for the reason a medical hardship clause is granted for a              dwelling for a severely disabled individual where county zoning doesnt allow dual residences, to accommodate the disabled              individual and allow the individual to live next to a family member with care providers.

 

             Plaintiff’s Mexican Care Manager and Care Attendant would see Plaintiff home and later fly back to Mexico, returning in time              for Plaintiff’s August surgery, Plaintiff found out about after Plaintiffs final test of his prostate two weeks after his kidney              surgery. When Plaintiffs father arrived the Veterans Hospital at La Jolla, California Spinal Cord Injury Unit, Plaintiff was              informed by his father there were no longer live in care providers as he was forced to evict both David Seadore and Sharon              from the Plaintiff’s home and primary residence that has had a current medical hardship clause since 1990. Plaintiff had no care              providers to go home to, so Plaintiff remained in Mexico after his kidney stone removal operation, to await his August operation              at a Regional Veterans Hospital with a Spinal Cord Injury Unit in California. Plaintiff alleges by testimony of his father, that the              Code Enforcement Officer told Plaintiff’s father that being in a Veterans Hospital is no grounds for leaving care providers in              Plaintiff’s home until Plaintiff would be released from the hospital. As a result of the defendants actions, when Plaintiff returns              home, he will face great economic hardship, having lost two live in care providers, making it necessary to hire from an Employee              Agency as my Mexican Care Manager and Care Attendant does not wish to remain in Oregon without a work visa, presently with              a current I94 permit and Tourist Visa.

 

(1). Evidence - David C. Henions statement, submitted as evidence of the alleged Civil Rights and Disabilities Act violation aforementioned with complaints by the Plaintiff, that follow. Whether or not Marion County Code Enforcement Officer has the legal right pursuant to ORS Codes, to force the eviction of Plaintiffs care providers from Plaintiffs home in the absence of

Plaintiff from his primary residence, it is for a Judge or Jury to decide, yet of significant importance, as viewed by the Plaintiff, a              C5/C6 Quadriplegic, away from his primary home under Doctors care in and out of the hospital for a duration of time, was that              no just cause was presented to Plaintiff for such an action by the Defendant. Plaintiff has no control over required operations to              save Plaintiffs life or the duration between operations scheduled by the Veterans Hospital. Plaintiff believes his father to be a              credible witness, thereby proving by a "preponderance of the evidence" (that it is more likely than not) that the defendant is              legally responsible for the demands and or damages alleged by the Plaintiff, based on actions Plaintiffs father was forced to take,              in order to save the hardship clause on Plaintiffs primary residence.

 

             B.  Marion County Sheriffs Office Code Enforcement Officer failed to:

 

(1). Notify Plaintiff that care providers were not allowed to remain in a residence that has a hardship clause for any duration of time while Plaintiff was in the hospital, either verbally or in writing. Plaintiffs primary residence has a mailbox and accepts mail from anyone. While zoning may not allow for dual residence on the Plaintiffs fathers farm, Plaintiffs hardship clause is current and on file with Marion County.

 

             C.  Plaintiff demands

 

(1). Defendant show the evidence , that Marion County Code Enforcement has the legal right to evict Plaintiffs care providers through a third party and or do to a medical leave of absence, while Plaintiff is in a hospital away from home and or

undergoing a succession of operations in a hospital in a Regional Spinal Cord Injury Veterans Hospital during a succession of              months away from home, without first notifying Plaintiff, that Plaintiff was in violation of hardship clause regulations (?), by              leaving his care providers in his primary residence until his return home from a hospital. Under Doctors Care, Plaintiff              underwent two life saving operations and one to go in August 2016. If there is indeed, such Codes, Statutes or Regulations, that              prevent a disabled person that requires 24 hour live in care providers, the right to remain in the disabled persons home, until the

disabled person returns home from the hospital, or for that matter, an extended vacation of a month or longer, it was Marion              Countys obligation under the law to provide Plaintiff notice of any such violations, if in deed Plaintiff was in violation

of any laws of Marion County, once Marion County believed the Plaintiff was? Furthermore, Plaintiff is the tenant of the               hardship residence in question, not Plaintiffs father, therefore Plaintiff should have been so informed so as to allow Plaintiff the              opportunity to show just cause why caregivers would remain in a three bedroom hardship dwelling, prior to Defendants actions.

 

(2). Since Marion County Code Enforcement Officer ordered the eviction of two of Plaintiffs care providers, without Plaintiffs              notification, and since Plaintiff has no civil rights as the occupant of a residence provided for by his father on his fathers farm in              the view of Marion County decision, who has the power to affect Plaintiffs life through the actions their Code Enforcement              Officer took, when Marion Countys Agent ordered Plaintiffs father to evict Plaintiffs care providers, making it impossible for              Plaintiff to return home from the hospital without locating other live in care providers, Plaintiff feels Marion County is

obligated to do the following:

 

(3). Allocate Plaintiff all increased care provider expenses Plaintiff will incur as a result of said actions of Marion County Code Enforcement Officer upon his return home, to include the cost of two caregivers hired from an Employee Agency working two eight hour shifts, until two live in care providers can once again live in Plaintiffs residence, so Plaintiff doesnt have to allocate $15.00 to $20.00 an hour, 24 hours a day, hiring folks at an Employee Agency. Plaintiff would be responsible for hiring a third live in care provider, as this is the only affordable way Plaintiff has been able to survive in Oregon. In Home care

providers exchange a portion of rent and expenses as well as receive economic gain. For example, David Seadore and Plaintiff              spent time together throughout the day, was on call, helped Plaintiff when ever he needed something in the absence of another              care provider. Both his vehicles had no current tags, a thorn for the Code Enforcement Officer, exclaiming those vehicles must go              from the property or tag them. David Seadore received $2,000.00 in October 2015 from me, so why he didnt renew his license or              tag his vehicles only he knows, although his trucks right will was damaged and was not operational. From October 2014 to until

evicted in June 2016, David Seadore lived with Plaintiff and Plaintiffs Mexican Care Manager and Care Attendant, and together              with Plaintiffs father cared for Plaintiff until Sharon was located, moving in around June 2015, assuming night duties while              Plaintiff was sleeping on a short schedule in exchange for a residence. Also around the same time, David Sanchez arrived on the              property with his fifth wheel to live and watch the east side of the farm and me at night on many occasions, substituting rent for              assistance after the first month and received a $1,000.00 in revenue from Plaintiff. Live in care providers is made possible

through making deals with folks. David Sanchez left before the Code Enforcement Officer arrived on the property in late 2015,              but his fifth wheel remained until November 2015, as Plaintiff was informed folks cant stay in a motor home, trailer or fifth              wheel on a small farm in order to visit or care for a severely disabled person.

 

(4). Locate two live in care providers willing to live in Plaintiffs residence, and train them or make sure there CNA qualified, in advance of Plaintiffs arrival after his third operation in August 2016, or once released from Doctors Care at

the Veterans Hospital (live in care providers sometimes only do light lifting and small tasks, like giving Plaintiff, water, food,              cushion air adjustments for setting comfortably in Plaintiffs electric wheelchair, laundry, house cleaning to wheelchair              maintenance, to heavy lifting like standing Plaintiff on a hydraulic standing table, bathing, dressing to driving).

 

(5). If livein care providers cant be located, Pay a care health agency for two CNAs to provide attendant care for Plaintiff in his primary residence (where the Plaintiff care providers were living in his absence, do to medical reasons until evicted by Plaintiffs father, after being ordered to do so by the defendants agent of the Sheriffs Office, in threat of losing Plaintiffs hardship clause, Plaintiffs father evicted Plaintiffs care providers.) for two eight hour shifts for up to six months or the same number of days it takes to solve this case beginning when the Code Enforcement Officer ordered the eviction of Plaintiffs care providers as addressed by Plaintiffs father in his statement to an attorney at law, that does not represent Plaintiff.

 

(6). It is the Plaintiffs position, that the minute the Code Enforcement Officer ordered the eviction of Plaintiffs care providers from his primary residence through a third party, even though the third party was the owner of Plaintiffs

home, Marion County assumed responsibility of all economic hardship that Plaintiff faces , as a result of their Code               Enforcement Officers actions because Marion County Sheriffs Office failed to:

 

(a). Notify Tenant of residence of the hardship in question that he may have been in violation of any Code of Marion County that would allow the eviction of care providers of a 24 hour Quad absent from his primary residence for medical reasons in writing.

 

(b). Did not give Plaintiff the opportunity to show just cause for leaving care providers in his primary residence while away for medical reasons. It should be noted, the very reason for a medical hardship for a dwelling on property not zoned for dual residences, is to accommodate a severely disabled person and allow the individual to live next to a family member. Hence, everything Plaintiff has done and is doing revolves around medical treatment in order to live. Therefore the actions of the Defendants agent neglect the reason for obtaining a hardship clause.

 

(c). Marion County Code Enforcement Officer forced a third party to disrupt two peoples lives , folks living in Plaintiffs primary residence, without notification from the County in writing to the Plaintiffs tenants and or care providers, or Plaintiff that his caregivers must go in his absence, a dual status for anyone providing live in care as allowed by the Domestic Hiring

Act, that clarifies Plaintiff is not an employee when hiring folks for domestic Inhome care.

 

(d). Marion County failed to accommodate the Plaintiffs medical necessities but did collect the annual hardship clause renewal fee signed by a Doctor of plaintiffs own choosing.

 

(e). Marion County did not consider the economic hardship their Code Enforcement Officer inflicted on Plaintiff once                       Plaintiff returns home if live in care providers cant be located in time (Legal right to do so to be evidenced.).

 

D. Marion Countys evidences should clearly show they have no obligation to notify Plaintiff as the Tenant of a hardship clause dwelling and Plaintiffs primary residence, that Plaintiff was in violation of any such Oregon State statute, regulation or county code, regarding livein care givers not allowed to remain in the residence of the Plaintiff while Plaintiff was away seeking medical treatment to save his life.

 

4. Care Providers - It should be acknowledge by the Court and Defendant, that live in care providers for a disabled person requiring 24 hour care, are reliant on the residence as their home and the care providers duties and responsibilities take into consideration a reasonable deduction in care provider expenses and rent in exchange for various duties assisting Plaintiff both in the day and at night, working together with a primary Care Manager and Care Attendant providing morning care. Two care providers forced to leave actions was a hardship to them. It will require the Plaintiff now to remain in Mexico until Plaintiff can figure out how to locate live in care givers before Plaintiff can come home, after his August operation, remaining in the area of medical treatment until released with a clean bill of health hopefully the Plaintiff prays, and some how, two complete strangers, site of seen, no training, no meeting, just through, say a phone call or email, if and when such persons could be located, will be willing to live in with Plaintiff and provide care in Plaintiffs house for Plaintiff, arriving Plaintiffs house in advance of Plaintiff and everything will be just great. Wait a minute. Plaintiff does not even have that option as care providers are not allowed to stay in the Plaintiffs residences in the absence of the Plaintiff. The County does not take into consideration the difficult task in locating care providers in advance, while Plaintiff was home prior to seeking live saving operations.

 

5. Plaintiff’s 2015 and 2016 Medical, Health and Care related History

 

        A. Planned Period of absence from home : December 5, 2015 to May 5, 2016. Plaintiff spent almost a month in the hospital,         and was planning on going back home when released May 5, 2016, as Plaintiff had been away from home since arriving the         Emergency Room at the Veterans Hospital at La Jolla, California December 5, 2015 with another severe bladder infection.         Shortly after arriving, Plaintiff was admitted to the Regional Spinal Cord Injury Unit, and Plaintiffs primary health facility. After         being released December 21, 2015, Plaintiff was informed there were three 1 cm kidney stones in the right kidney and one stone         was stuck in between the bladder neck and kidney, causing the kidney to pass bacteria to the bladder through the urine. An         operation was scheduled for early February 2016. Upon arrival to Mexico, Plaintiff re hired his former employees to assist         Plaintiffs Mexican Care Manager and Care Attendant. Operation was postponed until April, during which time Plaintiff had one         severe episode of a bladder infection that was treated.

 

          (1). Background

 

     Plaintiff was do for his annual in January 2016 and was the reason he left his home in Jefferson, Oregon. Plaintiff could have   

     gone to the Seattle Washington Regional SCI Unit, but chose his primary health facility. Because Plaintiff was ill and didnt

     know why, he was seen by several Doctors and three urologists as well as visited emergency rooms at least five times in 2015,

     for bladder infections causing prestrike symptoms. By November, a second urologist, Doctor Kemp, felt Plaintiff had kidney         

     stones and ordered a cat scan, but Plaintiffs Workers Compensation Insurance Co., Arrowpoint Capital would not authorize

     the xray in time before Plaintiff became ill again, so Plaintiff split. After being told Plaintiff had to have kidney stones

     removed if he wanted to live, Plaintiff chose to stay near the hospital, so Plaintiff moved back in his Mexican Care Manager

     and Care Attendants Beach House 90 miles from the Hospital to wait for his surgery. Upon arrival to Mexico, Plaintiff re

     hired his former employees to assist Plaintiffs Mexican Care Manager and Care Attendant. Operation was postponed until

    April, during which time Plaintiff had one severe episode of infection that was treated.

 

        B. Plaintiff waiting for operation, scheduled by the Veterans Hospital, to include directed healing time between kidney stone         removal and prostate surgery, preempted by an emergency visit, that became plaintiffs SCI Unit Annual at his primary health         facility, regional Spinal Cord Injury (SCI Unit), undergoing a final operation in August 2016. After Plaintiffs plans were         changed by Marion County, Plaintiffs arrival home was postponed. Plaintiff manages his own affairs, contracting with folks to         provide Plaintiff attendant care 24 hours a day, relying on a minimum of three individuals and one Care Manager and Care         Attendant, who is a Mexican National at present, now going to school on Saturdays, living in Mexico with Plaintiff, working in         conjunction with three other care providers providing Plaintiff care in Mexico, at present:

 

Care Manager and Care Attendant:  Jose Heberto Gutierrez Castro

Care Attendants:  Daniel Dominguez , Noe Hernandez Sarmiento and Nohemi Valdez Zunigal;

 

             Economic hardship and increased expenses faces Plaintiff when he returns Home as a result of the actions of the Defendant and it              will be impossible for Plaintiff to return home without incurring increased care provider cost, cost that are factored in annually in              advance, funds set aside for a selected program that provided care for Plaintiff in his residence upon his return, travailing to the              hospital and residing in the area of the hospital. Plaintiffs care program spoken of failed when Plaintiffs care providers were              evicted by Plaintiffs father after being ordered to do so or else. Plaintiffs present care program is equal to his care program from              February 2008 to May 2014.

 

6. Relief – Marion County’s Code Enforcement Officer aforementioned alleged failures and what is believed to be an act of discrimination against the Plaintiff, give claim to Plaintiff’s charges or Plaintiff will receive a Summary Motion sighting the case was

dismissed do to Marion County evidences submitted to the court, giving Marion County the legal right to evict folks through a third party from their residence, where they perform duties and have responsibilities providing care for a severely disabled person absent from his primary residence for medical reasons, if the residence has a zoning hardship clause.

 

       A. Plaintiff’s does not have the ability to interview or train folks in Oregon from Mexico, nor adequately qualify anyone to provide    

            care for Plaintiff in his home until he returns home, thereby narrowing what Marion County can actually accomplish in behalf of     

            Plaintiff, therefore, $20.00 an hour do to minimum raise increase, is established as the wage Plaintiff must allocate to an            

            Employment Office for care providers on 8 hour shifts, until such time plaintiff can locate two to three 24 hour live in care            

            providers once Plaintiff arrives back home. As there are 30 days in a month, for the purpose of a demonstrated example to a

            monthly cost plaintiff will be forced to allocate at $20.00 an hour x 24 hours a day, equals $480.00.00 a day x 30 days,            

            totaling approximately $10,800.00 a month or 24 hours a day x 365 days, totals 8,760 hours x $20.00 an hour to be more            

            exact, for an annual amount of 175,200.00. Plaintiff receives $65,000.00 for care providers expenses. The difference is   

            $110,200.00.

 

      B. Plaintiffs burden is to have care providers care for him utilizing every means possible to include offering a home and income or

           just a home in exchange for care assistance and or household duties. If plaintiff expends $20.00 an hour, 24 hours a day, his           

           attendant care funds would be exhausted in 3,250 hours, requiring an additional 5,510 hours of coverage for the remaining months

           of a year. A 30 day month consist of 720 hours divided by 3,250 hours, roughly 4 and ½ months of coverage if plaintiffs cant

           immediately find two live in care providers. Marion County would be economically liable as part of any settlement until live in

           care providers are located, an amount consistent with increased expenses of care cost, Plaintiff will incur, as result of the actions

           of the defendant and are in addition to Plaintiffs rent and care provider allowance of $800.00 a month lost to Plaintiff while

           Plaintiff would be living with care providers from May 6, 2016 until his prostate surgery scheduled in August 2016, and after

           being released from the hospital, Plaintiff would return home as originally planned. From December 5, 2015 to February 5, 2016,

           Plaintiff planned on being away, but plans changed as did operations scheduling, staying until May 5, 2016, only then to realize,

           going home was no longer an option.

 

C. The Plaintiff seeks a determination by either Jurisdiction by a Magistrate Judge or Jury Trial, after examining the evidence to

     decide whether, by a "preponderance of the evidence," the Defendant should be held legally responsible for the demands/damages     

     Plaintiff has presented and aforementioned in this letter alleged by the Plaintiff and will incur upon his return home and or the

     minimum amount equal to a Disabilities Act violation of between $50,000.00 and $100,000.00.

 

7. Certification and Closing – The Defendant may call its own witnesses and can present any of its own independent evidence in an effort to refute or downplay the key elements of the Plaintiff's allegations, and the Plaintiff petitions this court to make Marion County’s Code Enforcement Officer, give good cause for their actions, sighting any particular statute or law they may choose to not be legally responsible for the Plaintiff's demands/damages, or that judgment for the Plaintiff is warranted under the circumstances, worthily of the courts attention.

 

8.  For Parties Without an Attorney – I agree to provide the Clerk’s Office with any changes to my address where case-related papers may be served. I understand that my failure to keep a current address on file with the Clerk’s Office may result in the dismissal of my case.

 

Date of signing: September 5, 2016.

 

Signature of Plaintiff ___________________________________________

Printed Name of Plaintiff:  Bruce Wayne  Henion

 

ATTACHMENTS:

 

Current Marion County Hardship Clause for Plaintiff’s Residence at 3339 Jefferson Scio Drive S. E., Jefferson, Oregon 97352, for Plaintiff, Bruce Wayne Henion.

 

Veterans Administration Identification card, Passport Card and Oregon Identification Card of Plaintiff.

 

Social Security Proof of Income Letter.

 

Veterans Administration letters confirming Veterans Benefits from 2014 to 2015.

 

Letter from the Veterans Administration explaining the Affordable Care Act (ACA) requirements for the VA to notify Veterans, that the IRS Forum 1095B qualifies the VA as adequate heath insurance.

 

Letters from the Veterans Administration confirming Plaintiffs Catastrophically disabled status.

 

Letter from Janelle Toelkes, Senior Claims Adjuster, ComPro, Inc., PO Box 12564, Salem, OR 97309 ((503) 485-2344 ext 304), representing Plaintiff’s Workers Compensation Insurance Company, Arrowpoint Capital, Donna Fuller, Claim Supervisor, 11390 SE 64th Avenue, Milwaukie OR 97222 ((503) 659-2104).

 

24Hour Attendant Care Settlement, Self Management of Care.

 

Spinal Cord Injury Unit, La Jolla, California Medical Chart Notes for the periods 5 to 21  December 2015 (Bladder Infection and Annual), April to 5 May 2016 (Kidney Stone removal through the right kidney) and scheduled prostate surgery in August 2016.

 

Certificate of Service delivered through U. S. Postal Service - Letter to Marion County Legal Counsel; Attention: Gloria M Roy, Marion County Board of Commissioners and Marion County Code enforcement Office, P. O. Box 14500, Salem Oregon 97309, that included the following:

 

Ref.: Code Enforcement Officers conversation with David C. Henion, plaintiff’s father

Encl (1): Letter from David C. Henion’s statement sent to an attorney at law

Encl (2): Letter Bruce Wayne Henion posted on the Governor of Oregon’s facebook

and posted on various facebook sites within the GOP and Donald Trumps facebook on May 6, 2016, Plaintiff’s web site at Presidential Material http://www.usscoralseacvb-cva-cv-43ppt.us/index_files/Page5304.htm and R. Lee Ermey's SOUND OFF Forum at Baman47 Health 2016 http://rleeermey.org/viewtopic.php?t=30014

 

 

 

 

 

 

 

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

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

Part I of IV

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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.

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

 

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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

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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)

 

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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