Crime Victims

School Assaults-Avoidable Tragedies

School-yard fights are nothing new.  There have probably been fights at school since the first school opened.   However, it appears the fights are getting more serious.  Teenagers are displaying a new level of brutality to others.   What was once a school yard fight between two kids has become a scenario where numerous kids are jumping one kid, or the kids are fighting with weapons.   These attacks can have tragic results. 

I recently read an article about the young girl that was brutally beaten to death in a high-school bathroom.    Witnesses note that the fight initially started out between the deceased victim and another girl.  Then other girls joined the fight to attack the victim.  Within minutes the deceased victim was beaten to death in a high-school bathroom.  

The question becomes what do we do to prevent these incidents.   I recently settled a case against an Oregon educational institution where a young woman was attacked by a young man.   While investigating that case it became apparent that young people are not going to be safe at school.  Security Officers are only as good as the people that train them, and the budget won't permit hiring more security. Teachers rely on security and law-enforcement to address any violent actions, and may not want to deal with the problem children.  Despite having security and law enforcement on many campuses the brutal attacks persist.   Many of these on-campus attacks could have been prevented or stopped before things became serious if people were simply doing their jobs.

If you, or someone you know, has been attacked at school you should call a lawyer to hold all people accountable.  Many times the lapses in security will not be addressed until the schools are forced to due to media pressure or pressure from a lawsuit.   Jeremiah Ross at Ross Law LLC is happy to discuss whether or not you may have a civil case against the responsible parties.  Please call 503.224.1658 to chat with Jeremiah.    

PLEASE NOTE THAT THIS BLOG IS AN ATTORNEY ADVERTISEMENT.  Your case maybe unique so please contact a lawyer and do not rely solely on the contents of this blog. 

Visitors Fed Up With Localism Use The Law To Fight Back

Many people perceive surfers as being a mellow peaceful friendly group of people.   However, there is also an ugly side of the surfing community.  Many local surfers use violence, threats, intimidation, vandalism and even sexual abuse to drive off other surfers.   These "locals" fear there are not enough good waves for everyone, so they use these tactics to ensure their local waves do not become overcrowded.  As a surfer myself, I have witnessed localism all up and down the West Coast.

A recent LA Times article chronicles the what happens when localism goes unchecked.   The article focuses on the "Bay Boys" in Palos Verdes Estates, Ca.   The Bay Boys is a group of surfing men that come from wealthy backgrounds that have lived and surfed Lunada Bay for years.   They are known as being notoriously hostile to visitors and any surfer that is not known to them.   They constantly verbally abuse visitors, throw rocks at them, and use whatever means necessary to keep people from surfing Lunada Bay.  Law Enforcement is often of little help and does little if anything to hold the Bay Boys accountable for their actions.

 

People finally got sick of the Bay Boys' antics and have filed a Class Action Lawsuit against them in an attempt to restore law and order to Lunada Bay.   The lawsuit is seeking to prevent the Bay Boys from congregating at Lunada Bay and will force the police to investigate incidents at Lunada Bay.

If you are the victim of a crime and would like to know your rights and remedies against the wrongdoer, please call Portland Oregon Attorney Jeremiah Ross.  Please call Ross Law LLC at 503.224.1658.  Also, please remember this post is for informational purposes only.   If you have any questions related to the law or the issues in this post please call a lawyer.  

 

 

JEREMIAH ROSS HONORED BY OREGON STATE BAR

Jeremiah Ross received a Certificate of Appreciation from the Oregon State Bar for his service on the Oregon State Bar Uniform Civil Jury Instructions Committee.    The committee is responsible for drafting instructions Oregon Judges and lawyers use to educate the jury on points of law.

 

If you need assistance with a legal matter, call Oregon Trial Attorney Jeremiah Ross at 503.224.1658.  He is happy to help people injured by negligence of others, crime victims, and consumers.

ROSS LAW FEATURED IN NEWS ARTICLE REGARDING NEGLIGENT MENTAL HEALTH CARE

Jeremiah Ross was recently featured in an Astoria Oregon Newspaper article.

The Full article is below:

Family pursues legal action over suicide

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By Derrick DePledgeThe Daily Astorian

Published:November 4, 2015 8:10AM

SUBMITTED PHOTOA makeshift memorial under the Astoria Bridge honors Carrie Barnhart, who committed suicide in April.

SUBMITTED PHOTO

A makeshift memorial under the Astoria Bridge honors Carrie Barnhart, who committed suicide in April.

Family believes death was preventable

The family of the woman who jumped from the Astoria Bridge in April is preparing a lawsuit against Clatsop County and Clatsop Behavioral Healthcare, alleging her suicide was preventable and that the county and the private mental health provider failed statutory and moral obligations to protect her from harm.

Carrie Barnhart, a 54-year-old mother of six, had chronic mental illness and committed suicide a week after Astoria Police pulled her from the bridge after midnight and took her to Columbia Memorial Hospital, where she was evaluated by Clatsop Behavioral Healthcare and released after two hours.

Astoria Police had responded to suicide threats from Barnhart four times between January and April, and her family disclosed several other instances over the previous year where she had threatened to kill herself.

In a tort claim notice filed in October, Jeremiah Ross, a Portland attorney for the Barnhart family, argues that state law imposes obligations on the county, Clatsop Behavioral Healthcare and others to protect the mentally ill from harming themselves. The notice, a precursor to a lawsuit seeking damages, was also sent to Lincoln County and Benton County, where Barnhart received mental health treatment, and the Oregon Health Authority, which oversees mental health services statewide.

“Ms. Barnhart lacked the mental capacity to protect herself from harm, and Oregon law prescribes safeguards to protect her from harming herself,” Ross wrote. “From the record, it becomes apparent adequate safeguards were not in place. People and entities were not doing their jobs.”

Deficiencies in mental heath care

The notice refers to deficiencies at Clatsop Behavioral Healthcare — many of which were documented by The Daily Astorian in August — and the fact that the county renewed a contract with the private provider to administer mental health programs despite being aware of the criticism.

Ross highlighted an April email from Scott Somers, the former county manager, who, after reading about Barnhart’s suicide, wrote to a colleague that it sounded “like another case of denying admission to someone in need. This is the consistent message we’ve been hearing.”

“CBH’s failures made Carrie Barnhart’s suicide inevitable, because Ms. Barnhart’s suicide, ‘was another case of denying admission to someone in need,’” Ross wrote in the tort claim notice.

The state Office of Adult Abuse Prevention and Investigations is conducting an investigation into Barnhart’s death. The state could not immediately be reached for comment Tuesday about the status of the investigation.

Clatsop County forwarded the tort claim notice to Citycounty Insurance Services in Salem, the county’s insurance carrier. Clatsop Behavioral Healthcare is reviewing the notice with counsel and had no further comment.

Committed to improving care

In August, Sumuer Watkins, the executive director of Clatsop Behavioral Healthcare, told The Daily Astorian in a written statement that the agency is committed to improving crisis-response services.

A crisis respite center being planned for Warrenton is expected to provide an alternative to jail or hospitalization, a potential safety valve that could help prevent patients like Barnhart from being released too early.

Mental health treatment is a challenge across Oregon, particularly in rural parts of the state, but Barnhart’s suicide called attention to the persistent gaps in Clatsop County, where the two major hospitals — Columbia Memorial Hospital and Providence Seaside — are not certified to provide involuntary care, custody or treatment for the mentally ill.

District Attorney Josh Marquis said in July that the county is in crisis on mental health. Astoria Police Chief Brad Johnston and several of his police officers have also been exasperated that mental health intervention too often falls to law enforcement.

Struggle with mental illness

The tort claim notice outlines Barnhart’s struggle with mental illness in greater detail than her family had previously disclosed publicly.

Barnhart, according to the notice, had been brought to Columbia Memorial Hospital and Clatsop Behavioral Healthcare’s attention in November 2014 because she was having hallucinations. She was transferred to Good Samaritan Hospital in Corvallis in Benton County for treatment.

The notice claims Barnhart was released in December 2014 to her family’s trailer in Toledo, in Lincoln County, but that neither Benton nor Lincoln counties provided follow-up services.

After her family brought Barnhart back to live in Astoria, she drew the attention of Astoria Police, Columbia Memorial Hospital and Clatsop Behavioral Healthcare in January after she cut her neck with a knife. She was transferred to Salem Hospital for care.

After two more suicide threats in January — one where Astoria Police learned she had been hearing voices telling her to jump off the Astoria Bridge and another where police found her on the bridge — she was again taken to Columbia Memorial Hospital, evaluated by Clatsop Behavioral Healthcare and transferred to Good Samaritan in Corvallis.

Barnhart was eventually discharged from the hospital and returned to her family in Astoria. Police intercepted her on the bridge one last time before she finally carried out her suicide plan in late April.

‘Cracks in the system’

While the tort claim notice foreshadows a complaint for monetary damages, Ross said the family wants answers about what happened to Barnhart.

“A lot of it is about getting answers and trying to hold some people accountable,” Ross said.

Artanya Barnhart, Barnhart’s daughter, said she wants to ensure that “this doesn’t happen to another family and that family has to go through this senseless pain.

“I just think there are cracks in the system and it needs to be fixed.”

SAFETY AND UBER-IMPOSTER UBER DRIVERS POSE DANGER TO PUBLIC

SAFETY AND UBER-IMPOSTER UBER DRIVERS POSE DANGER TO PUBLIC

A recent Oregonian article highlights the various concerns about UBER and similar ride-share services.  Recently a young woman was waiting in front of  a Portland Oregon bar.  She had used her UBER phone app to request an UBER pick her up.  A large male driver appeared and asked her if she was waiting for an UBER.  She confirmed she was.

FEDERAL COURT RULES JOB CORPS CONTRACTOR NOT A INSTRUMENTALITY OF US FOR REMOVAL

Earlier this year Ross Law LLC and Portland Oregon Attorney Jeremiah Ross prevailed in a legal battle against a government contractor who claimed it should be  entitled to the same rights and remedies as the United States Government. The case involved a sexual abuse assault of a student who was raped at a Job Corps Center.

The link below is to the Magistrate’ s Opinion.

Order to Remand and For Attorney Fees

If you have any questions related to litigating against a Job Corps center, or are a crime victim at a Job Corps center please call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658.

OREGONIAN ARTICLE REGARDING SEX ABUSE CASE FILED BY ROSS LAW LLC

Springdale Job Corps sued for $7.5 million after security guard rapes student, 20

Aimee Green | The Oregonian/OregonLive
on September 05, 2014 at 7:00 AM, updated September 05, 2014 at 9:47 AM

A 20-year-old woman who was raped by a security guard while she was passed out drunk at her school, Springdale Job Corps in Troutdale, filed a $7.5 million lawsuit this week.

According to the suit and court papers filed in the criminal case against former security guard Gerard Matthew Rudich, the woman had attended an off-campus party on Oct. 27, 2012, when she became so intoxicated that she vomited. She phoned Rudich to give her and some other students a ride back to the 52-acre campus, 31224 E. Historic Columbia River Highway.

Rudich, who had given rides to students in a school van before, retrieved the students and sent all but the woman back to their dorm rooms, the suit says. He asked the woman to blow into a breathalyzer, which at 2:15 a.m. recorded her blood alcohol content at .17 percent.

The woman repeatedly lost and regained consciousness — awakening at one point to find Rudich raping her in the security building, the suit claims.

Rudich, 57, pleaded guilty in Multnomah County Circuit Court to first-degree rape and was sentenced last month to more than eight years in prison.

The lawsuit seeks damages from both Rudich and the operators of the school, including Chugach World Services Inc. and Management & Training Corp.

A Chugach spokesperson released this statement: “The health and safety of our people, including the students at Springdale Job Corps Center, is our highest priority. Because the situation involves litigation, I cannot discuss the matter in any further detail.”

The school’s website describes it as a “no-cost education and career technical training program administered by the U.S. Department of Labor” for students ages 16 to 24.

The suit faults Job Corps for allegedly hiring Rudich without certification as a security guard from the Oregon Department of Public Safety Standards and Training. The suit states DPSST might not have certified Rudich because of his criminal history, which included prostitution in 1992 and fraudulent use of a credit card in 1982.

Rudich, a Southeast Portland resident, had been married for more than 35 years at the time of his arrest. He has at least two adult children and is a military veteran who was honorably discharged.

The lawsuit was filed in Multnomah County Circuit Court by Portland attorney Jeremiah Ross.

— Aimee Green

If you were the victim of a sexual assault it is important to know your rights and remedies. Please call Portland, Oregon Attorney Jeremiah Ross at 503.224.1658  to discuss your options.  A crime victim should never feel alone, and you deserve answers.

SAFETY TIPS WHILE RIDING WITH UBER OR OTHER RIDE-SHARE DRIVERS…

I previously posted on the various issues with Uber Drivers that may arise in Portland.  Sexual Assaults, Rape, Assaults, and Kidnappings are all legitimate concerns everyone should have when they enter an Uber car or other Ride-Share car.   Below are a few tips that may or may not be of use to you if you are riding an ride-share car alone, but should get you thinking about your safety while in a ride-share Car.  These tips are not tested and proven and are generally based on common sense, so take them with a grain of salt.

Things to Do before You Enter a Ride-Share Car:

  1. Contact another person letting them know you are going to usea particular ride share  service (Uber, Lyft, Etc.) and your present location.
  2. Contact another person letting them know where you intend to go and how long you expect it will take once you are in the car.
  3. If possible, arrange for the car to pick you up in a lighted area that is near a main road or where other people are around.
  4. Zip your purse or backpack up and ensure all of your belongings are secure before you get in the car.
  5. Keep your cell phone in your hand at all times.

What to do Once In the Uber Car or other Ride-Share Car:

  1. Sit in the Back-Seat passenger side.
  2. Sit in the Back-Seat passenger side.  This is  not a double post, but it is important that you remember that you should never sit in the front seat of the car.   Sitting in the back passenger seat may allow you the extra time to get out if needed and is the furthest away from the driver.
  3. Keep your cell phone on and in your hand at all times.
  4. Buckle your seat belt.
  5. Take note of the driver’s appearance, actions, and name.  Uber should have the license plate number and driver info, but you want to take a mental note of the driver in case the unthinkable happens. Notice how the driver looks, any features such as glasses, an earring, or tattoos.  Also, listen to how they speak.  Does the driver have an accent?  Does the driver sound impaired?  All of these things may assist the police if the unthinkable happens.
  6. If you think the driver is creepy or acting strange, don’t get in.
  7. If you get a creepy feeling about the driver and the car is in motion, it may help to call someone just to chat with them and let them know you are in an Uber Car and your current location.  Even if another person is not on the other end of the call, this may deter an assault.
  8. Keep the window cracked near where you are sitting.  This may allow a person to hear you scream in the event the driver attempts to assault you.
  9. Keep all of  your belongings with you, so you can immediately grab them and leave if needed.
  10. If you get a creepy feeling you should exit the car in a well lit crowded area if possible.
  11. If the driver makes any unwanted advancements or is acting scary, do not be afraid to call 911 and leave the car immediately.

When in doubt Call 911.  If you have been sexually assaulted, assaulted, raped, or harassed call 911 immediately.   You may be able to prevent the perpetrator from assaulting others if you act quickly.   The tips above are by no means an exhaustive list.  The tips are meant to get you thinking about your personal safety while riding in an Uber car or other Ride-Share car such as Lyft.

If you were sexually assaulted, assaulted, raped, or harassed while in an Uber Car call 911 and then call Jeremiah Ross and Ross Law LLCat 503.224.1658.  A s a former Deputy District Attorney and a Portland Oregon Attorney that deeply cares about victim’s rights, Jeremiah will fight to ensure you receive answers, your rights are honored, your voice is heard, and you receive the compensation for the hell this has caused you.

Please remember this post is for informational purposes only.  Please consult with a security expert if you have further questions relating to how to protect yourself in every situation involving a ride-share driver.