Crime Victims

Sexual Assaults, Assault, Battery-Civil Law Can Help When The Criminal Justice System Fails

Many people have heard the story of Brock Turner.  Turner was a all-star swimmer at Stanford.  He was also a sexual predator that raped a young unconscious woman.  The story hit national news, because the judge went lenient on Turner.  Turner served three months for raping a woman.  The victim wrote a scathing letter regarding the light sentence. I think most people would agree the criminal justice system failed the young woman in that case.  

Despite the Criminal Justice system failing, the young woman still has options.    She can file a civil lawsuit against Turner for sexual assault, assault, intentional infliction of emotional distress. If she won, Turner would have to pay her for the hell he caused her.  Also, Stanford or another organization may be civilly liable if they knew Turner had a propensity to sexually assault women, but ignored it.  Others may be liable too.  For example, if Turner was heavily intoxicated and was over-served then whoever over-served him alcohol may be civilly liable.  What all this means is that the young woman can use the Civil Justice system to hold each and every person and entity accountable for their actions and inaction that lead to her rape.  That means she can sue for money damages to compensate her, and punitive damages (damages to punish people) as well.  

People may say that Turner may not be worth suing because he is not going to have any money.  He is now known as a sexual predator, so he is not going to have a successful career.  However, a lawyer may still take the case in hopes that Turner will be forced to pay.  He is young and his wages may be garnished for decades.  Arguably his debt for the rape couldn't be discharged in bankruptcy.   More importantly, every month he will be reminded of the hell he put this woman through when he sees a certain amount of money coming out of his bank account.  

The Justice system is NOT perfect.  Mistakes will be made and there will be injustice.  However, people need to remember that the Civil Justice System should be a valuable tool for victims of sexual assault, rape, assault, and battery.  Although being awarded money damages will not bring the victim Justice, it may help soften the blow. 

If you or someone you know has been a victim of Rape, Sexual Assault, Assault, or Battery, call Portland Oregon Crime Victim Attorney Jeremiah Ross at 503.224.1658 for a free consultation.   I am  happy to explain the process to you at no cost.  Please call Ross Law LLC to learn your victim's rights and hold all wrongdoers accountable.  

 

Jeremiah Ross selected as a Top 100 Trial Lawyer

The National Trial Lawyers selected Jeremiah Ross as a Top 100 Trial Lawyer.   The organization recognized Jeremiah Ross for his work as a Personal Injury Attorney and Consumer Lawyer.  You can read more about The National Trial Lawyers at The National Trial Lawyers web-site.

The National Trial Lawyers

 

 Jeremiah Ross represents Oregonians in Personal Injury cases, Crime Victims, and Oregonians consumer cases.   Feel free to call Jeremiah Ross at 503.224.1658 to discuss your case. 

Uber Sexual Assault Survivor Fights Back and Sues Uber

I have previously posted about safety issues with Uber, Lyft, and other ride shares.  These ride share programs market themselves as a safe alternative to getting around town. However, that is not always the case.  A Los Angeles woman was brutally raped by an Uber driver that picked her up.

 

She is fighting back and filed a lawsuit against Uber for its failure to conduct a background check.  Currently Uber simply has an on-line application process and hires a company to run cursory criminal record checks.  Therefore, if for whatever reason the criminal records check doesn't pick up an issue then passengers are put at risk of being assaulted, raped, or drugged by a ride-share driver.  These lawsuits are necessary to force the ride-share programs to take pro-active steps to discover any possible issue with their drivers.   For more information about the Los Angeles case click here:  LA Times Article.

If you or someone you know has been assaulted, sexually assaulted, or raped by a ride share driver then please call the police immediately.  If you have questions about your civil rights and your rights as a crime victim, please call Jeremiah Ross at 503.224.1658.  It won't cost you anything and you should know your rights.   

Sexual Assaults and Taxis-Be Careful Portland

I have previously written about young women that have been sexually assualted and raped by Uber and Lyft drivers.  However, Uber and Lyft drivers are not the only drivers to be concerned with, Taxi Cab drivers can take advantage of a vulnerable person resulting in rape, robbery, and assault. 

This is not a new thing.   In law school my wife clerked at the San Francisco District Attorney's office.  She worked on a terrible case where a San Francisco cab driver picked up a young intoxicated woman from a nice area of town.  The driver then drove the woman to a secluded area and brutally raped her.  He then put her in the trunk of the taxi cab and dumped her body in seedy area of town.   I remember that case, because I had never thought how vulnerable an individual can be when we accept rides from strangers.  Sure the drivers may be "professionals" and may have passed a background check, but that won't weed out all of the bad apples.

Do not sit in the front seat of a Taxi if you are riding alone with the driver!

 

Recently here in Portland Oregon another young college student was sexually assaulted by a taxi driver.   The story is similar to the case in San Francisco.  The young intoxicated woman was trying to get home.  The cab driver saw her and offered to take her home.  The cab driver then claimed his GPS wasn't working, so he asked her to get in the front seat so she could provide him directions to her home.  She complied with the driver's wishes, and the cab driver began to drive around for a very long time.  Then he sexually assaulted her.   The young woman will be emotially scarred for life and the driver only ended up getting 10 years in prison. (Oregonian Story)

Portland is a friendly city, so sometimes we have a false sense of security.  However it is important to remember you need to be cautious when using taxi cabs and ride share programs.  Do not get in the front seat with the driver if you are alone.  Always have a cell phone with you and text someone when you get in the vehicle and let them know when you expect to arrive home.   Remain vigilant, and remember the cab company or rideshare company may have been negligent when they hired this person.  

If you have had the horrible experience of being sexually assaulted in a taxi cab, uber car, or lyft car please call Jeremiah Ross at Ross Law LLC to discuss your victim's rights and options. Jeremiah is always willing to discuss your rights as a victim and who may be accountable. The driver's employers may be culpable, so it is important to discuss your case with an attorney to hold everyone accountable and prevent sexual assaults from occuring in the future.   Please call Portland Victim's Rights attorney Jeremiah Ross at  503.224.1658. 

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.”