Davis et al. v. Multnomah County et al.

If you received a Notice addressed to you, it is because you have been identified as a class member in a class action called Davis et al. v. Multnomah County et al., Case No. 3:20-cv-2041-SB.  The notice explains that a court has certified the case as a class action that may affect you if you were detainee or inmate at Multnomah County Detention Center and exposed to tear gas or other chemical agents between May 29, 2020, and July 29, 2020.  If this describes you, you may have legal rights and options before the court makes any decisions on the merits of this matter.

In a class action, one or more people called “class representatives” (in this case, Theresa  Davis, Rashawd Duhart, Robin Lundy, and Sean Berglund) sue on behalf of others who may have similar claims.  The lawsuit is intended to resolve the issues for all class members, except for those who choose to be excluded from the class.  All class members who do not choose to be excluded are bound by the results of the lawsuit.

In this case, several current and former detainees and inmates at Multnomah County Detention Center, including Theresa Davis, Rashawd Duhart, Robin Lundy, and Sean Berglund, have sued Multnomah County and individual county officers, claiming that the County and its officials violated their Eighth Amendment and Fourteenth Amendment rights and negligently caused them harm by failing to take steps to protect detained people from teargas and other chemical agents that entered the Multnomah County Detention Center during the protests that took place between May 29, 2020, and July 29, 2020.  The lawsuit is proceeding as a class action.

You can view case documents, including the current complaint and the defendants’ current answer, at the “Documents” section of this website.  You can also learn more about the case by contacting the lawyers for the class, whose contact information appears in FAQ number 4.

The court has appointed the following lawyers to represent class members:

David F. Sugerman
Nadia H. Dahab
SUGERMAN DAHAB
707 SW Washington Street, Ste. 600
Portland, OR 97205
503-228-6474

Jane L. Moisan
PEOPLE’S LAW PROJECT
808 S.W. 4th Ave. #221-3789
Portland, OR 97204
971-258-1292

Gabriel Chase
CHASE LAW, P.C.
621 S.W. Alder Street, Ste. 600
Portland, OR 97205
503-294-1414

Joe Piucci
PIUCCI LAW LLC
900 SW 13th Ave, Ste. 200
Portland, OR 97205
503-228-7385

Christopher A. Larsen
PICKETT DUMMIGAN MCCALL LLP
210 SW Morrison St., 4th Fl.
Portland, OR 97204
503-227-5350

Michelle R. Burrows
MICHELLE R. BURROWS P.C.
1333 Orenco Station Parkway # 525
Hillsboro, OR 97124
503-241-1955

 Please call any of the attorneys listed above with questions about the case or this notice.  Depending on your location, you may also be able to use the toll-free number below to request more information.  Please do not call the defendants or the court.

Case Hotline: (888) 224-1156

If the class prevails or the case settles, the court will decide whether and how much the lawyers will be paid for their work and reimbursed for expenses.  Attorneys’ fees and expenses may be paid out of the class recovery.  You will not owe money for attorneys’ fees or costs if the lawyers for the class do not win or obtain a settlement.

No.  The court has not decided whether the defendants did anything wrong, or whether any class members are entitled to any relief or damages. The lawyers for the class have the burden of proving the plaintiffs’ and the class’s claims at a trial.  The trial has not yet been scheduled.  During the trial, a jury will hear the evidence so that a decision can be reached on the claims.

Plaintiffs seek to recover money damages from the County and its officials.  No money damages have been awarded at this time.

If the lawyers representing the class obtain money damages for the class, they may also ask the court for attorneys’ fees, costs, and expenses.  If the court grants their request, the fees, costs, and expenses may be deducted from any recovery obtained for the class or paid by the defendants.

At this time, no judge or jury has concluded that any defendant did anything wrong.  There has been no decision on the merits of the claims.  If you are a class member, however, you have a choice to make now:

If you do nothing now, you will be included in the case and will remain a member of the class.  You will be bound by any decision made in the case.  You may later be required to file a claim form or participate in part of a trial.

If you do not wish to be included in the class, and instead wish to be excluded from the class, you must do one of the following:

1. Send a letter requesting to be excluded from the class to the address below, postmarked by 9/19/23.
   
   
   Davis v. Multnomah County Notice Administrator
   c/o Settlement Services, Inc.
   P.O. Box 10269
   Tallahassee, FL 32302-2269     

2. If you have access to the Internet, you can complete the “Exclusion Request” Form” available on this website.  The form must be completed by 9/19/23.

If you retained your own lawyer or filed a separate lawsuit for harm caused by teargas or other chemical agents while detained at Multnomah County Detention Center, you might choose to exclude yourself to pursue your own case.  You should discuss this with your lawyer.

If you exclude yourself from the class—which is sometimes called “opting out” of the class—you will not be legally bound by the court’s judgment in this case.  You will retain your rights to file a claim independently.

If you pursue your own lawsuit after you exclude yourself, you may need to hire your own lawyer to prove your claims in that suit.

If you stay in the class, you do not need to hire your own lawyer, because the lawyers appointed by the court are required to represent your interests.  But, if you want your own lawyer, you should feel free to hire another lawyer to represent your interests.