Escolar Documentos
Profissional Documentos
Cultura Documentos
NORTHWEST, INC.,
Defendants.
DEPOSITION OF
DIANE LOGHRY
Taken in behalf of Defendants
* * *
July 28, 2008
1211 S.W. Fifth, Suite 1900
Portland, ,O,r,egon
Shannon K. Krska, CSR
court Reporter
121 sw Morrison s t , Suite 850
4 0 0 Colurnb~a,Su~te1 4 0
Vancouver, WA 98660
Shtt&Lehmann,Inc. Portland, OR 97204
C O U R T R E P O R T E R S
13601
,~ , 695-5554 (5031
. . 223-4040
Fax (360) 695-1737 www.slreporting.com siinc@qwestoffice.net
Diane Loghry, 7/28/2008 Chasse v . Humphreys, et al.
APPEARANCES :
For the Plaintiffs: MR. THOMAS M. STEENSON
Attorney at Law
8 1 5 S.W. Second, Suite 500
Portland, OR 9 7 2 0 4
Ms. Back 73 - 86
Mr. Steenson 86 - 89
Ms. Dunaway 89 - 90
EXHIBITS
No. 303 Diagram
21 accident.
22 Q. Okay. About how long ago was that?
23 A. Maybe three years ago.
24 Q. Okay. Well, there's really three main
25 things to remember about a deposition. First thing is
9
1 A. I do, although my card's not currently
2 current.
3 Q. Have you ever had to use those - - the skills
4 that you learned in those trainings?
5 A. CPR?
6 Q. Well, CPR or first aid.
7 A. I've had to use some basic first aid, yes.
Q. What kind of situations did you have to use
the first aid training in?
A. Typically with - - with young children if
they bump their head or they've cut something, I've
had to, you know, administer aid at that point.
Q. Have you ever had to call an ambulance?
A. For a student?
Q. Right.
A. No.
Q. Have you ever had to call an ambulance for
anybody else outside of your work?
19 A. Yes.
2o Q. You have.
21 What was that situation, just generally?
22 A. I called an ambulance when my father was
23 dying and I called an ambulance when my son was having
24 a severe croup attack.
25 Q. And was that in Vancouver?
A. Yes.
Q. Do you remember anything about that
training?
A. I took an adversive therapy training
workshop and how to communicate with someone who is
out of control or out of - - where their behavior is
impacting a situation.
Q. Now, was the -- the thrust of that training
about how to establish some rapport and communication
back and forth with that person?
A. That was a component of it.
Q. And was the - - was part of the purpose an
effort to get that person to maybe focus and try to
bring their level of, I don't know, anxiety or crisis
down somewhat?
A. Yes.
Q. And was that specifically directed at young
children?
A. It wasn't specifically for young children.
It was school-aged children.
Q. M-hm.
Have you found that you've had to use what
skills you picked up in that training in your work?
A. Yes.
Q. Can you describe for us generally when - -
A. Yes.
Q. Any others?
A. No.
Q. Any other documents I meant.
A. No.
Q. Okay. Have you talked to any lawyers about
these events involving Mr. Chasse?
A. About the events or about this deposition?
Q. No, about the events.
A. No, I have not talked to any attorneys about
the event.
Q. Now, talked to some - - I'm guessing you
talked to some lawyers, somebody about this deposition
itself. Is that right?
A. Yes.
Q. Which ones have you talked to?
A. I believe I spoke with you and I spoke with
you. So Miss Back and, I'm sorry, I forgot your - -
Q. Mr. Steenson.
Or you're gesturing towards Mr. Steenson. I
assume that's who you're talking about?
A. Yes, this gentleman to my right.
Q. And in either of those conversations, did
you discuss more than the - - just the sort of the
timing and place arrangements for the deposition
A. Yes.
Q. - - is that right?
And you were there with Ms. Gaylord; is that
right?
A. Yes.
Q. Okay. And were y'all having anything to
drink that day?
A. Yes.
Q. What were you drinking?
A. I think I had a martini.
Q. Now, let me premise my remarks by saying I'm
not trying to embarrass you or give you a bad time and
an end as a struggle?
A. Well, they got him down on the ground and he
was struggling and then he stopped and then you just
heard him moaning and he was - - and they kind of
pulled off of him. And at that point, that's when the
paramedics came in.
Q. Now, did you see the officers put any kind
of restraints on Mr. Chasselshands or arms?
9 A. He appeared to be restrained at both the
10 feet and the arms.
11 Q. Can you describe for me what the devices
12 used to restrain him, what they looked like? Could
13 you tell?
A. I couldn't tell.
Q. Did his feet - - whatever was restraining his
feet, did it appear to be attached to whatever was
restraining his hands?
A. He - - he appeared to be not in a typical
position. It was almost like he was trying to curl up
into a fetal, but his legs were up behind him and his
hands were up behind him, but he was trying to cover
his - - his midsection.
Q. When you say his feet were up, do you mean
his knees were bent?
A. Yes.
A. No.
Q. - - or any device like that?
Now, as I understand what you're telling me,
Mr. Chasse stopped struggling and then soon thereafter
the paramedics arrived?
A. M-hm.
22 Q. Was it - - was it instantaneous or was it
23 within a few seconds or can you estimate how long
24 between the time you noticed him to stop struggling
25 and when you see the -- and when I say the
33
11 Q. - - patrol car?
12 A. - - bend of the knee, yes.
13 Q. So when you say he was not walking on his
14 own volition, was he walking at all or did they have
15 him entirely lifted off the ground so he wasn't
16 touching the ground?
17 A. They had him off the ground.
18 Q. Did you hear any of the interaction between
19 the officers and the people from the ambulance?
20 A. No.
21 Q. Now, you said that you thought they were
22 going to take him to the ambulance but they took him
23 to the patrol car. Right?
24 A. Yes.
25 Q. Were you surprised by that?
officers?
A. The officers.
And they went down hard onto the ground.
Q. Okay. Now, I donrt want you to
misunderstand me. I'm not trying to get you to change
your opinion, but I'm - - I am interested in trying to
understand it as best I can. So when you said just
now you said it appeared they used excessive force to
bring Mr. Chasse to the ground, can you elaborate on
that a little bit for me and tell me what you mean by
excessive force? Was there something you thought they
could have done differently or should have done
differently?
A. Well, I couldn't speak to what I think they
should have done - - or what - - you know, what - - I
wasn't the person doing that.
Q. M-hm.
A. But it appeared to me that there were three
guys on one guy and he wasn't very big and they took
him down pretty - - very hard.
Q. Did you observe the officers to do anything
that, in your opinion or your observation, appeared to
be gratuitous, like something they were just doing for
the hell of it, or did it look to you like once they
had him down and restrained they were off of him, or
18 A. M-hm.
19 Q. - - did you have any verbal contact with any
20 officer?
21 A. No.
22 Q. Didn't hear anything any officer said?
23 A. NO.
24 Q. Did you see any blood on Mr. Chasse?
25 A. I did not see blood, no.
A. Yes.
Q. - - that they did?
A. Yes.
Q. Did you receive any training in regard to
how to restrain the children?
A. Yes.
Q. And where did you receive that training?
A. It was through a workshop put on by the
district.
Q. And who did the training? I mean, you said
the -- but specifically you said the school district,
but what was the background - -
A. I can't remember. I can't remember who it
was. I'd have to go back and look and see.
Q. Was it someone from - - with a law
enforcement background?
A. It was not somebody with a law enforcement
background I don't believe. It was somebody that was
an educational consultant with training in dealing
with difficult children.
Q. And how long ago did you receive that
training?
A. 15 years ago.
51
1 that he wasn't in the classroom causing harm to other
2 children, and then I had to restrain him again, a
3 second time, in the class -- in the principal's office
4 because he was continuing to be out of control.
5 Q. And how old was he?
6 A. Six.
7 Q. And I believe that you said that the group
8 of children that you were using these restraints on
9 were in the age group of, say, three to seven - -
10 A. Yes.
11 Q. - - is that right?
12 And you said you're five ten?
13 A. Yes.
14 Q. So I'm assuming none of these children were
15 bigger than you?
16 A. (Shakes head. )
17 Q. Okay. When - - when the group was still
18 running, were you able to make out anything that
19 Mr. Chasse was saying?
2o A. I heard him say no, no.
21 Q. So as he's running down the street you're
22 hearing him say no, no?
23 A. M-hm.
24 Q. Did you hear anything that the officers were
25 saying?
52
1 dislocation - -
2 A. Yes.
3 Q. - - is that right?
4 And did you see any other injuries?
5 A. NO.
59
1 arrived on the scene give any medical attention to the
2 officers?
3 A. Not to my recollection, no.
4 Q. And I think that you testified that the
5 struggle went on for about five minutes. Is that
6 right?
7 A. Yes.
8 Q. Were you at all surprised that Mr. Chasse
9 was able to keep the officers at bay for five minutes?
10 MR. STEENSON: Objection, argumentative,
11 leading. Go ahead.
12 Q. (By Ms. Dunaway) You can answer.
13 A. Can you restate that?
14 Q. Were you surprised? You described
15 Mr. Chasse as being thin, about five - - about five
16 nine, you described the officers as being between five
17 nine and six feet, pretty average build. And you also
18 testified that the struggle went on for five minutes.
19 Were you at all surprised that Mr. Chasse was able to
20 keep these officers at bay for five minutes?
21 MR. STEENSON: Same objections.
22 THE WITNESS: Surprised? I'm not sure if
23 surprised is the word. I was - - I thought it went on
24 a while. I thought that - - I thought he was in great
25 distress and that - - whether it was adrenaline pumping
64
1 A. Yes.
2 Q. And that's what concerned you?
3 A. Yes.
4 Q. Okay. Were they doing anything other than
5 just holding him down?
6 A. I don't recall. I mean - -
7 Q. Well, at what point during this - - at some
8 point did you see handcuffs applied?
9 A. A - - well, his arms were continuing to be
10 wrenched behind his back and the force -- that was the
11 part that I thought was really excessive, too, was the
12 arms. I mean, he was not moving his arms at all
13 because they were - - they were so pulled behind his --
A. Yes.
Q. Okay. What else concerned you that leads
you to believe that there was excessive force?
A. That he was moaning so loudly, you know, and
was obviously in great distress.
Q. Okay. Anything else?
A. No.
Q. Okay. Did you -- did you witness any
strikes being - -
A. I saw the officer in front appear to strike
him.
Q. But when you were considering whether or not
there was excessive force, that wasn't one of the
things that you considered - -
A. Yes, that was - -
Q. - - excessive - -
A. - - that was something I thought was
excessive.
Q. At some point I believe you said that you
heard someone say, one of the officers, don't bite me?
A. Yes.
Q. Okay. Do you know - - have any recollection
whether or not the officer who said don't bite me was
also the officer who punched him - -
A. Yes.
25 A. M-hm.
A. M-hm.
Q. - - away?
A. Yes, he was facing the Blue Hour.
Q. And you put an X - -
A. I put an arrow by his face.
Q. Okay. Did you stand up to watch?
A. Did I stand up to watch?
Q. Did you stand up to watch?
A. No.
Q. What were the other - - I'm assuming there
were other patrons who were at the Blue Hour at that
time?
A. Yes.
Q. What were they doing during the struggle?
A. We were all watching it.
Q. And everybody was just kind of sitting down
watching the struggle?
A. No. I believe that some people closer to
the Everett side were standing up.
Q. Was there anyone sitting in - - at the table
to your - - that would be - - it would be on your left-
hand side?
A. The last table in the row?
Q. M-hm.
A. Yes, there were.
1 EXAMINATION
2 BY MS. BACK:
3 Q. I'm sorry to put you through this. I know
12 A. NO.
13 Q. What, did you see Mr. Chasse moving his arms
14 or his legs or his body at all when the paramedics
15 were there?
16 A. NO.
17 Q. And again, to be fair, you weren't watching
18 the whole thing; right?
19 A. Right.
20 Q. Okay. You - - you obviously have some
21 experience in dealing with a population, at least a
22 younger population, that might have some emotional
23 disabilities or mental disabilities?
24 A. M-hm.
25 Q. At -- did it appear to you, even with your
13 A. Of course.
14 Q. -- mental disabilities?
15 A. Of course.
16 Q. So aside from his appearance of being
17 someone that - - I mean what you've just testified to,
18 with your experience and training, could you - - was it
19 obvious to you that he had a mental disability?
20 A. No.
21 Q. Did you see, at the end or at any point in
22 time when the paramedics were there, did you see any
23 sort of conversation between the police and the
24 paramedics before Mr. Chasse was taken away from the
25 scene?
4 A. NO.
5 Q. - - during that time?
6 Did you hear any of that?
7 A. No.
8 Q. Did you hear any of the medical personnel,
9 and specifically from the ambulance company, the two
10 that you believe to be from the ambulance company, do
11 anything that you considered unprofessional?
12 A. I questioned why they didn't put him in the
ambulance.
Q. Aside from that?
A. No.
Q. Did hear them say or behave in any way - -
A. No.
Q. - - that you felt was unprofessional?
Did you hear either of the AMR paramedics
make fun of Mr. Chasse or - -
A. There was some laughter, but I didn't - - I
couldn't say it was specifically directed at
Mr. Chasse.
Q. Was it the AMR paramedics that were
laughing?
A. Yes.
Q. And then if I understand, you've looked at a
that was?
A. I think blue.
Q. All right. And when they picked up
Mr. Chasse and carried him away, did he - - did he moan
or scream or make any - - any noise?
A. He was still moaning, yes.
Q. Did the -- did the volume of his voice pick
up when he was picked up and carried away, do you
recall?
A. He had kind of settled down on the ground
and then when he got picked back up he did appear to
be moaning again --
Q. Okay.
A. - - a little louder.
Q. That's all I have.
MS. BACK: Anybody else?
MR. LANDRUM: No, that's all.
MS. BACK: Susan, you done?
FURTHER EXAMINATION
BY MS. DUNAWAY:
Q. I just want to make sure that I heard you
right because I was kind of reading. I just want to
make sure that I heard you tell Mr. Steenson that you
would agree that your recollection during your
detective interview was better than it is now?
90
1 A. It was probably more clear then, yes.
2 Q. Okay. So what I'm reading in the detective
3 interview would be more accurate than what your
4 recollection is today in regard to Mr. Chasse?
5 A. Yes.
6 Q. And actions he took?
7 A. Yes.
8 Q. And things he said?
9 A. Yes.
10 Q. And the volume of his voice?
11 A. Yes.
12 Q. Okay. That's all I have.
13 MS. BACK: Nothing further.
14 (The deposition concluded at 11:22 AM.)
15
16
17
18
19
20
21
22
23
24
25
20
21 Shannon K. Krska
22 Certified Shorthand Reporter
23 Oregon CSR No. 90-0216