rar7o1e hitps:tpubicaccess courts oregon goviPublicAccessLoginvCaseDetal aspx ‘Skip fo Main Content Logout My Account Search Menu Sea‘ch Civ, Famiy, Probate and Tax Cour Case Records Refine Search Back REGISTER OF ACTIONS 1case1D=32123063, Location: A! Locations mages Heip Cast No. 19CVS3538 Donovan $ Addertey vs John 1-10 Does, Deschutes County, Benda Pine§ Case Type: Tort «Wrongful Death ‘Schoo! District § Date Files! 12/13/2099 8 Location: Deschutes ‘ ar RETO Attomeys Defendant Bend-La Pine Schoo! District Defendant Deschutes County Defendant Does, John 1-10 Plaintlt Adderley, Donovan S ryan m Donahue Retained Personal Representative for Estate of Deshaun Perey aaa: Omens OF Coe JOTHER EVENTS AND HEARINGS 1211912019] Complaint “Negigence, Wrongtu Death, Emotional Distress" Created 129912019 12008 PM sarrs2019| service Does, Jonn 1-10 Unsorved created: 12/1572019 12.03 PM raira019| service Deschutes County Unsecved Bond-La Pine Schoot Dstiet Unseeved (creates 127192019 548 PM Tear aoe Paint Adderiey, Donovan Total Fnancial Assessment 584.00 ‘Total Payments and Creais 584.00 Balonce Due ae of 121772019 ‘000 1271372018] Transaction Assessment 504.00 s2r13m2019] xe Accessed aris Receipt #2018-1088696 Adderey, Donovan $ 694.00) htps:/fpublcaccess. courts oregon gow/PublieAccoeeLogin/CaceDetall acpx?CatelD=3212308 ”10 1 12 a4 15 16 18 19 20 21 22 23 24 25 12/13/2019 11:41 AM 19CV53538 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES DONOVAN §. ADDERLEY, Personal CASE NO. Representative for the ESTATE OF CIVIL COMPLAINT DESHAUN MICHAEL ISAIAH (Civil Action for Wrongful Death; Negligence; Negligent Infliction of Emotional Distress, Intentional Infliction of Emotional Distress Negligence) ADDERLEY, an Oregon Resident, Plaintiff, Amount Prayed for: $400,000 v ‘CLAIM NOT SUBJECT TO BEND-LA PINE SCHOOL DISTRICT, an MANDATORY ARBITRATION (Pursuant to UTCR 13.060) Filing Fee: $594 (ORS 21.160(1)(c) DEMAND FOR JURY TRIAL Oregon School District; DESCHUTES: COUNTY, and JOHN DOES 1-10, Defendants. On behalf of the Estate of Deshaun Adderley and his family, plaintiff Donovan S. Adderley (“Plaintiff Adderley”) alleges as follows: 1 Plaintiff Adderley is the duly appointed Personal Representative of the Estate of Deshaun Michael Isaiah Adderley (”D. A."), pursuant to a Limited Judgment entered in| Deschutes County Circuit Court, Circuit Court, State of Oregon, and Letters of Administration issued on November 21, 2019. dif Jil CIVIL COMPLAINT -PAGE1 DONAHUE 1125 NW Bowp Sr. STE101 541-241-6657 | F: 866-859-0375 Law Firm 'BRYANGILAWFIRMNW.COM10 qn 12 13 14 16 17 19 20 22 23 24 2 At the time of D. A.’s death, he was a 14-year-old, African-American student in his Freshman year of schooling at Summit High School in Bend, Oregon, and at all material times herein was a resident of Deschutes County, Oregon. He is survived by his older brother Jerome Adderley, and younger brothers Donovan D. Adderley and Deandre N. Adderley (collectively referred to hereinafter as “Brothers”), who are among the beneficiaries of D. A.’s Estate. D. A. is also survived by his father Donovan Adderley and stepmother Norah Adderley. 3 At all material times herein, defendant Bend-La Pine School District (“Defendant District”) was and is a duly organized public-school district in the State of Oregon, Deschutes County, that operates, among other schools, Summit High School (“Summit”). Defendant District is a recipient of federal funding. At all material times mentioned herein, Defendant District's employees acted in the course and scope of theia| employment. 4. Atall material times herein, defendant Deschutes County maintained a subdivision for suicide outreach and prevention entitled the Mobile Crisis Assessment Team ("MCAT"). The primary purpose of MCAT Is to provide effective community- based mobile crisis intervention services to people in Deschutes County and MCAT works with first responders and law enforcement in providing such services. On information and belief, MCAT performs crisis intervention, which ranges from in- person assessments to facilitation of immediate in-patient treatment and temporary psychiatric holds. did CIVIL COMPLAINT ~ PAGE 2 1123 NW Bow Sr, STE 101 poneae nau ety eeoars eile “SRVANGLAWEIRMNW.COM10 al 12 22 23 24 25 5. John Does 1-10 minors enrolled as students with Defendant District. At all material times herein, John Does 1-10 perpetuated, aided and /or abetted each other to bully, harass, of cyber harass D.A. 6. On the evening of December 14, 2017, after being repeatedly bullied by students from Summit and shortly after meeting with a member of the Deschutes County Mobile| Crisis Assessment Team (”MCAT”), D. A. died alone, in his bedroom closet, at 14 years of age. COMMON FACTS 7. Plaintiff Adderley realleges all paragraphs above as though set forth fully herein, 8. Pursuant to ORS 339.356, Summit is required to adopt a policy prohibiting harassment, intimidation, bullying or cyberbullying (hereinafter collectively referred as “bullying”). A uniform procedure must be maintained by Summit that identifies 4 specific school official responsible for receiving reports of bullying, that requires school employees to report any act of bullying to the official, that identifies the potential remedial actions, and that allows a student to report acts of bullying anonymously. This uniform procedure must also allow for prompt investigation of any report o bullying. 9. On Information and belief, Summit maintained an anti-bullying policy and/or procedure that, in part, requires Summit staff or administration to take reports of bullying, harassment, or cyber harassment (hereinafter "bullying"), conduct a prompt ‘CIVIL COMPLAINT - PAGE 3 1123 NW Bonp Sr, STE 101 DONAHUE BEND, OR | 97701 541-241-6657 | F: 866-459-0375 Law FIRM BRYANGLAWHIRMNW-COM19 20 21 22 23 25 investigation and maintain the anonymity of the reporting party. Any employee who has knowledge of any act of bullying is to make a report to the appropriate school official. The policy further requires that a student's parent be notified of any complaint involving their student and that all findings related to the complaint be reduced to writing. Summit is to employ progressive student discipline based on the findings of any investigation, which includes expulsion or involvement of law enforcement. 10. In September of 2017, D. A. began classes at Summit. He was one of only a smal number of African American students at Summit. On information and belief, during the period from on or about September 2017, up to and including December 14, 2017, D. A. was the target of peer-on-peer bullying, harassment, and cyber harassment by other students at Summit, which included including, but not limited to name calling} which further included racial epithets, and physical violence, including being pulled) out of another student's car on December 14, 2017. On information and belief, despitq having actual or constructive knowledge that D.A. was the target of bullying, whic included racial discrimination, at no time did Summit investigate such occurrences 01 take any steps to curtail the conduct, or impose discipline on those responsible, iu Summit school officials knew, or should have known, that D. A. was being bullied by other students at Summit. 12. On or about September or October 2017, after shaving and dying his hair, D. A, was the target of peer-on-peer bullying, harassment, and cyber harassment that wa: widely disseminated throughout Summit. Jit CIVIL COMPLAINT ~PAGE 4 1123 NW Bonb Sr, Ste 101 DONAHUE BEND, OR | 97701 P:541-241-6657 | F: 866-459-0375 Law Firm 'BRYANGLAWEIRMNW.COM17 18 19 20 21 22 23 24 25 13. As early as at least October of 2017, Summit school officials, were aware D. A. showed signs of depression, anxiety, mood instability, irritability, and engaged in physical self harm. On several occasions, D. A. spoke to schoo! official(s) about the troubles he wa experiencing at school. 14. On December 11, 2017, D. A. again made a report to a Summit employee and /o administrator and informed him/her that he was the target of regular bullying by numerous students, On information and belief, D.A. was reluctant to provide thi employee /administrator with the names of offending student for fear of being labeled “snitch” or suffering further reprisals. On Information and belief, thd employee /administrator failed to report it has an incident of bullying and further failed| to conduct any form of an investigation as to the extent of the bullying or who thd offending students may be. This employee/administrator failed to contact D.A.' parents regarding D.A.'s report of bullying and further failed to probe any of D.A.'4 teachers about the issues that were reported. 15. On or about, December 14, 2019, a physical altercation took place in one of thd bathrooms at Summit involving D. A., and at least one other student at Summit. Bas on information and belief, after the altercation, D, A. and another student reported th incident to at least one school official. School officials were aware of this fight o December 14, 2019. No Summit employee or administrator investigated this incident a an act of bullying, Prior to D. A's death, Summit officials did not contact D. A.’s fami regarding the incident. ‘ii CIVIL COMPLAINT - PAGES 1123 NW Bonp Sr, Sre101 DONAHUE BEND,OR | 97701 541-241-6657 | F: 866-159-0375 Law Firm "BRYANSILAWFIRMNW.COM10 a 12 19 20 21 16. Based on information and belief, following the bathroom altercation, and o1 December 14, 2019, a video of the fight was circulated on social media. In addition, D.A| received threats from at least one student at Summit. Among other statements, D. A. was told he would be put on his knees and made to beg for his life. At least one social media post from a student involved in the altercation with D. A. said, “you are going t pay”. 17. ‘On December 14, 2019, after repeated incidents of teasing, bullying, and physical altercations, D. A. posted several messages to social media. D. A. made the social media posts because he did not want to fight anyone and was afraid someone would “jump” him at school the following day and wanted to be left alone. D. A.’s posts included threats of violence directed at those that wanted to harm him and indicating that D. A. wanted to die and that he would shoot himself in the head without hesitation, 18. Upon information and belief, at some time between approximately 4:07 PM and 6:15 PM law enforcement personnel from Bend Police Department (“BPD”) were made aware of the social media posts and took photographs of the posts. BPD subsequently responded to D. As residence, arriving at approximately 6:15 PM. D. A. communicated| to law enforcement the reasons for his social media posts, which included fear that someone would jump him tomorrow at school and indicated he did not want to fight anyone, During the conversation with law enforcement, a member of BPD contacted MCAT requesting a team member respond to the residence. did fil CIVIL COMPLAINT - PAGE 6 1123 NW Bonn St, Ste 101 DONAHUE BEND, OR 97701 P: 541-241-6657 | F: 866-459-0375 Law FIRM TBRYANGLAWFIRMNW.COM10 ul 12 13 1a 15 16 18 19 20 22 23 24 25 19. At approximately 6:45 PM, an MCAT team member responded to the residence! Upon information and belief, law enforcement personnel from BPD communicated t the MCAT team member the substance of D. A’s social media posts and BPD’ conversation with D. A. 20. Upon information and belief, the MCAT team member met with D. A.’s parents and recommended D. A. speak with a therapist the following day. Upon information and belief, the MCAT team member did not perform a complete and thorough suicidd risk assessment on D.A. In the alternative, based on information and belief, the MCAT] team member failed to properly conduct a suicide risk assessment on D. A. In addition or in the alternative, the MCAT team member did not closely and continually observ D. A. for suicidal symptoms following the assessment. In addition, or in the alternative, the MCAT team member did not conduct a thorough and complete home assessment t ensure the residence, including D. A.’s room was free of objects he could use to causd himself harm. The MCAT team member left D. A.’s residence at approximately 7:45 PM, approximately one hour after arrival. 21. Upon information and belief, at some time between approximately 10:00 PM and 10:20 PM, on December 14, 2017, D. A's father found D. A. motionless in his bedroor closet. Ht fil ‘il fil CIVIL COMPLAINT ~PAGE7 1125 NW Bonn Sr, Ste 101 DONAHUE BEND, OR | 97701 LAW FIRM P.SHI-241 S657 | F866-450.0375 'BRYANGLAWFIRMNW.COM© 10 at 12 13 14 22 23 24 25 FIRST CLAIM FOR RELIEF (Negligence; Wrongful Death) (Against Bend-La Pine School District) 22, Plaintiff realleges and incorporates paragraphs 1 through 21 as though fully sej forth herein. 23. Defendant owed a duty to D.A. to hire, train and supervise its employees, agents, representatives, and/or volunteers in a manner conducive to the health, safety, and} well-being of D.A. and other students. 24, Defendant owed a duty to D.A. to train and supervise its employees, agents] representatives, and/or volunteers about the requirements of ORS 339.356 and its anti: bullying potiy, all of which is aimed to curtail the foreseeable risk of harm to studenty from bullying. 2. Defendant breached its duties in or more of the following ways: (a) By failing to investigate acts of harassment, intimidation, bullying and cyberbully, failing to conduct a prompt investigation of such incidents; (b) Failing to communicate such conduct to D.A.'s parents; and /or (0) Failing to take any remedial action, incuuding suspension, expulsion or referral of any incident to law enforcement; 26. As a direct and proximate result of Defendant’s conduct, D.A. suffered severd emotional distress, suicidal ideation and uncontrolled suicidal compulsions, which were a substantial factor in D.A.'s death. Plaintiff is entitled to an award to justly, CIVIL COMPLAINT ~ PAGE 8 1123 NW Bono Sr, Ste 101 DONAHUE BEND,OR | 97701 1: 541-241-6657 | F: 866-459-0575, LAw Firm BRYAN@LAWEIRMNW.COM10 ql 12 13 14 15 16 fairly, and reasonably compensate Plaintiff for the pecuniary loss to D.A’s estate in an amount to be proven at trial, not to exceed $200,000. Plaintiff is further entitled to fait and reasonable compensation for the loss of companionship and society to D.A.' parents and siblings in an amount to be determined at trial, not to exceed $200,000. SECOND CLAIM FOR RELIEF (Negligence; Wrongful Death) (Against Deschutes County) 27. Plaintiff realleges and incorporates paragraphs 1 through 26 above as though fully set forth herein. 28. As of December 14, 2017, upon MCAT’s engagement with D.A. in his home, MCAT had a duty to perform a suicide risk assessment and take immediate an¢ necessary action to curtail the foreseeable risk of self-harm by D.A. 29. MCAT breached these duties in on or more the following ways: (a) By failing to perform an appropriate suicide risk assessment; (b) By failing to closely and continually observe D.A. for suicidal symptoms; (c) By failing to conduct a thorough and complete home assessment to ensure the} residence was free of objects D.A. could use to engage in self-harm; (a) By failing to inform and instruct D.A.’s parents regarding the acute risk o' self-harm and failing to instruct D.A’s parents to closely monitor objective symptoms or risks for self-harm. 30. As a direct and proximate result of Defendant's conduct, D.A. suffered severd emotional distress, suicidal ideation and uncontrolled suicidal compulsions, which were a substantial factor in D.A’s death. Plaintiff is entitled to an award to justly, CIVIL COMPLAINT -PAGE9 3123 NW Bonp Sr, Sre101 DONAHUE BEND, OR | 97701 541-241-6657 | F: 866-459-0375 Law Firm 'BRYANGHAWEIRMNW.COM10 uw 12 24 25 fairly, and reasonably compensate Plaintiff for the pecuniary loss to D.A.'s estate in arf amount to be proven at trial, not to exceed $200,000. Plaintiff is further entitled to fai and reasonable compensation for the loss of companionship and society to D.As parents and siblings in an amount to be determined at trial, not to exceed $200,000. THIRD CLAIM FOR RELIEF (Negligent Infliction of Emotional Distress) (Against Bend-La Pine School District) 31. Plaintiff realleges and incorporates paragraphs 1 through as though fully se forth herein. 32, At all material times, Defendant District had a duty, pursuant to ORS 339.354 and its anti-bullying policy, to promptly investigate instances of harassment] intimidation, bullying and cyberbullying and to take remedial action, which includes, but is not limited to suspension, expulsion or referral of the matter to law enforcement. 33. On information and belief, Defendant District had actual knowledge of D.A’ acute susceptibility to harassment, intimidation, bullying and cyberbullying no latey than October 2017. D.A. relied on Defendant to protect him against the known risk o peer-on-peer harassment and bullying. As a result, Defendant District owed D.A. 4 heightened duty of care. 34. At all material times, Defendant District had a duty to ensure D.A. was no! deprived of his right to an equal education due to harassment and bullying. 35. Defendant District breached its duties in one or more of the following ways: (a) By failing to investigate acts of harassment, intimidation, bullying and CIVIL COMPLAINT ~ PAGE 10 1123 NW Bonp Sr, Sre101 DONAHUE BEND, OR | 97701 541-241-6657 | F: 866-459-0375 Law Firm ‘DRYANGLAWFIRMNW.COM10 qn 12 13 14 22 23 24 25 cyberbully, failing to conduct a prompt investigation of such incidents; (b) Failing to communicate such conduct to D.A.’s parents; and/or (©) Failing to take any remedial action, including suspension, expulsion or referral of any incident to law enforcement. 36, As a direct and proximate result of Defendant's conduct, D.A. suffered severed emotional distress, suicidal ideation and uncontrolled suicidal compulsions, which were a substantial factor in D.A. death, Plaintiff is entitled to an award to justly, fairly, and reasonably compensate Plaintiff for the pecuniary loss to D.A.’s estate in an amount to be proven at trial, not to exceed $200,000. Plaintiff is further entitled to fair and reasonable compensation for the loss of companionship and society to D.A.'s parent and siblings in an amount to be determined at trial, not to exceed $200,000. FOURTH CLAIM FOR RELIEF (Intentional Infliction of Emotional Distress) ohn Does 1-10) 37. Plaintiff realleges and incorporates paragraphs 1 through 36 as though fully se forth herein. 38. At all material times, Defendants John Does 1-10 were substantially certain thei conduct would cause D.A. to suffer severe mental or emotional distress. 39. At all material times and on information and belief, the custodial parent of John Does 1-10 knew or should have known of the conduct of John Does 1-10. 40. As a result of Defendant John Does 1-10 conduct, D.A. suffered fright, horror, grief, shame, humiliation, embarrassment, anger, disappointment, worry and nausea. CIVIL COMPLAINT ~ PAGE 11 1123 NW Bono Sr, Sre101 DONAHUE BEND,OR | 97701 541-241-6657 | F: 866-159-0375 Law FIRM 'BRYANGLAWHIRMNW.COM10 ql 12 13 21 22 23 24 25 D.A. suffered severe emotional distress. D.A.’s emotional distress was severe, such that a reasonable person of ordinary sensibilities would tend to suffer under thd circumstances, a1, The conduct of Defendant John Does 1-10 was an extraordinary transgression o the bounds of socially tolerable conduct. 42. As a direct and proximate result of Defendant's conduct, D.A. suffered severd emotional distress, which ultimately concluded in uncontrollable self-harm compulsions. Plaintiff is entitled to compensatory noneconomic damages in an amoun to be proven at trial not to exceed $200,000. 43. Pursuant to ORS 30.765, the custodial parents of John Does 1-10 are liable for Plaintiff's compensatory economic damages in an amount not to exceed th statutory cap for each custodial parent. df ie ‘tt ‘tt fells fit fatal tte ttt tt fit fil CIVIL COMPLAINT ~ PAGE 12 1123 NW Bonp Sr, Sre101 DONAHUE BEND,OR | 97701 541-241-6657 | F: 866-459-0875 Law FIRM ‘BRYANGLAWFIRMNW.COM10 a 12 13 14 16 17 19 20 21 23 24 25 PRAYER FOR RELIEF WHEREFORE, Plaintiff requests a trial by jury and requests the Court should] grant judgment in favor of Plaintiff against Defendant and grant the following relief: 1. On Plaintiff's First Claim for Relief, for judgement in favor of Plaintiff an damages as alleged; 2. On Plaintiff's Second Claim for Relief, for judgment in favor of Plaintifi and damages as alleged; 3. On Plaintiff's Third Claim for Relief, for judgment in favor of Plaintiff and damages as alleged; and 4. On Plaintiff's Fourth Claim for Relief, for judgment in favor of Plaintif and damages as alleged; and For such further relief as the court deems just and equitable. DATED this 13th day of December, 2019. By. /s/ BRYAN M. DONAHUE "BRYAN M. DONAHUE, OSB No. 120484 Of Attorneys for Plaintiff Trial Attorney: Bryan M. Donahue CIVIL COMPLAINT ~ PAGE 13 1123 NW Bono Sr. STE 101 DONAHUE BEND, OR | 97701 P: 541-241-6657 | F: 866-459-0975, Law FIRM 'BRYANGLAWFIRMNW.COM