Christopher Garza Complaint

Gregory Kafoury, OSB No.
741663
[email protected]
Mark McDougal, OSB No. 890869
[email protected]
Jason Kafoury, OSB No. 091200
[email protected]
Kafoury & McDougal
411 SW Second Avenue, Suite 200
Portland OR 97204
Phone: (503) 224-2647
Fax: (503) 224-2673
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
CHRISTOPHER GARZA, Case No. 3:22-cv-00721
Plaintiff, COMPLAINT
vs. VIOLATION OF RIGHTS TO PERSON

UNDER 42 USC §1983
CITY OF SALEM, an Oregon municipal
corporation; and OFFICER DAVID DEMAND FOR JURY TRIAL
BAKER, an individual,
Defendants.
Plaintiff demands a jury trial and alleges:
INTRODUCTION
1.
Plaintiff Christopher Garza is a citizen of the United States of America.
/////
PAGE 1 – COMPLAINT KAFOURY & McDOUGAL

411 SW 2nd. Ave. Ste. 200
Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647
2.
Defendant City of Salem is and at all times mentioned herein has been a
municipal corporation in the State of Oregon.
3.
David Baker is and at all times mentioned herein has been a police
officer with the Salem Police Department, acting under color of law and within
the course and scope of his employment.
4.
A Tort Claim Notice under the law of Oregon was filed within 180 days
after the events described herein.
5.
On September 17, 2021, plaintiff Christopher Garza, a Hispanic man,
was working on a car at OK Tire of Salem adjacent to his home in Salem,
Oregon, with two other Hispanic men when Officer Baker pulled into the
parking lot of the tire shop, accused plaintiff of stealing the car, grabbed him
by the neck and shoulder, shoved him onto the hood of the police car,
handcuffed him very tightly, and roughly threw him into the police car.
6.
The above stop, detention, and use of excessive force were intentional
and were done without probable cause or lawful basis, in violation of plaintiff’s
Constitutional rights. As a result of the above-described battery, plaintiff
suffered injuries to his neck; shoulders, one of which required surgery; chest;
wrists; and left hand; and suffered, continues to suffer, and will in the future

Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647
suffer from pain, discomfort, disability, interference with ordinary activities,
embarrassment, frustration, anger, humiliation, a sense of personal violation,
racial stigmatization, and increased vulnerability, all to his noneconomic
damages in an amount to be determined by a jury. Plaintiff has incurred
medical expenses in the current amount of approximately $20,000. Plaintiff
continues to treat for his injuries and agrees to amend for additional medical
expenses and future medical expenses when or if he becomes medically
stationary.
7.
The jury should be allowed to consider punitive damages in order to
deter defendant Baker from this conduct and similar conduct by defendant
Baker and others similarly situated in the future.
8.
Plaintiff is entitled to costs and attorney fees pursuant to 42 USC §1988.
FIRST CLAIM FOR RELIEF
(Fourth and Fourteenth Amendment (False Arrest and Excessive Force)
– Defendant Baker)
9.
Plaintiff realleges and incorporates by reference paragraphs 1–8 above.
10.
The above-described stop, detention, and excessive force were
intentional, were done without probable cause and were in violation of
plaintiff’s Constitutional rights and the Fourth Amendment and Fourteenth

Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647
Amendment, and such claims are made under 42 USC §1983 against Officer
David Baker.
SECOND CLAIM FOR RELIEF
(False Arrest – Defendant City of Salem)
11.
12.
The above-described stop and detention was intentional, plaintiff was
aware of his detention, and the detention was unlawful. A claim for false arrest
under the common law is made under the Court’s pendant jurisdiction, against
the City of Salem.
THIRD CLAIM FOR RELIEF
(Battery – Defendant City of Salem)
13.
14.
As a result of being grabbed and held by defendant Baker, plaintiff
suffered anger, frustration, indignity, and humiliation, all to his noneconomic
damages in an amount to be determined at trial.
PRAYER
WHEREFORE, plaintiff prays for judgment against defendant Officer
David Baker and defendant City of Salem for economic and noneconomic
damages in amounts to be determined by the jury, for punitive damages in an

Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647
amount to be determined by the jury against defendant Baker, and for his
costs, expenses, and reasonable attorney fees incurred herein.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a jury trial on all questions so triable.
DATED this 17th day of May, 2022.
KAFOURY & MCDOUGAL
/s/ Jason Kafoury

Gregory Kafoury OSB # 741663
[email protected]
Jason Kafoury OSB# 091200
[email protected]
Attorneys for Plaintiff

Portland, OR 97204
Fax: 503-224-2673
Phone: 503-224-2647

Christopher Garza Complaint

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Gregory Kafoury, OSB No.

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

CHRISTOPHER GARZA, Case No. 3:22-cv-00721

vs. VIOLATION OF RIGHTS TO PERSON

Plaintiff demands a jury trial and alleges:

Plaintiff Christopher Garza is a citizen of the United States of America.

PAGE 1 – COMPLAINT KAFOURY & McDOUGAL

municipal corporation in the State of Oregon.

the course and scope of his employment.

after the events described herein.

On September 17, 2021, plaintiff Christopher Garza, a Hispanic man,

was working on a car at OK Tire of Salem adjacent to his home in Salem,

Constitutional rights. As a result of the above-described battery, plaintiff

PAGE 2 – COMPLAINT KAFOURY & McDOUGAL

embarrassment, frustration, anger, humiliation, a sense of personal violation,

racial stigmatization, and increased vulnerability, all to his noneconomic

damages in an amount to be determined by a jury. Plaintiff has incurred

medical expenses in the current amount of approximately $20,000. Plaintiff

expenses and future medical expenses when or if he becomes medically

The jury should be allowed to consider punitive damages in order to

Baker and others similarly situated in the future.

Plaintiff is entitled to costs and attorney fees pursuant to 42 USC §1988.

FIRST CLAIM FOR RELIEF

(Fourth and Fourteenth Amendment (False Arrest and Excessive Force)

Plaintiff realleges and incorporates by reference paragraphs 1–8 above.

The above-described stop, detention, and excessive force were

intentional, were done without probable cause and were in violation of

plaintiff’s Constitutional rights and the Fourth Amendment and Fourteenth

PAGE 3 – COMPLAINT KAFOURY & McDOUGAL

SECOND CLAIM FOR RELIEF

(False Arrest – Defendant City of Salem)

Plaintiff realleges and incorporates by reference paragraphs 1–6 above.

The above-described stop and detention was intentional, plaintiff was

the City of Salem.

THIRD CLAIM FOR RELIEF

(Battery – Defendant City of Salem)

Plaintiff realleges and incorporates by reference paragraphs 1–6 above.

As a result of being grabbed and held by defendant Baker, plaintiff

suffered anger, frustration, indignity, and humiliation, all to his noneconomic

damages in an amount to be determined at trial.

WHEREFORE, plaintiff prays for judgment against defendant Officer

damages in amounts to be determined by the jury, for punitive damages in an

PAGE 4 – COMPLAINT KAFOURY & McDOUGAL

costs, expenses, and reasonable attorney fees incurred herein.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a jury trial on all questions so triable.

DATED this 17th day of May, 2022.

KAFOURY & MCDOUGAL

/s/ Jason Kafoury

PAGE 5 – COMPLAINT KAFOURY & McDOUGAL

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