1 2 3 4 5 6 7 8 9 10 Defendant. 11 1 12 Plaintiff Andrew Hangerud is a resident of Multnomah County, Oregon. 13 2 14 Defendant THCF is an Oregon not for profit corporation. 15 3 16 Defendant D. Paul Stanford is the Director of THCF. 17 4 18 Defendant Stanford was Mr. Hangerud’s direct supervisor at THCF. 19 5 20 Plaintiff was employed by THCF as a gardener in THCF’s marijuana garden in Multnomah 21 County, Oregon from September 207 to May 26, 2009. 22 23
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ANDREW HANGERUD, Plaintiff, v. D. PAUL STANFORD, an individual, and THCF, an Oregon not for profit corporation, ) ) ) ) ) ) ) ) ) ) Case No. 0907-09151 FIRST AMENDED COMPLAINT (Defamation, Invasion of Privacy) CLAIM NOT SUBJECT TO MANDATORY ARBITRATION
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6 Plaintiff also worked as an instructor at THCF’s marijuana garden during weekly lessons in the art and science of marijuana cultivation. 7 Plaintiff’s expertise in gardening and the marijuana he produced won awards at the 2008 Oregon Medical Cannabis Awards. 8 On May 26, 2009, THCF’s agents locked plaintiff out of the garden and told him that he had been terminated. FIRST CLAIM FOR RELIEF (Defamation) 9 After plaintiff was terminated from employment, Defendant Stanford on or about June 13, 2009, while on the premises of THCF during a THCF event, communicated to a third party that Mr.
13 Hangerud was terminated for stealing 100 pounds of marijuana from the THCF’S garden. 14 Defendant’s statements concerned the plaintiff, Mr. Hangerud. 15 10 16 Defendant Stanford also communicated to another person on or about June 5, 2009 that Mr. 17 Hangerud was terminated because he had “stolen” marijuana from the THCF garden. Defendant 18 Stanford’s statements concerned the plaintiff, Mr. Hangerud. 19 11 20 Defendant Stanford’s statements that Mr. Hangerud stole marijuana from THCF were false and 21 defamatory. 22 23
Oregon Cracker Building 618 NW GLISAN STREET, SUITE 203 PORTLAND, OR 97209
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 12 When Defendant Stanford made defamatory statements about plaintiff, his communications were made within the course and scope of his employment as Director and employer at THCF. Defendant Stanford’s defamatory statements were republished to others in the community who were acquainted with plaintiff. 13 Defendant Stanford never confronted plaintiff directly with a concern about theft of marijuana. Defendant Stanford acted with a reckless and unreasonable disregard of the truth of the matter. Defendant Stanford’s statements to others that plaintiff was fired for theft disparaged plaintiff’s reputation in the community. 14 Defendant Stanford’s defamatory statements to others that plaintiff was fired for theft prejudiced Mr. Hangerud’s ability to pursue his trade and profession. 15 As a result of defendants conduct, plaintiff has been injured in his reputation in the community and has been unable to secure further employment. Plaintiff has suffered loss of earning capacity as a result of defendants’ defamatory statements and conduct. Plaintiff has suffered humiliation, mental anguish, embarrassment, and depression as a result of defendants’ conduct. Plaintiff has also suffered physical injury as a result of defendants’ conduct including loss of sleep, increased stress and exacerbation of preexisting medical conditions. Plaintiff has been damaged in an amount not to exceed $500,000 and is entitled to $500,000 from each defendant, jointly and severally.
Oregon Cracker Building 618 NW GLISAN STREET, SUITE 203 PORTLAND, OR 97209
TELEPHONE (503) 227-1928 FACSIMILE (503) 334-2340
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Oregon Cracker Building 618 NW GLISAN STREET, SUITE 203 PORTLAND, OR 97209
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SECOND CLAIM FOR RELIEF (Invasion of Privacy – False Light) Plaintiff realleges paragraphs 1 through 15 . 17 Defendant Stanford’s statements to others that plaintiff is a thief invaded plaintiff’s privacy by making him subject to rumors, innuendo, speculation and discussion in the community. Defendant Stanford’s communications to others invaded plaintiff’s seclusion and privacy and caused plaintiff mental and emotional suffering. 18 As a result of defendants conduct, plaintiff has been injured in his reputation in the community and has been unable to secure further employment. Plaintiff has suffered loss of earning capacity as a result of defendants’ defamatory statements and conduct. Plaintiff has suffered humiliation, mental anguish, embarrassment, and depression as a result of defendants’ conduct. Plaintiff has also suffered physical injury as a result of defendants’ conduct including loss of sleep, increased stress and exacerbation of preexisting medical conditions. Plaintiff has been damaged in an amount not to exceed $500,000 and is entitled to $500,000 from each defendant, jointly and severally. Wherefore, plaintiff prays judgment against each defendant, jointly and severally: On his First Claim for Relief, an amount not to exceed $500,000, plus costs and disbursements, and
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Oregon Cracker Building 618 NW GLISAN STREET, SUITE 203 PORTLAND, OR 97209
TELEPHONE (503) 227-1928 FACSIMILE (503) 334-2340
On his Second Claim for Relief, an amount not to exceed $500,000, plus costs and disbursements. DATED this 30th day of June, 2009. LAW WORKS, LLC
Lake Perriguey, OSB No. 98321 Of Attorneys for Plaintiff
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