Estate of Duncan v. Wallowa Cnty. Sheriff's Dep't, Civ. No. 2:19-cv-02017-SU
| Decision Date | 27 October 2020 |
| Docket Number | Civ. No. 2:19-cv-02017-SU |
| Parties | ESTATE OF MARC DOUGLASS DUNCAN; ROBERT J. DUNCAN, Plaintiffs, v. WALLOWA COUNTY SHERIFF'S DEPARTMENT; WALLOW COUNTY DISTRICT ATTORNEY'S OFFICE; OREGON DEPARTMENT OF HUMAN SERVICES; OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES; SHELLEY A. GOODMAN; JANE AND JOHN DOES 1-13; LEIGH BEDNAR; THERESA FISHER; MANDY DECKER; WALLOWA COUNTY YOUTH SERVICES, Defendants. |
| Court | U.S. District Court — District of Oregon |
FINDINGS & RECOMMENDATION
This is an action for civil rights violations and a wrongful death claim brought pro se by Plaintiffs Robert J. Duncan individually and as the personal representative and the Estate of Marc Douglass Duncan. This matter comes before the Court on Motions to Dismiss filed by Defendants Mandy Decker, the Wallowa County Sheriff's Office ("WCSO"), and Wallowa County Youth Services ("WCYS") (collectively, the "County Defendants,"), ECF No. 6, and by Defendants Leigh Bednar, Teresa Fisher, the Wallow County District Attorney's Office, the Oregon Department of Human Services ("DHS"), and the Oregon Department of Administrative Services (collectively the " "), ECF Nos. 22, 23, and 27.1 Pursuant to Local Rule 7-1(d)(1), the Court concludes that this case is proper for resolution without oral argument. For the reasons set forth below, the Motions should be GRANTED.
The County Defendants request that the Court take judicial notice of documents attached to the Second Nweze Declaration, ECF No. 33. A court may take judicial notice of a fact that is not subject to reasonable dispute because it is "generally known within the trial court's territorial jurisdiction," or "can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned." Fed. R. Evid. 201(b). The court "must take judicial notice if a party requests it and the court is supplied with the necessary information." Fed. R. Evid. 201(c)(2). Courts may also take judicial notice of "undisputed matters of public record, including documents on file in federal or state courts." Harris v. Cnty. of Orange, 682 F.3d 1126, 1132 (9th Cir. 2012) (internal citation omitted). "Moreover, documents not attached to a complaint may be considered if no party questions their authenticity and the complaint relies on those documents." Id.
In this case, the proposed documents are the "Limited Judgment for the Administration of Intestate Estate and Appointment of Personal Representative," Second Nweze Decl. Ex. 1, and the "Petition for Administration of Intestate Estate and Appointment of Personal Representative," Second Nweze Decl. Ex. 2. Both documents were filed in Wallowa County Circuit Court, Case Number 20PB02618, and concern the Estate of Marc Douglass Duncan. These documents were filed in Oregon state court and are undisputed matters of public record. Plaintiff Robert Duncan has sought recognition of his appointment as personal representative for the Estate of MarcDouglass Duncan with this Court and has submitted Letters of Administration signed by the Trial Court Administrator for the Wallowa County Circuit Court to demonstrate his appointment. ECF No. 35. The Court concludes that the submitted materials are proper subjects for judicial notice and will take judicial notice of Exhibits 1 and 2 to the Second Nweze Declaration.
To survive a motion to dismiss under the federal pleading standards, the complaint must include a short and plain statement of the claim and "contain sufficient factual matter, accepted as true, to 'state a claim for relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). Id. The court is not required to accept legal conclusions, unsupported by alleged facts, as true. Id.
Marc Douglass Duncan was the son of Defendant Shelley A. Goodman and Plaintiff Robert Duncan.2 Compl. ¶ 1. ECF No. 1. On December 16, 2017, Marc Duncan died of a drug overdose at Goodman's home in Joseph, Oregon after injecting oxycodone. Compl. ¶ 1.
Goodman is alleged to be "known locally as a drug addict/dealer with mental problems" with "a long criminal record of giving/selling drugs to teenagers as well as others." Compl. at ¶ 11.
In 2017, DHS hired a woman named Sherry to serve a home caregiver for Goodman. Compl. ¶ 52. The Complaint alleges that Sherry was a drug addict. Id. at ¶¶ 52, 58. Sherry ceased to be Goodman's caregiver in late 2017 and was replaced by another caregiver named Dana. Id. at ¶ 54. At some point in late 2017, Dana also ceased to be Goodman's caregiver and was replaced by Marc Duncan. Id. at ¶ 58. Like Goodman, the Complaint alleges that Marc Duncan suffered from addiction and mental health issues and was "very well known by law officers." Id. at ¶ 21. The Complaint alleges that Shelley and Dana were aware of illicit drug use taking place at Goodman's residence, but took no action. Id. at ¶ 56.
Beginning in 2005, Robert Duncan had sole custody of his son Marc Duncan, then aged eleven. Compl. ¶ 77. In February 2009, Robert Duncan discovered Marc Duncan, then fifteen years old, in possession of a bag of Goodman's prescription opioids. Id. at ¶ 69. Robert Duncan observed that his son was "seemingly drugged" after a scheduled visitation with Goodman. Id. at ¶ 70. Robert Duncan took his son to the hospital, where he tested positive for opioids. Id. Robert Duncan reported his son's drug use to Defendant WCSO, which dispatched a deputy to interview Marc Duncan. Id. at ¶ 71. During the interview, Marc Duncan confessed that he began experimenting with Goodman's drugs at the age of twelve. Id. at ¶ 73.
Marc Duncan was charged with unlawful possession of a controlled substance. Compl. ¶ 72. As a minor, Marc Duncan's case was handled by Defendant Wallowa County Youth Services ("WCYS"). Id. at ¶¶ 9-10. He was sentenced to two years of probation and ordered to complete drug court. Id. at ¶ 72. Defendant Mandy Decker was assigned as Marc Duncan's probation officer in early 2009. Id. at ¶ 9. At some point, Marc Duncan told Decker that Robert Duncan had directed homophobic slurs at his son. Id. at ¶ 149.
On August 6, 2010, Marc Duncan ran away from home and went to his mother's house. Compl. ¶¶ 82-83. The Complaint alleges that Decker secretly assisted Marc Duncan in running away and that Robert Duncan had a heated phone call with Decker about the situation. Id. at ¶ 82. On August 8, 2010, Robert Duncan wrote a "scathing letter" to the Wallowa County Circuit Court asking that Decker be removed as Marc Duncan's probation officer. Id. The Complaint alleges that Decker reported Robert Duncan to DHS Child Protective Services in retaliation for the letter. Id.
On August 18, 2010, Defendant Leigh Bednar, a DHS caseworker, met with Robert Duncan at his home. Compl. ¶ 83. The Complaint alleges that Bednar was dismissive of Robert Duncan's concerns about Marc Duncan using drugs at Goodman's home. Id. The Complaint alleges that Bednar did not investigate a list of people who could verify Robert Duncan's information about Goodman's drug use and criminal history. Id. at ¶¶ 84-85.
Some weeks later, Bednar returned and interviewed Marc Duncan's stepmother Sherry Duncan. Compl. ¶ 87. After the interview, Bednar accused Robert Duncan of being emotionally abusive towards Marc Duncan. Id. Robert Duncan demanded a hearing. Id.
After the second meeting with Bednar, Robert Duncan was summoned to appear at his son's drug court hearing because Marc Duncan had failed a drug test. Compl. ¶ 88. The Complaint alleges that Robert Duncan attempted to request re-imposition of Marc Duncan's probation but was prevented from doing so by the intervention of Decker and the Wallow County District Attorney. Id. at ¶ 89.
The Complaint alleges that Robert Duncan met with Decker and attempted to provide her with evidence of Marc Duncan's drug use but was rebuffed by Decker. Compl. ¶ 91. Decker later accused Robert Duncan of threatening her during that meeting. Id. at ¶ 92.
Robert Duncan complained to Defendant Theresa Fisher, who was Bednar's DHS supervisor, by letter and telephone call about the DHS investigation. Compl. ¶ 93. On April 11, 2011, Bednar issued a report on her investigation in the allegations against Robert Duncan. Id. at ¶ 94. Robert Duncan disputed Bednar's report in writing to Fisher. Id. On June 7, 2011, Fisher sent a letter to Robert Duncan stating her findings that there was no evidence of physical or mental abuse of Marc Duncan by Robert Duncan. Id. This letter was issued only a few months before Marc Duncan's eighteenth birthday in September 2011. Id. at ¶ 97. The Complaint alleges that DHS intentionally delayed its investigation in order to "run out the clock" and deny Robert Duncan a hearing on the allegations against him. Id. at ¶ 95.
Robert Duncan did not have contact with Marc Duncan between August 2010 and June 7, 2011. Compl. ¶ 96. The Complaint alleges that Marc Duncan dropped out of school and began using methamphetamine during that time. Id. at ¶¶ 99, 101.
At 3:30 a.m. on December 16, 2017, Wallowa County emergency services received a 911 call from Goodman's residence in Joseph, Oregon. Compl. ¶ 18. The call was from a "screaming woman." Id. WCSO did not respond to the 3:30 a.m. call. Id. at ¶ 39.
At 6:30 a.m., Goodman knocked on a neighbor's door and told the neighbor that she had locked herself out of her apartment and that she thought Marc Duncan was dead. Compl. ¶ 27. The neighbor called 911 and WCSO dispatched...
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