...During 90 minutes of testimony the sheriff said his department takes complaints of domestic violence against its deputies seriously and that he does not condone his subordinates violating people’s rights in the course of enforcing laws...(Plaintiff Krista Osborne appears to have formerly been a Pierce County Sheriff's Deputy and a lieutenant with the Federal Way Police Department.)
PIERCE COUNTY SHERIFF ON THE WITNESS STAND
COURTS: Domestic violence complaints against his deputy handled properly, Pierce County boss says
The News Tribune
Adam Lynn adam.lynn@thenewstribune.com
Published: 06/26/09
[Excerpts] Pierce County Sheriff Paul Pastor took the witness stand Thursday to explain the actions of his department and himself in handling a domestic violence complaint brought against one of his deputies five years ago. During 90 minutes of testimony the sheriff said his department takes complaints of domestic violence against its deputies seriously and that he does not condone his subordinates violating people’s rights in the course of enforcing laws. Pastor’s testimony came as part of a civil lawsuit brought against Pierce County and sheriff’s deputies Lloyd Bird and Tom Seymour by Bird’s ex-wife, Krista Osborne... Trial in the case began earlier this month before Kitsap County Superior Court Judge Sally Olsen, in Tacoma. Earlier this week Olsen upheld her previous ruling that Seymour violated Osborne’s Fourth Amendment rights... The sheriff testified at length about how criminal and internal affairs investigations against Bird prompted by Osborne’s complaints were “farmed out” to other law enforcement agencies at the request of Osborne’s attorney. Osborne has complained that the internal affairs investigations took more than two years to complete... Testimony is expected to continue Monday. [Full article here]
[cop-on-cop police officer involved domestic violence law enforcement washington state david brame territory crystal judson murder-suicide]
Pierce County Superior Court Civil Case 06-2-09546-0
ReplyDeleteCase Title: KRISTA OSBORNE VS. LLOYD BIRD
Case Type: Personal Injury
SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
Plaintiff's AMENDED COMPLAINT FOR DAMAGES
KRISTA OSBORNE
Plaintiff
LLOYD BIRD, TOM SEYMOUR, GREG STONACK, PIERCE COUNTY SHERIFF PAUL PASTOR in his individual and official capacities, BRENDAN HARDING PHILLIPS, and PIERCE COUNTY
Defendants
I PARTIES
1.1 Plaintiff Krista Osborne is a resident of Pierce County Washington.
1.2 Defendant Lloyd Bird is a resident of Pierce County Washington who is employed as a Pierce County Sheriff's Deputy.
1.3 Defendant Sergeant Tom Seymour is a Pierce County Sheriff's Sergeant assigned to the domestic violence unit. He is a personal friend of Defendant Bird.
1.4 Sergeant Greg Stonack is a Pierce County Sheriff's Deputy assigned to the University Place Police Department He is a personal friend of defendant Bird.
1.5 Defendant Paul Pastor is the Sheriff of Pierce County. He is sued in both his individual and official capacities.
1.6 Defendant Brendan Harding Phillips was at all times material hereto a resident of Pierce County.
1.7 Defendant Pierce County is a municipal corporation organized under the laws of Washington.
II JURISDICTION AND VENUE
2.1 This Court has jurisdiction of the parties and the subject matters of this lawsuit.
2.2 Venue is properly in Pierce County.
III FACTS
ReplyDelete3.1 ASSAULT -
On July 24 2004 Defendant Lloyd Bird assaulted Plaintiff Krista Osbome then known as Krista Bird
3.2 EMERGENCY PROTECTION ORDER ON JULY 25 2004 -
Plaintiff Osborne obtained an emergency protection order against Defendant Lloyd Bird due to the assault and for the added reason that Defendant Bird was a Pierce County Sheriff's Deputy who Plaintiff reasonably feared to be likely to engage in further ongoing assaultive or harassing conduct
3.3 RETALIATORY AND UNLAWFUL ORDER OF PROTECTION -
On Monday July 26 2004 Defendant Lloyd Bird with the assistance of Pierce County Sheriff's Deputy Sergeant Tom Seymour, the sergeant in charge of the domestic violence unit, obtained a retaliatory protection order against Plaintiff Krista Osborne. The application for the retaliatory order did not reference the case number or fact of the emergency protection order obtained by Plaintiff Osborne on the previous day July 25 2004. This was a material failure by Defendant Bird to adequately inform the court. Defendant Bird had been telephomcally notified of the existence of the emergency protection order which Plaintiff had obtained said notification was given by Sgt Hunsmger on Sunday July 25 2004. The order was formally served by Pierce County Sheriff's Sgt. Tom Seymour, also a defendant in this cause, on July 26 2004 - approximately 2 hours and 45 minutes earlier on the same day that Mr Bird obtained his order against Plaintiff. On information and belief Plaintiff alleges that Defendant Seymour assisted Defendant Bird to obtain his order.
3.4 VIOLATION OF PLAINTIFF'S RIGHTS UNDER THE PROTECTION ORDER AND HER RIGHT OF PRIVACY -
Notwithstanding the terms of the emergency no contact order which Plaintiff had obtained on July 25 2004 Defendant Lloyd Bird with the assistance of Defendants Seymour and Stonack went to Plaintiff's residence on July 28 2004 without notice to her for the purpose of obtaining Lloyd Bird s personal and community property. Defendants Seymour and Stonack were allegedly on a civil standby. Defendant Lloyd Bird had on July 27 2004 with the assistance of Defendant Seymour obtained a modified protection order to obtain personal items. When Defendants Bird, Seymour, and Stonack carried out the intrusion into Plaintiff's residence Lloyd Bird was permitted an excessive amount of time inside the residence - more than was necessary to simply obtain his own personal items. During the course of that time Defendant Lioyd Bird improperly took community property and he also accessed Plaintiff's computer, altered her ability to access her own internet account, misappropriated her internet account, and subsequently used that information for his own purposes. Defendant Lloyd Bird was further allowed to have his daughter Jenna Bird inside the residence. During the course of this intrusion onto Plaintiff's property Defendant Lloyd Bird rearranged property, including an expanded metal police baton known as an ASP, as well as a book entitled Encyclopedia of a Serial Killer for the purpose of intimidating Plaintiff to convey a message that Plaintiff would be hurt by Defendant Lloyd Bird or others acting in concert with him.
3.5 TORTIOUS INTERFERENCE WITH PLAINTIFF'S EMPLOYMENT RELATIONS -
ReplyDeleteIn September 2004 Lloyd Bird sent email to Plaintiff's supervisor at work Federal Way Police Department Deputy Chief Brian Wilson and alleged that Plaintiff had exchanged email communications of a sexual nature with a police chief in the Midwest. The alleged emails purportedly sent by Krista Bird were actually generated by Defendant Lloyd Bird by using Plaintiff's internet account which Defendant Lloyd Bird had misappropriated on or about July 26 2004 during the civil standby incident identified in Paragraph 3.4 above. This made it impossible for Plaintiff to effectively continue her career in law enforcement with the City of Federal Way.
3.6 STALKING AND HARASSMENT DEFENDANT
Lloyd Bird committed a series of other harassing and intimidating acts including disconnecting Plaintiff's telephone service, disconnecting Plaintiff's cable, filing a false police report with the Fircrest Police Department, filing a false report against Krista Bird with the Pierce County Sheriff's office, appropriating Plaintiff's separate vacation property for his own use, vandalism of that property, and moving into an apartment within 350 feet of Plantiff's home.
3.7 BREAK IN TO Plaintiff's RESIDENCE
On June 26 2005 Brendan Harding Phillips broke into Plaintiff's residence at approximately 4:00 am. Defendant Brendan Harding Phillips who committed said break in resided in the same 10 unit condominium building as Jenna Bird. At the time that Phillips broke in and was subsequently arrested near the scene he had no identification with him. His identification was subsequently found by a neighbor on or about July 4 2005 and turned over to the University Place Police Department which is staffed by Pierce County Sheriff's deputies. Phillips' identification and other material turned in by the neighbor were inexplicably lost by the University Place Police and/or Pierce County Sheriff's Department and Defendant Phillips was never charged with any crime for breaking into Plaintiff's home at 4:00 in the morning while she was sleeping in her own bed. On information and belief Plaintiff asserts (1) that Defendant Phillips was acting as the agent of Defendants Lloyd Bird and Jenna Bird and (2) that yet to be identified Pierce County Sheriff's deputies deliberately lost the Phillips identification and other property for the purpose of reducing the likelihood that Phillips would be criminally charged. Charges were never filed against Phillips for the break in.
3.8 PERVERSION OF THE INTERNAL INVESTIGATION PROCESS
Defendant Pastor and his subordinates in the internal affairs investigations division of the Pierce County Sheriff's office kept jurisdiction of the internal investigation with respect to the domestic violence and related issues involving Defendant Lloyd Bird. As of the time of this Complaint nearly two years after the initial assault against Plaintiff there is still no outcome to the internal affairs investigation involving Defendant Lloyd Bird.
3.9. FAILURE TO SUPERVISE
The failure to investigate by the internal affairs unit has empowered and entitled Defendant Lloyd Bird to engage in a variety of malicious and harassing and stalking acts including moving to an apartment building very near Plaintiff's residence, destroying property at the beach house identified in Paragraph 3.7 above, and leaving intimidating and harassing messages for Plaintiff or about Plaintiff. Defendant Pastor and his subordinates have failed to adequately supervise and control Defendant Bird even after notice of his actions in the nature of domestic violence towards Plaintiff.
3.10. POLICY AND PRACTICE
ReplyDeletePierce County and Sheriff Pastor have a policy and practice of not properly investigating officer involved domestic violence such as that involving Lloyd Bird and his actions against Plaintiff.
IV INJURIES AND DAMAGES
4.1 Plaintiff has suffered the infliction of extreme emotional distress, physical injuries, fear for her personal safety, and the loss of her employment as a Shift Commander with the Federal Way Police Department as the proximate result of the actions alleged above.
V CAUSES OF ACTION
5.1 FIRST CAUSE OF ACTION
Plaintiff is entitled to damages for the assault committed by Defendant Lloyd Bird on July 24 2004
5.2 SECOND CAUSE OF ACTION
Plaintiff in entitled to damages for intentional infliction of emotional distress and trespass for the break in committed by Defendant Phillips on or about June 30 2005 Defendants Lloyd Bird and Jenna Bird are liable to Plaintiff for the torts committed by Defendant Phillips who is believed to have been acting as their agent
5.3 THIRD CAUSE OF ACTION Defendant Lloyd Bird is liable to Plaintiff for tortuous interference with her employment with the City of Federal Way
5.4 FOURTH CAUSE OF ACTION Defendants Pastor Seymour Stonack and Pierce County are liable to Plantiff for the violation of her civil rights to equal protection of the laws and to be free from violations of constitutional nghts under the Fourth Ninth and Fourteenth Amendments to the United States Constitution and 42 USC §1983 The actions of said Defendants are all alleged to have been under color of state law
5.5 FJFTH CAUSE OF ACTION Defendant Bird is liable to Plaintiff for trespass for the events of July 28 2004 including the trespass upon land and the trespass to personal property
5.6 SIXTH CAUSE OF ACTION Defendant Bird is liable to Plaintiff for outrage related to his stalking and harassing actions alleged in # 32 through 37 above
WHEREFORE Plaintiff prays for the following relief
A For damages and punitive damages in an amount to be proven at trial
B For costs and attorneys fees including reasonable attorneys fees pursuant to 42 USC §1988 and
C For such other and further relief as the Court deems just and proper.
DATED this 20 day of April 2009
Hell hath no fury like a womans scorn.
ReplyDeleteDV? pfft! Whatever!
This trial would be great mat'l for a daytime soap script.
What a friggin circus. A classic show of what happens when you mix a pissed off power tripping woman, some money, and some lawyers.
Wow! Talk about frivolous. It dont get any worse...well, maybe... I suppose the sky's the limit as long as you got a supply of money, this chick will have her lawyers making more rediculous claims.
Hopefully the details of this case will end up on TV...stay tuned for some great laughs folks. Really! TV has a show called 'the worlds dumbest criminals' . How about 'the worlds dumbest court battles'?