"County ordered to pay $25,418" headline of article in the Register Guard reporting on significant verdict achieved by Melissa Wischerath on behalf of a Eugene client. This verdict sends a message to Lane county that they need to take our Fourth Amendment and 14th Amendment civil liberties seriously.

A United States District of Oregon seven person jury awarded plaintiff Donald Long $418.00 in economic damages and $25,000.00 in noneconomic damages for an unreasonable seizure of a vehicle, failure to train staff conducting impoundment hearings, and a custom of conducting impoundment hearings that would lead to a deprivation of constitutional rights.

“This verdict sends a message to the County that they need to take our 4th Amendment and 14th Amendment civil liberties seriously.” Said lead attorney Melissa Wischerath of the Law Office of M.D. Wischerath.

The case arose after the plaintiff, Donald Long of Eugene, had his truck towed from a Shell gasoline station for noncriminal traffic violations. Additionally, the county failed to provide the plaintiff with a meaningful hearing after the tow.

“As for the failure to train, while the Lane County Sheriff’s Office may very well have a policy on how a hearing on impoundment is supposed to be conducted, it’s crystal clear that they’ve yet to train anyone on it."

Right now they’re using the citation issued by the impounding officer at the time of the tow to uphold a decision to tow. This is in violation of ORS§ 809.716, a section of Oregon law that requires the impounding officer to appear or submit an affidavit in lieu of an appearance. A written citation is not an affidavit under the law, and certainly is not an appearance.” Wischerath added.

Click here for more coverage of the case, http://www.registerguard.com/rg/news/local/31439075-75/county-car-gill-vehicle-eugene.html.csp