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Pusateri v. Klamath County Sheriffs Office

United States District Court, D. Oregon, Medford Division

January 12, 2018

MATTHEW ROBERT PUSATERI; DALTON ROBERT PUSATERI, Plaintiffs,
v.
KLAMATH COUNTY SHERIFFS OFFICE; RYAN HUNTSMAN; MARK BORGES; WEBBER; ELLIS, Defendants.

          OPINION & ORDER

          ANN AIKEN UNITED STATES DISTRICT JUDGE.

         Plaintiffs Matthew Robert Pusateri and Dalton Robert Pusateri seek leave to proceed in forma pauperis (IFP) in this civil rights action against the Klamath County Sheriffs Office (KCSO) and a number of individual deputy sheriffs employed by KCSO. For the reasons set forth below, the Pusateris' Complaint, ECF No. 1, is DISMISSED with leave to amend. The Court defers ruling on the Pusateris' Application for Leave to Proceed IFP, ECF No. 2, pending submission of an amended complaint.

         BACKGROUND

         The Pusateris' Complaint is disjointed and difficult to read. It largely consists of a disconnected recitation of incidents and grievances, apparently involving an unnamed home owner's association (HOA), as well as conflicts between the Pusateris and various private individuals and Klamath County employees. The following summary is derived from the Complaint:

         I. First Claim

         In the first claim, the Pusateris allege that KCSO Deputy Ryan Huntsman responded to a report of assault on August 29, 2012. The details of the alleged assault are not included, nor are details of Deputy Huntsman's investigation, other than that he interviewed both parties. At some point after this, someone, presumably the Pusateris, discovered that an HO A president named Mark Thompson was involved in a theft. On September 12, 2012, someone named Matt Langsford and his girlfriend Jasmin were held hostage by three armed men, allegedly in retaliation for the events of August 29, 2012. The Complaint offers no details about any of these individuals or events, nor does it explain how they are related.

         II. Second Claim

         The Pusateri's second claim appears to involve two separate incidents. The first, which took place on April 30, 2013, involves an altercation between "KFFE HOA Treasurer Linda Rossiter" and an unnamed HOA member in which Rossiter is alleged to have been on the unnamed HOA member's property while armed with a rifle. Rossiter was arrested by KCSO Deputy Mark Borges, although the Pusateris "don't think she faced charges."

         The second incident occurred on July 7-8, 2013. On July 7, 2013, the Pusateris allege that KCSO received a call from an individual named Bill Beaumont, in which Beaumont threatened to kill Matthew Pusateri if KCSO did not respond. In the early hours of July 8, 2013, KCSO deputies responded to reports of gunshots, apparently fired by Beaumont. There are no details about this incident, other than that the Pusateris were unsatisfied with the KCSO deputies' investigation. The Pusateris allege that two days after the incident, Beaumont "fired three shots in a tan truck, " No other details are alleged.

         III. Third Claim

         The Pusateris' third claim alleges that Matthew Pusateri drove to KCSO headquarters on October 10, 2013, to report misconduct and financial irregularities. Who precisely committed these offenses is unclear, although the Court infers that it involved the Pusateris' HOA. KCSO deputies told the Pusateris that it was a civil matter and declined to investigate.

         IV. Fourth Claim

         The Pusateris' fourth claim alleges that an individual named Steven Edward Dann (or Danne) was murdered on May 10, 2014. The Pusateris claim that Dann was murdered with the same guns, and presumably the same individuals, who were involved in the July 8, 2013 incident. The Pusateris reported their suspicions to the authorities in Klamath County, who declined to investigate.

         V. ...


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