Whiteaker residents sue police over raid.

Byline: Bill Bishop The Register-Guard

A lawsuit over a controversial 2002 drug raid in Eugene's Whiteaker neighborhood claims that police lied to persuade a judge to give them a search warrant to raid three adjacent houses near West Fifth Avenue and Adams Street in search of a marijuana growing operation.

The early morning raid - in which 59 officers used an armored truck and diversionary explosions of "flash-bang" grenades in a militaristic show of force - found no drug operation and resulted in no criminal prosecution.

Whiteaker residents Tam Davage, 37, and Marcella Monroe, 43, threatened suit more than a year ago.

The 46-page complaint by Eugene lawyer Martha Walters arrived last week in federal court in Eugene and seeks at least $25,500 in damages and possibly much more for punitive and other damages.

Eugene attorney Jens Schmidt, who represents the city, declined to comment on allegations in the lawsuit.

While the incident has been dogged by claims police used excessive force, the lawsuit is the first to publicly detail allegations that police misled the judge who issued the search warrant by omitting facts that contradicted their belief a drug operation existed in a vacant home or other structures on the properties.

For example, the Whiteaker raid was prompted by the arrest of a Portland man, Roman McCloskey, who was accused of growing more than 500 marijuana plants.

In the Portland raid, police found a cashier's check to McCloskey for $2,100 from Monroe, along with other papers with Monroe's name and former business address. Portland police also noted McCloskey and Monroe had jointly owned a car in 1997.

However, in the sworn statement for the Whiteaker raid, investigator Karol Herbert did not tell the judge the $2,100 check was to McCloskey's maintenance service and was specifically labeled as payment for demolition and debris removal at the Eugene residences from storm damage the previous February.

Herbert's affidavit also did not mention that McCloskey and Monroe, former domestic partners, had not owned a car together since 1997, according to the lawsuit.

The affidavit also failed to mention that Davage operated a jewelry and metalsmithing business from one of the homes, which explains why the basement contained electrical outlets for overhead lighting and ventilation, the lawsuit claims.

The affidavit also describes a "thick dark power cord" running from one of the houses to a small wooden outbuilding from which officers heard a humming sound.

The affidavit did not say the outbuilding had been converted into living quarters and the humming was a window fan operating in summertime, thus misleading the judge to believe growing equipment had been installed inside, the lawsuit claims.

While the affidavit described potting soil and pots on the property, it did not tell the judge that Monroe operated two landscaping businesses at the location. It did not describe 600 legal landscaping plants that were on the site in plain view, according to the lawsuit.

While officers quoted in Herbert's affidavit said they momentarily smelled the "light odor" of growing marijuana in the vicinity of the homes, the affidavit did not report that at least four of the neighbors on both sides of the residences hold Oregon medical marijuana cards authorizing them to grow a limited number of plants legally, according to the lawsuit.

The affidavit also failed to mention that Herbert, working undercover and posing as a potential buyer, toured the vacant residence and did not smell marijuana.

It also failed to note the suspects have no criminal record, the lawsuit says.

Davage and Monroe seek about $20,000 for property damaged by police and additional payment for lost business profits, emotional distress, damage to their reputations, punitive damages, legal fees and other losses.

The case is assigned to U.S. District Judge Michael Hogan. No court dates have been set.