A black man from Oregon sued the city of West Linn alleging that
police officers unlawfully surveilled him at work and then
falsely arrested him in retaliation for having raised complaints
with his employer about racial discrimination.

Michael Fesser of Portland claimed in the suit, an amended
version of which was filed last month in U.S. District Court in
Portland, that the incident left him suffering from emotional
distress and resulted in economic damages. He sued the city and
several members of the West Linn Police Department for false
arrest, malicious prosecution, defamation and invasion of
privacy.

West Linn police began investigating Fesser in February 2017
after Fesser raised concerns to his boss, Eric Benson, owner of
A&B Towing, that he was being racially discriminated against at
work.

According to separate court documents, Fesser said the
discrimination included coworkers' calling him racial slurs.
After he raised his concerns, Benson contacted West Linn Police
Chief Terry Timeus, his friend, and persuaded to look into
allegations that Fesser had stolen from the company, according
to the lawsuit.

The suit said the theft allegations were false and
unsubstantiated.

But with the approval of West Linn police Lt. Mike Stradley,
Detectives Tony Reeves and Mike Boyd used audio and video
equipment to watch Fesser while he was at work, according to the
suit. The surveillance was "conducted without a warrant or
probable cause" and did not result in any evidence that Fesser
was stealing from his employer, the lawsuit stated.

Regardless, West Linn officers, with the help of Portland police
officers, arrested Fesser days later based on Reeves' and
Stradley's "false representations" to Portland police that they
had probable cause for an arrest.

"Sgt. Reeves and Sgt. Boyd unlawfully arrested, detained and
interrogated Mr. Fesser in Portland, outside their jurisdiction,
without probable cause," the suit said, adding that the two
officers took Fesser's personal belongings, including papers
expressing his concerns about racial discrimination at work.

Fesser spent about eight hours at the police station before he
was released on his own recognizance. He was later contacted by
West Linn police to come to the station to retrieve some of his
belongings. While he was there, officers informed Fesser that he
had been fired from his job, according to the lawsuit.

"The West Linn Defendants' surveillance, arrest, incarceration
and interrogation of Mr. Fesser without a warrant or probable
cause and their pursuit of baseless criminal charges against Mr.
Fesser were racially motivated, retaliatory, extra-
jurisdictional and an egregious abuse of the power with which
the police are entrusted," the suit said.

According to the lawsuit, criminal charges in the arrest weren't
filed until after Fesser sued his employer over his termination
and for discrimination. The charges were later dismissed.

During the litigation in the lawsuit against his employer,
Fesser learned that the West Linn police investigation into the
alleged theft began as a favor to his former boss, according to
the suit. Text messages revealed during the legal proceedings
showed that Reeves and Benson discussed the investigation.

In one message, Reeves said Fesser should be arrested before he
went further with his racial discrimination complaint against
his job so it would not look like retaliation.

The City of West Linn has since settled the lawsuit and agreed
to pay Fesser $600,000. The lawsuit against his employer was
settled in March 2018 for $415,000.

Paul Buchanan, Fesser's attorney, said his client is pleased
that both cases have been resolved.

"He is doing fine," Buchanan said. "This was not about money for
him. This was about that they should not be allowed to do this."

According to Buchanan, the settlement against the police
department could be the largest in the state for a wrongful
arrest.

A&B Towing and the Portland Police Department did not
immediately return requests for comments.

The West Linn Police Department said the settlement "is not an
admission of liability."

"The City of West Linn and the West Linn Police Department do
not tolerate any acts of discrimination or disparate treatment
by its employees," the department said in a press release. "In
2018, when the allegations were first reported, an internal
investigation was conducted and swift and appropriate
disciplinary personnel action was taken."

https://www.nbcnews.com/news/us-news/black-oregon-man-told-his-
boss-about-discrimination-work-then-
n1135011?cid=referral_taboolafeed
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