Facts

In July of 2004, Eugene Police Officer Roger Magaña was sentenced to 94 years in prison for a series of sexual assaults against 13 victims that occurred while he was in uniform and employed as a Eugene police officer. The investigation revealed upwards of 45 potential victims.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended various theories of Monell liability against the City of Eugene for the actions of Magaña. Plaintiff contended there was a pattern and practice of insufficient police supervision on evening shifts that allowed officers to act with impunity. The plaintiff contended there was a pattern of failing to investigate sexual misconduct reported by citizens against the police. The plaintiff identified 13 specific incidents of misconduct by Magaña. Plaintiff contended the Eugene Police Department had notice of Magaña's misconduct and failed to take any action.

DEFENDANT'S CONTENTIONS:
The defendant contended that the policies, procedures and practices of Eugene Police Department were constitutionally sufficient and the actions of Magaña were acts of an individual officer which, when discovered, resulted in his being fired and criminally prosecuted.

Settlement Discussions

The parties conducted their own settlement discussions. No progress was made until the court issued a 39-page order allowing some of plaintiff's Monell claims to go forward. The case settled shortly thereafter.

Result

Settlement, $900,000.

Other Information

The settlement discussions were conducted by plaintiff's counsel, Michelle Burrows, and Resolution Counsel, a Portland, Oregon firm that focuses on assisting parties in settling their disputes. Resolution Counsel was able to successfully negotiate settlements in all 14 of the civil cases arising out of the criminal conduct of Magaña and another officer whose criminal conduct came to light at approximately the same time as that of Magaña. Settlement was facilitated by the City's decision, before any civil suits were filed, that it would fairly compensate the victims of the officers' criminal activities, irrespective of the City's liability. This is the highest settlement ever paid by the City of Eugene for sexual misconduct. Other plaintiffs settled for lesser amounts.