Courting Disaster

[April 4th, 2007] In the latest blow to an already-bruised Clackamas County Sheriff's Office, a deputy faces a federal lawsuit from a neighbor alleging that he abused his position in a squabble over $500 in supplies.

The suit filed Feb. 22 in U.S. District Court alleges that David Pownall, a civil deputy for 12 years, used his law enforcement position to harass and intimidate his neighbor in Milwaukie by filing false stalking and trespassing charges.

Plaintiff Larry Linnum says in his lawsuit that its underlying allegations against Pownall were sustained by an internal investigator for the sheriff's office last fall, and that harassment continues, with deputy sheriffs allegedly tailgating him and "casing the street in front of his house."

Lt. Bob Lowe, a spokesman for the Professional Standards Unit for the sheriff's office, says the allegations against Pownall were only partially sustained, but he would not elaborate or offer any supporting documents. "We don't give out any of that information without a court order," he says.

Sheriff's Office spokesman Detective Jim Strovnik says he can't comment on the alleged ongoing harassment. "I would hope that everyone reserves judgment until after the facts are on the table," Strovnik says.

Regardless, the lawsuit is one more black eye for the sheriff's office in the predominantly suburban county.

Three months ago, the department instituted its first drug-testing policy for employees, a response to two notorious cases involving deputies. In one, David Verbos was sentenced last September to 13 years in prison for a series of robberies. In the other, Raymond Lovelace pleaded guilty earlier in 2006 to one felony count of tampering with drug records and was sentenced to 15 days in jail and 18 months' probation. Both deputies have had their law enforcement certifications revoked.

The department is also facing another federal lawsuit in the Sept. 8, 2005, shooting of Fouad Kaady in the city of Sandy. That lawsuit claims Clackamas County Deputy Dave Willard—along with Sandy Officer Bill Bergin—used excessive force and attempted an unconstitutional arrest.

And now there's the federal lawsuit against Pownall, which says the allegations against the deputy are further proof of an "informal policy and/or custom of the Clackamas County Sheriff's Office that include the failure to train, supervise and discipline Clackamas County Sheriff deputies in the proper use of legal procedures and in the proper investigation of criminal activity."

According to the lawsuit, the dispute between Pownall and Linnum began in May 2006. That's when Pownall, 49, purportedly made a work-exchange agreement with Linnum, an unemployed 50-year-old.

Linnum said he'd do some yard work for Pownall if Pownall would help with repairs to his carport, kitchen floor and a shed in the back yard. Linnum did his part while Pownall was on a weeklong vacation. In addition to the yard work, he also painted a fence and pressure-washed a deck. When Pownall returned, Linnum billed him for $520.01—the cost of the supplies he used.

The lawsuit says Pownall expressed shock at the amount, prompting Linnum to reduce the bill by almost half. Pownall wrote a check for the full amount anyway, but Linnum refused to cash it.

Over the next few months, Linnum says he wrote Pownall several letters trying to repair the friendship. Instead, on Sept. 13, Pownall filed a stalking complaint against Linnum—a charge eventually dismissed by a Clackamas County Circuit Court judge because it didn't meet the minimal requirements of stalking, the lawsuit says.

"From my client's standpoint, he was trying to do something nice for Pownall,'' says Melinda Thomas, Linnum's attorney.

A nasty back-and-forth ensued. Linnum filed a complaint with the sheriff's office about Pownall's behavior. Pownall filed a complaint saying he suspected Linnum—or someone connected to Linnum—had tampered with a lock on his garage and cut the fuel line on his motorcycle. Linnum told the county that Pownall failed to obtain a permit to build his garage.

Neither Pownall nor Linnum could be reached for comment. Pownall didn't return phone messages, and a listing for Linnum was disconnected.

Clackamas County Counsel Edward McGlone says the county will file a motion this week to have the case dismissed.