Harrison v. City of Bend et al

Oregon District Court
Judge:Mustafa T Kasubhai
Case #: 6:26-cv-00395
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Mar 02, 2026
Terminated:May 08, 2026
Last checked: Thursday Apr 16, 2026 1:03 AM PDT
Defendant
Officer Jeremy Avery
Defendant
City of Bend
Defendant
Deschutes County
Defendant
John and Jane Does
Defendant
Officer Daniel Ficek
Defendant
Kyle Fleming
Defendant
Lieutenant Eric Hagan
Defendant
Eric King
Defendant
Chief Mike Krantz
Defendant
Officer Ashlee Shultz
Plaintiff
Tristann Melanie Harrison
Deschutes County Adult Jail 6333 Highway 20 West
Bend, OR 97703


Docket last updated: 05/29/2026 11:59 PM PDT
Friday, May 08, 2026
14 14 order Judgment Fri 05/08 4:13 PM
JUDGMENT signed on 05/08/2026 by Judge Mustafa T. Kasubhai: Based on the record, IT IS ORDERED AND ADJUDGED that this action is dismissed with prejudice, except to the extent this Court lacks jurisdiction, where the dismissal is without prejudice. Pending motions, if any, are denied as moot. (Deposited in outgoing mail to pro se party on 05/08/2026.) (bd)
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13 13 order Order on Motion/Application for Leave to Proceed IFP FORM EVENT Fri 05/08 4:09 PM
ORDER by Judge Mustafa T. Kasubhai: Before the Court is Plaintiff's Application for Leave to Proceed IFP, ECF No.2 . The Court liberally construes the filings of self-represented plaintiffs and gives them the benefit of any reasonable doubt. Hebbe v. Pliler , 627 F.3d 338, 342 (9th Cir. 2010). Plaintiff's Complaint nonetheless reveals "that the action is frivolous or without merit." Tripati v. First Nat'l Bank & Tr. , 821 F.2d 1368, 1369 (9th Cir. 1987) (citations omitted); see also 28 U.S.C. § 1915(e)(2). Plaintiff challenges the actions of various Deschutes County and City of Bend officials related to her arrest and prosecution. Plaintiff fails to allege a cognizable claim over which this Court has jurisdiction. Most of Plaintiff's claims ask this Court to review state court decisions or issues that are otherwise "inextricably intertwined" with those decisions. Cooper v. Ramos , 704 F.3d 772, 779 (9th Cir. 2012) (quotation marks and citation omitted). Those claims are barred by the Rooker-Feldman doctrine and outside the jurisdiction of this Court. See id. Plaintiff's other allegations fail to state a claim. Plaintiff's allegations supporting her claim for First Amendment retaliation do not allow the Court to infer that her complaints were "a substantial motivating factor" for the allegedly retaliatory conduct. Ariz. Students' Ass'n v. Ariz. Bd. of Regents , 824 F.3d 858, 867 (9th Cir. 2016). Plaintiff also does not allege facts that allow the Court to infer that "[D]efendants acted with an intent or purpose to discriminate against [her] based upon membership in a protected class." Furnace v. Sullivan , 705 F.3d 1021, 1030 (9th Cir. 2013) (quotation marks and citation omitted). Plaintiff's claim under Monell fails because Plaintiff does not allege any facts that indicate any policy, pattern, or practice of violating individual constitutional rights. Dougherty v. City of Covina , 654 F.3d 892, 899 (9th Cir. 2011). Accordingly, Plaintiff's Complaint, ECF No.1 , is DISMISSED. The Court declines to allow leave to amend because it is "absolutely clear that the deficiencies of the complaint could not be cured by amendment." Tripati , 821 F.2d at 1370 (quotation marks and citation omitted). Plaintiff's Application to Proceed IFP, ECF No.2 , is therefore DENIED. Id. ("A district court may deny leave to proceed in forma pauperis at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit."). (Deposited in outgoing mail to pro se party on 05/08/2026.) (bd)
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Monday, May 04, 2026
12 12 motion Appoint Counsel Mon 05/04 4:43 PM
Amended Motion for Appointment of Pro Bono Counsel. Filed by Tristann Melanie Harrison. (jw)
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Monday, April 13, 2026
11 11 motion Appoint Counsel Thu 04/30 8:32 AM
Motion for Appointment of Pro Bono Counsel. Filed by Tristann Melanie Harrison. (jw)
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Thursday, April 09, 2026
10 10 trial Exhibit Thu 04/09 12:29 PM
Exhibit A. Filed by Tristann Melanie Harrison. (jw)
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9 9 notice Address Change Thu 04/09 12:21 PM
Notice of Change of Address. Filed by Tristann Melanie Harrison. (jw)
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Friday, April 03, 2026
8 8 motion Appoint Counsel Fri 04/03 10:53 AM
Motion for Appointment of Pro Bono Counsel. Filed by Tristann Melanie Harrison. (jw)
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Att: 1 Memorandum in Support
Tuesday, March 17, 2026
7 7 service Clerks Notice of Mailing Tue 03/17 11:53 AM
Clerk's Notice of Mailing to updated address to Tristann Melanie Harrison regarding Case Assignment Notice3 . (bd)
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Friday, March 13, 2026
6 6 oth_evt Returned Mail Mon 03/16 2:17 PM
Mail Returned - Undeliverable: Case Assignment Notice3 sent to Tristann Harrison on 3/2/2026 returned as undeliverable. (jw)
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Wednesday, March 04, 2026
5 5 motion Application for CM/ECF Registration as a Self-Represented Party Wed 03/11 10:15 AM
Application for CM/ECF Registration as a Self-Represented Party. Filed by Tristann Melanie Harrison. (jw)
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Tuesday, March 03, 2026
4 4 5 pgs order Order Tue 03/03 12:59 PM
Case Management Order signed on 3/3/2026 by Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 03/03/2026.) (bd)
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Monday, March 02, 2026
3 3 oth_evt Case Assignment Notice - FORM EVENT Mon 03/02 4:37 PM
Notice of Case Assignment: This case is assigned to Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 3/2/2026.) (jw)
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2 2 motion Application for Leave to Proceed IFP Mon 03/02 4:36 PM
Application for Leave to Proceed IFP. Filed by Tristann Harrison. (jw)
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1 1 cmp Complaint Mon 03/02 4:34 PM
Complaint. Jury Trial Requested: Yes. Filed by Tristann Harrison against All Defendants.. (jw)
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Att: 1 Civil Cover Sheet