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Gainer files amended lawsuit against Troutdale

Suit adds bystander recovery claim for Wendy Gainer

Andy Gainer filed a lawsuit against the city of Troutdale and four individual defendants in August.

Gainer has now an added additional claim on behalf of his domestic partner Wendy Gainer.

“Really it's just a technicality,” said Gainer's attorney Montgomery Cobb. “The new claim is one that's not widely recognizable because Andy Gainer is not married to Wendy Gainer, the mother of his daughter and the woman he lives with. We're trying to get the same kind of benefits for her that you would get if you were married.”

Cobb said this kind of claim has occurred in other courts, but is relatively new in Oregon.

The additional complaint, filed Dec. 17, is called bystander recovery. It allows bystanders to an incident to recover damages for emotional distress.

The suit makes several claims against Troutdale Police Chief Scott Anderson, and three officers, Nick Bohrer, Nicholas Thomson and Tim Fuji. Gainer alleges he's the victim of defamation, false arrest and imprisonment, malicious prosecution, assault, battery and negligence of the police department, as well as the city of Troutdale.

Gainer's suit involves an incident that allegedly occurred Aug. 19, 2013. The suit claims Gainer was involved in an altercation outside of the Brass Rail Tavern. In defense, Gainer allegedly hit one man who confronted him.

The suit continues that two days later, two of the three attackers accused Gainer of assault.

Gainer is accusing the police of failure to investigate why the report was two days after the incident, as well as for his later arrest without an arrest warrant. The assault charge was later dropped based on evidence Gainer alleges he attempted to show officers while he was arrested.

Cobb said the next phase is discovery and an exchange of documents, which he expects to begin in a few weeks.

The suit asks for $2 million in damages, and $500,000 in damages for Wendy Gainer.

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