Connell assesses $5,000 for case

By KYLE ODEGARD
Gazette-Times reporter

A judge called Jeff Lamb’s lawsuit last year against Benton County “completely frivolous and without any merit whatsoever,” and has assessed the Philomath businessman a $5,000 fee.

The award, the maximum allowed by Oregon law, came on the heels of the September trial, which was dismissed after damning testimony surfaced against Lamb.

The judge’s decision was a message against ridiculous lawsuits, and a somewhat rare step, said Portland attorney Bob Wagner, who represented Benton County in the case.

“It’s never happened before in my career,” Wagner said, adding that he has had hundreds of cases.

“Of course, it was very unusual for me to ask for enhanced prevailing party fees. I don’t think I’ve done that before, either,” he said.

Lamb had sought $60,000 from the county, alleging that a sheriff’s deputy broke his arm during an attempt to draw blood at the hospital for a drunken driving investigation in April 2000.

Police responded to the case because Lamb had crashed his motorcycle, and he registered a .197 percent blood-alcohol content, more than twice the legal limit under Oregon law.

The driving under the influence of intoxicants case, however, was dismissed after Lamb completed a diversion program.

Lamb asked that the September trial be dismissed after testimony revealed he allegedly purposely urinated on a nurse, and threatened and cursed at hospital staff.

In an interview Thursday, Lamb denied purposely urinating on the nurse, and said he couldn’t have possibly have done that.

“This is the demonization of Jeff Lamb continuing. … I didn’t get a fair trial. The system let me down,” he said.

“I’m sure the message to the public is don’t think about suing government or you will be punished, just like Jeff Lamb,” he said.

Lamb said that the maximum prevailing party fee wasn’t warranted, and was made as a political statement.

“Can I appeal this? If I can, I will,” Lamb said.

He added that the Benton County Sheriff’s Office has “harassed” him for 25 years, and fabricated allegations against him.

Prevailing party fees are awarded in virtually every case, but normally are a very nominal amount, said Judge David Connell, who oversaw the trial.

“I’ve been a judge for about a year-and-a-half, and I’ve never awarded one (the maximum) before this time,” Connell said.

Connell spoke briefly about the law in general, declining to discuss specifics in the case due to his position as a judge.

In his judgment, Connell said the “completely frivolous case … cost the public thousands and thousands of dollars.”

In addition to the maximum $5,000 in prevailing party fees, Lamb was assessed the statutory prevailing party fee of $500 and $205 in costs to the county.