Sex offender sues Deschutes County, OSP

1-30-2015 Oregon:

Terrebonne man alleges county did not adequately notify him of “predatory” status

A Terrebonne man registered as a predatory sex offender has filed suit against Oregon State Police and Deschutes County in federal court, alleging the predatory designation, of which he was unaware, caused irreparable damage.

The complaint, filed Jan. 21, alleges Dean Edward Olmstead, who was convicted of third-degree sexual abuse in 1992, was designated predatory without his knowledge while he was under the supervision of Deschutes County Adult Parole & Probation. His name, photograph and address were subsequently listed on the Oregon State Police website. As of Thursday afternoon, Olmstead’s profile was accessible by the public.

Although Olmstead , 47, received notice he must register as a sex offender for life when he was evaluated by a Deschutes County Parole & Probation officer in 1993, the notice “did not contain any language designating (him) as a predatory sex offender,” the complaint alleges.

Olmstead was placed on 60 months’ probation after serving a 30-day sentence on the sex abuse charges, according to the Oregon Judicial Information Network. Parole & Probation did not provide accommodations suited to Olmstead’s developmental disability during postrelease assessments, according to the complaint.

The complaint also alleges Olmstead’s probation officer, Becky Jackson, determined in 1993 Olmstead was a predatory sex offender after she conducted a “risk assessment,” a scored worksheet evaluating risk.

Under Oregon law, a predatory sex offender is a person convicted of one or more of a specific set of sex crimes, convicted of an attempt to commit one of those crimes or found guilty except for insanity for one of those crimes and exhibits characteristics revealing a tendency to victimize or injure others.

In 2005, according to the complaint, a Deschutes County employee reportedly indicated to the state police sex offender registration office that Olmstead was determined predatory by the parole board or while on supervision. However, a space on the form to indicate that Olmstead had been notified of this was left unmarked, according to the complaint.

Olmstead was not notified he was going to be designated as a predatory sex offender, was given no explanation as to why and was not given the opportunity to respond, according to the complaint, written by Olmstead’s attorney, Daemie Kim, who declined Tuesday to provide further information on the claims in the lawsuit.

“We’re confident that notification procedures were fully complied with, including to Mr. Olmstead,” Deschutes County Counsel Dave Doyle said Thursday. Oregon State Police did not return calls for comment.

Olmstead is demanding a jury trial and has sued for $100,000 plus attorney’s fees, according to the complaint.

Deschutes Circuit Judge Roger DeHoog dismissed a motion to set aside Olmstead’s predatory sex offender designation in 2013 due to lack of jurisdiction, according to the Oregon Judicial Information Network. ..Source.. by Claire Withycombe

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