#Phase4: Tort Claim Notice, Delivered May 11, 2018

Originally Posted: May 12, 2018
Updated: August 2018

On May 11, 2018, after the criminal charges that had been filed against me were dropped in full (because there was no evidence to support the allegations that led to my illegal arrest and, in fact, all the documentation that was available fully supported my innocence with respect to the charges) we submitted a Tort Claim Notice stating our intent to sue the agencies and individuals who materially participated in my persecution and harassment over the past 2+ years. The paragraph below is the opening paragraph of this tort claim notice.

Interestingly enough given the timing, had the courts taken one more calendar day to dismiss my case, we would have been outside the statute of limitations, missing the deadline altogether for submitting the tort. [Coincidence?] Things were really up against the wire!

Opening paragraph:

“To Whom It May Concern: This tort claim notice is provided on behalf of Tamara Rubin pursuant to ORS 30.275. This letter serves as notice that Ms. Rubin may sue Oregon public entities and employees of those entities, including but not limited to the State of Oregon, the Oregon Department of Justice, the Oregon Department of Human Services, the Multnomah County Sheriff, and the Multnomah County District Attorney for the wrongful prosecution and arrest of Ms. Rubin.”  [To continue reading the full notice, please click on the image of the first page below.]

Note: In the context of my “odyssey” (the enormous mess that is the direct result of the attacks on my advocacy work and attacks on me personally over the past 2+ years’s timeline,) I am calling what happens next (beginning right after the criminal charges were dropped) “Phase 4”; consider the below list the helpful “program notes” for the ridiculous drama to date:

Phase 1 (starting in March of 2016) was the DOJ inquiry into the financial practices and health of the nonprofit I founded, Lead Safe America Foundation. (read more here)

Phase 2 (from May to September of 2017) was the exhaustive investigative audit of my personal finances in relation to this matter by the IRS — which led to the IRS’ eventual complete dismissal of the concern (read more here).

Phase 3 was my illegal arrest (November 28, 2017), and the resultant financial hardship, defamation and other damages (read more here and here).

Phase 4 (starting now – Spring/Summer 2018) will be to seek justice being served in this matter, including (but not limited to) my attorneys fees being reimbursed, my lost income being recovered, my reputation as an advocate being restored and getting back to my “life already in progress” (including finishing my film!)

As shown in the notice below (click the image to read the full four-page notice!), the entities we intend to sue include:

  • The Oregon Department of Justice
  • The Oregon Department of Human Services
  • The Multnomah County Sheriff’s Office and
  • The Multnomah County District Attorney

However, while on the surface it seems like the worst part of the ordeal is over, it is not. This has all left us with nothing, on the brink of financial ruin and fighting just for the basics (like keeping our children fed and cared for!)

I still need the help of my friends, fans, readers and followers in order for this effort to have a good outcome.

As always, donations (in any amount!) in support of my advocacy work and legals fees are welcome (links below), however, please let me know if you are in a position to help with any of the following:

• Recommending an Oregon attorney for my team who can take the full case (against the State of Oregon and others) on contingency – including incidentals and related costs. [August 2018 Update: We found a social-justice focused civil rights attorney (based in Portland) to help with this, and he is currently reviewing the case in-depth this month to decide if he can take it on!]

• Loaning me funds short-term [for the next 12 months] — to be repaid, with interest, when my family farm sells, so I can get current on my bills (including many bills directly related to my legal case and my advocacy), goal: $50,000. [August 2018 Update: At this moment our home is actually in active foreclosure as a result of all of this, and some of these funds (about $18,000) will be used to reinstate our mortgage so we don’t lose our home. I also urgently need to cover a payment of about $14,000 to my criminal attorney team so they can be available to represent me on-contingency – in collaboration with the attorney noted above – for Phase 4.]

• Refer me to a journalist in the national press [the Washington Post? The New York Times? Huffington Post?] who may be interested in writing a solid investigative journalism piece about this story.

• Help me line up events/speaking gigs to help me cover my costs during this time (my base event fee is $5,500, and I often integrate free blood-lead testing and free consumer goods testing for all attendees at these events).

• Help me find a literary agent that might be interested in signing me for a book deal based on this case.

Thank you for reading!

As always, feel free to let me know if you have any questions.

The best email to reach me at is TamaraRubin at Mac dot com.

Tamara Rubin

Chip In

Click the image below (of the first page of the notice) to read the full notice.

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