Terri Lee Brown, who the Oregon Supreme Court found was wrongly returned to prison after an earlier release, has sued Gov. Tina Kotek, Washington County District Attorney Kevin Barton, clemency coordinator Nicole Townsend and other officials for $10,000,000 in damages.
Brown was one of nearly 1,000 commutations then-Gov. Kate Brown granted during the pandemic in 2020. Authorities released her eight months early while she was serving a five-year sentence for mail theft and drug possession.
A parole officer sanctioned Brown soon after her release, related to an allegation of assault, and she spent 30 days in jail. She later spent another two days in jail after a citation for driving with a suspended license.
But by late 2023, Brown had completed her post-release supervision.
A year later, after Gov. Kotek revoked dozens of the previous governor's pandemic-era releases, police re-arrested Brown.
Brown’s attorney, Ben Haile with the Oregon Justice Resource Center, said usually those returned to prison would get a hearing.
“Terry Brown, in contrast, didn't have any chance to speak to anyone who could release her,” Haile said. “There was no way for her to stop this runaway freight train.”
He said Brown was left in the dark as to why she was sent back. Eventually, she reached out to Haile's organization, which petitioned the Oregon Supreme Court for her release. A judge ordered Brown to be set free after she had spent over 80 days in jail, describing her imprisonment as “unlawful.”
“From the top down we've seen, from the records we've gotten so far, that everyone involved in this knew, or should have known, that to simply lock someone up for months with no hearing, no review and no chance to say anything about it is illegal,” Haile said. “It's wrong, it's dangerous, and it's not the way we do things in this country.”
Brown’s complaint claims she “has been profoundly traumatized and the course of her life has been irreparably altered because of the arbitrary exercise of power and cruelty by Governor Kotek" and others.
Brown alleges malicious prosecution, intentional infliction of emotional distress and violations of her constitutional rights. The complaint notes that she plans to add a claim for punitive damages at an appropriate time.
