Judge Dismisses Most Of Lawsuit Filed By Trooper Who Was Shot 12 Times

Oregon State Police Trooper Nic Cederberg was shot 12 times by a murder suspect after dispatchers failed to warn him.

Portland, OR – A bulk of the $30 million lawsuit that an Oregon state trooper filed against the Washington County 911 Center after he was shot 12 times has been dismissed by a federal judge.

Oregon State Police Trooper Nicholas Cederberg and his wife, Portland Police Bureau Officer Hayley Shelton, filed the lawsuit against the Washington County Consolidated Communications Agency (WCCCA) on Nov. 26, 2018.

In the lawsuit, Trooper Cederberg said that 911 dispatchers failed to provide him with “critical information” they had regarding the suspect, James Tylka, when they put out an “attempt to locate” on him on Dec. 25, 2016, KOIN reported.

The Washington County 911 Center completely omitted “critical information that Mr. Tylka had just killed his wife and was armed and suicidal,” according to the lawsuit.

Tylka ultimately attempted to execute Trooper Cederberg, who suffered 12 gunshot wounds and permanent disabilities as a result of the attack.

On Sept. 7, federal Judge Marco Hernandez ruled that the government entities could not be held liable for Trooper Cederberg’s injuries, because the dispatchers had only omitted information and did not intend to harm him, KOIN reported.

“[In] order to establish that the WCCCA Defendants were deliberately indifferent to a known or obvious danger to Cederberg, they must allege that the WCCCA Defendants recognized an unreasonable risk and actually intended to subject Cederberg to that risk,” Hernandez said.

“The facts didn’t match what the law requires, basically,” WCCCA’s attorney, David Lewis, told KOIN.

Trooper Cederberg learned that police were looking for Tylka at approximately 10:40 a.m. on Christmas Day, 2016.

Roughly nine minutes later, he spotted Tylka’s white Mitsubishi, and notified dispatchers that he was in pursuit.

Trooper Cederberg said that if dispatchers had made him aware that Tylka was a suicidal homicide suspect, he would not have followed him alone “down Gimm Lane, a narrow, dark and relatively isolated rural dead-end road,” according to the lawsuit.

Tylka ultimately slammed his Mitsubishi into Trooper Cederberg’s patrol vehicle, while simultaneously opening fire on him.

Trooper Cederberg was hit 12 times during the attack.

“It appears that Tylka fired the last few rounds while standing directly over Trooper Cederberg,” The Washington County District Attorney noted, according to KOIN.

Additional officers arrived at the scene and returned fire, hitting Tylka approximately 20 times.

The gunman died from a self-inflicted gunshot wound to the head, KVAL reported.

Trooper Cederberg suffered life-threatening injuries during the attack, and remained hospitalized for 48 days.

Although he has undergone 21 surgeries, his recovery is not over, KPTV reported.

At least one bullet remains lodged at the base of his spine, and bullet fragments from six gunshot wounds remain in his left arm, according to KOIN.

In addition to his permanent disabilities, Trooper Cederberg has also been diagnosed with post-traumatic stress disorder.

The suit further alleged that a Washington County Sheriff’s Office deputy failed to perform his duty a month before the attack, when he neglected to arrest Tylka for a domestic violence offense, KOIN reported.

The series of events that led up to the Christmas Day shooting began on Nov. 29, 2016, when the suspect’s estranged wife, Katelynn Tylka, called 911 to report that her husband was threatening to kill her and her new boyfriend.

Katelynn provided an unnamed Washington County deputy with text and voice messages from Tylka, but the deputy failed to arrest Tylka even though he had probable cause to do so, the lawsuit alleged.

The day after Katelynn reported the death threats, Tylka intentionally overdosed on insulin in a suicide attempt.

He was taken to Legacy Meridian Park Hospital, and an officer asked medical personnel to place him under a mental health hold.

“[The doctor] called the King City Police Department to complain about Mr. Tylka being brought to the emergency room…and stated that the circumstances ‘sounded like a criminal matter,’” the lawsuit said.

The doctor released Tylka from the hospital later that night.

The only portion of the lawsuit that has not been dismissed is the allegation against Legacy Meridian Park Hospital, KOIN reported.

The hospital’s attorneys have argued that the doctor who treated Tylka acted “with appropriate clinical judgement,” and that the lawsuit should be dismissed entirely, KOIN reported.

Trooper Cederberg was seeking $18 million for future pain and suffering and $2 million for past and current pain and suffering.

His wife and full-time caregiver, Officer Shelton, was seeking $10 million in damages.

“Trooper Cederberg acted heroically on the evening of December 25th, 2016,” Washington County Sheriff Pat Garrett said in a statement to KOIN in 2018. “We recognize the sacrifices he made to protect our community that night, and the sacrifices he has made throughout his career.”

“We continue to send our best wishes to Trooper Cederberg and his family,” Sheriff Garrett said.

In May, Trooper Cederberg was awarded the Medal of Valor by President Donald Trump during a ceremony at the White House, the Mail Tribune reported.

“It’s not necessarily even the events that happened that night, it’s the grit, the determination and the resilience he’s shown since then,” Oregon State Police Captain Tim Fox told the paper. “His attitude and his desire to strive, or thrive, it’s amazing. So that’s really where I believe he deserves this medal.”

“Our job is to keep people safe and stand watch for the wolves at our door,” Capt. Fox added. “Nic was one who took that challenge with the utmost respect. He took that and he did it. He was never one to back down from a challenge, never drive slow to a call.”

Comments (79)
No. 1-16
Inthegarge
Inthegarge

TIME for Government Agencies to be HELD Liable for their MISDEEDS...... The laws are only to allow GOVERNMENT CRIMINALS to be above the Law !! Remember HILLARY said " NO ONE IS ABOVE THE LAW ".....Time to put your MONEY where your mouth is !!!!!

jakki taylor
jakki taylor

If dispatch had reason to believe he was armed and dangerous, they were derelict in failing to relay the info; they need to lose their jobs or have intensive REtraining, complete with ride alongs.

Janken
Janken

It amazes me how much we the tax payers have to put out for illegals a year. BILLIONS AND BILLIONS and it seems like the left just doesnt care. Then when a police officer is mortally hit and he is struggling to exist. Nothing

ArizonaG30
ArizonaG30

get rid of the two obummer judge. They should NEVER respond to an emergency placed by the judge

Hi_estComnDenomn
Hi_estComnDenomn

trying to cash out in, I see. do some of y'all here call that "ghetto lottery"?

AnnykaV
AnnykaV

So a dispatcher can be a bumbling idiot, but as long as they didn't INTEND for something to go wrong the agency can't be sued? Yeah, no.

As a dispatcher my job was to make sure every one of my officers went home each night. If I failed in relaying critical information, or if I even screwed up reviewing wants and warrants returns and it got an officer hurt, my job would have been on the line.

Absolutely ridiculous.

Burgers Allday
Burgers Allday

I am surprised that the claims weren't dismissed based on governmental immunity.

8 Replies

IseeWhereThisIsGoing
IseeWhereThisIsGoing

I'm pretty sure that was the reason why the majority of the claims were dismissed, based on sovereign immunity.

Burgers Allday
Burgers Allday

Sounds good. Thanks ISWTIG.

RunningFromNY
RunningFromNY

Most every jurisdiction, from the Feds on down have waived sovereign immunity to one degree or another . . . which is why there are so many lawsuits against cities, states, towns and the Feds. The waiver comes with conditions, such as filing a notice of claim and typically a shorter statute of limitations, among others. But such lawsuits are not generally barred by sovereign immunity.

RunningFromNY
RunningFromNY

See e.g.: Federal Tort Claims Act

Burgers Allday
Burgers Allday

Was this case -- the Cedarburg case that this thd is about -- substantially dismissed based on immunities?

RunningFromNY
RunningFromNY

I haven't read the decision so I have no idea. I was making a more general observation. Having said that, from what I glean from the article, sovereign immunity does not seem to have been basis for the dismissal. It sounds more like the court used a proximate cause/duty analysis . . . which I think was flawed. There is a substantial body of law concerning general vs specific duty. The judge might have gone down that rabbit hole.

IseeWhereThisIsGoing
IseeWhereThisIsGoing

What are you talking about? no jurisdictions have waived sovereign immunity; what they have done is waived it under certain circumstances, and only under certain conditions

he United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party. The Federal Tort Claims Act and the Tucker Act are not the broad waivers of sovereign immunity they might appear to be, as there are a number of statutory exceptions and judicially fashioned limiting doctrines applicable to both. Title 28 U.S.C. § 1331 confers federal question jurisdiction on district courts, but this statute has been held not to be a blanket waiver of sovereign immunity on the part of the federal government.

That being said, sovereign immunity protects from simple negligence; however rarely provides immunity from gross negligence. Because the judge said "“[In] order to establish that the WCCCA Defendants were deliberately indifferent to a known or obvious danger to Cederberg, they must allege that the WCCCA Defendants recognized an unreasonable risk and actually intended to subject Cederberg to that risk," it appears that those two conditions (reasonableness and intent) are required to go from simple negligence to gross and malicious negligence

RunningFromNY
RunningFromNY

There is nothing inaccurate with what you say . . . but you raise a bloviating distinction without a difference from my original, much more succinct, post which was that "Most every jurisdiction, from the Feds on down have waived sovereign immunity to one degree or another . . . " and that "The waiver comes with conditions . . .". Note the mention of one degree or another and conditions, so we really don't disagree at all.

Later, after noting that I have not read the decision I took a stab at reading between the lines of the article, and I still doubt sovereign immunity was at the core of the Court's decision. You are free to come to a differing interpretation. That's what I'm talking about.

T00R
T00R

How can they NOT be liable? They're paid to do a job, and they failed. They are not paid to be a parrot. Culpability is not state of mind. They fxxked up!

Vodkabreakfast
Vodkabreakfast

12 HITS ?!? Still survived ?! What does this fella eat for breakfast? Concrete? Amazing physical fortitude !!

tfort
tfort

Going for that Blue Lotto.

Snodog
Snodog

Is anyone surprised that a liberal judge did this. I mean after all a released illegal killing or raping someone is not the fault of the city or state that released them.

DR226
DR226

Maybe this libtard judge dismissed most of the lawsuit because this brave deputy was given the medal of honor by President Trump. Three years and they're still butthurt Dems....Sad

Rdwaryer63
Rdwaryer63

I don't understand you all. Hi_estComnDenomn, Tfort and Burgers Allday suffer from Histrionic Personality Disorder, where they must be the center of attention, even if that is negative attention. They thrive on it and feel unappreciated if they don't receive responses back. In some cases, they are even aroused by it. Yet, you all continue to feed their condition by responding to them. If you really want to infuriate them or punish them, simply refuse to respond back to them. They will initially become even more agitated in an effort to elicit responses but if they don't get any attention, they will eventually go away, seeking another site where they can receive their desperately needed attention.

investigator
investigator

Oregon....Washington State....California....New York. EVERY Law Enforcement Officer in those four States should leave!!

GregoryThomas
GregoryThomas

As others have stated...GET OUT of these shitty states that hate you! You are more than welcome in all the other states including mine (Alabama) and we won't treat you like exploding lepers. We want & need qualified officers that wish to be real cops again. To not be forced to bow-down to the likes of antifa and the other commies. To uphold that laws...laws that actually make sense...laws that don't punish YOU!

Blackwolf1
Blackwolf1

Move on, wow you truly are a FUCKING MORON. And your teaching your kid to be a Cop Hater like you, Way to go DUMBASS. Hey kid if your reading this do yourself a favor, when you get older, get a job, save money, move away from your STUPID ASS DAD And enjoy your own life and not the one he wants you to have.