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June 10, 2016 • Seaside Signal • seasidesignal.com • 3A Charges dismissed against man convicted in Seaside case Marion County judge rules that plaintif’s claims are barred by statutes of limitations in court documents only as “J.M.” J.M. was 15 in Decem- ber 1998, when he was sent to MacLaren and assigned to the residential area in which Mil- ligan was working at the time. Milligan, already serving combined prison sentences of 36 years, was convicted in September 2015 of crim- inal charges stemming from the incident at MacLaren, for which Marion County Judge Cheryl Pellegrini tacked an additional 35 years onto his sentence. However, the civil case may have reached its conclu- sion after a different judge, Claudia Burton, entered a ruling on summary judgment on May 9 against J.M. and his attorneys, of the Portland irm Kell Alterman & Runstein. Burton ruled on two of the central issues in the case, both of which, in different ways, deal with statutes limiting the windows of time in which claims may be iled for dam- ages stemming from injury or sex abuse. The defense had argued that the $5.5 million lawsuit was subject to the Oregon Tort Claim Act, which requires claims against government agencies to be noticed within By Tyler Francke Woodburn Independent A Marion County lawsuit that concerned alleged sex abuse crimes perpetrated at MacLaren Youth Correctional Facility has been dismissed, after the judge in the case sided with the defense in an April 25 summary judgment hearing. The case centers on Frank James Milligan, 47, a convict- ed child sex predator whose most infamous crime was the July 2000 abduction of a 10-year-old boy, whom he sexually assaulted, choked unconscious and left for dead in a park in Dallas. He was also charged and convicted of the sexual molestation of a Seaside boy in 1999. Prior to these crimes, he had previously been em- ployed by the Oregon State Hospital and Oregon Youth Authority, working as a group life coordinator at MacLaren from May 1997 until being placed on leave by OYA in 1999. He was formally dis- missed in 2000. While at MacLaren, he allegedly sexually assaulted at least one youth offender housed there, a man identiied Frank James Milligan six months of the alleged injury and iled within two years. In this case, the crimes occurred in 1998, and the claim was not iled until 2014 because — according to the plaintiffs — J.M. had repressed the memo- ries of the abuse. However, the plaintiff had countered that a differ- ent provision of Oregon law (ORS 12.117) should apply, which allows victims of child sex abuse until the age of 40 to ile claims. One of J.M.’s attorneys, Dennis Steinman, said his client was only 30 when the claim was iled. Burton ultimately ruled in favor of the OYA. “As a statute of limitations, ORS 12.117 does not apply to claims brought against the state of Oregon that are sub- New CEO aims to meet the challenges at Providence Seaside By Nancy McCarthy EO Media Group With a new CEO in charge, Providence Seaside Hospital could be in for sev- eral changes. More full-time doctors will be hired. More partnerships may be formed with Colum- bia Memorial Hospital. The Providence Seaside campus could even get a new look. Hired in January, Kend- all Sawa came to Providence Seaside from Ocean Beach Hospital in Ilwaco, where he had been chief executive since late 2012. He formerly served in sev- eral positions at PeaceHealth Ketchikan (Alaska) Medical Center for 17 years, before taking the helm of Ocean Beach Hospital under a man- agement agreement between the public hospital district and PeaceHealth to manage daily operations. The agreement ex- pired Jan. 31. The move from Peace- Health to Providence Health & Services wasn’t a giant leap, Sawa said. Both systems are Catholic not-for-proits, they are located on the ru- ral coast and their values are much the same. He calls his new job “an exciting journey for me.” Scouting for docs The challenges facing the 25-bed Providence Seaside, Sawa added, aren’t too differ- ent than those faced by hos- pitals in other small commu- nities. Recruitment, changing reimbursement systems as a result of the federal Afford- able Care Act and competition with other local hospitals are among his top concerns. But Sawa is optimistic. Af- ter recently introducing four new full-time specialists to the community, he is continu- ing to scout for more primary care doctors in the Cannon Beach, Seaside and Warren- ton clinics. He’s using the coastal beauty as bait, and he’s pretty sure it will work; more pro- viders — including a nurse practitioner, physician’s as- sistant, an internal medicine physician and two walk-in clinic specialists — are ex- pected to arrive at Providence Seaside in the next six to nine months, he said. “It’s a beautiful place to come and work,” Sawa said. “There Kendall Sawa are providers looking for an opportunity to serve a small community hospital like Providence Sea- side.” But, he added, every com- munity wants more primary care doctors, which are be- coming rare nowadays. Medi- cal school graduates are going into the higher paying special- ties instead of serving general populations. Being in a small commu- nity hospital has its disadvan- tages: It means being on call much more frequently than in a larger hospital, where there may be little or no on-call duty. It may be dificult to ind an affordable home, and the doctor’s spouse or partner may not be able to ind appro- priate work. But, Sawa noted, there’s one big advantage: “In a ru- ral community, you really get to know the people you see as patients.” There are oth- er pluses, too, he added. The North Coast is a good place to make a lifestyle change. “We’ve been lucky to ind several candidates who want to make this a place to live,” Sawa said. Collaborations Providence Seaside also will continue to ind ways to form partnerships with Co- lumbia Memorial Hospital in Astoria, Sawa added. “The walls are breaking down,” he said. “It’s the right thing to do. We are collabora- tively working together.” When CMH announced that it was ending its home health services at the end of April, Providence Seaside agreed to pick up CMH’s 17 patients. The Seaside hospi- tal already serves about 100 home health patients — those who need medical attention but can’t leave home and don’t need a nursing home. In addition, the two hos- pitals are collaborating with D EL ’S O .K . each other and with Clatsop Behavioral Health to create the Clatsop Behavioral Health Respite Center for those who need treatment for mental health crises. The Warrenton center is expected to open at the end of May. While CMH recently be- came afiliated with Oregon Health and Science Univer- sity in Portland, Sawa points to the strength of the overall Providence Health & Ser- vices system, which stretch- es over seven states. It is the third-largest health system in the United States. Seaside Providence also is working with Ocean Beach Hospital by sending cardiol- ogist Robert Morse there on a regular basis. “He already sees a lot of patients from that area,” Sawa said. To provide service for its rural residents and still stay within budget, the hospital is increasing its use of “telemed- icine,” where patients talk to doctors online and don’t have to travel to appointments. The online process is being used to admit patients to the hospital and to have follow-up discus- sions with cancer and stroke patients. The system is even being used in the intensive care unit. With the addition of doc- tors and other personnel, the hospital may have to expand outside its current boundaries on Wahanna Road in Seaside, Sawa said. A master construc- tion plan is being worked on, he added, and more off-cam- pus ofices may opened. “We are deinitely out of space,” Sawa said. ject to the mouth shut Oregon Tort because no ‘The net efect of the judge’s ruling is that if a child is Claims Act,” one would abused by a … private entity, you have until you’re 40 believe him she wrote. In a phone years old to bring the claim, but if you’re abused by a and threatened interview last break his public entity, you have this very short window to ile.’ to week, Stein- neck. man was of “Plaintiff Attorney Dennis Steinman, the opinion lived in fear speaking on Judge Claudia Burton’s ruling that this deci- that Milligan sion creates a would sexu- “disconnect” ally assault in the law. was established by the Ore- him again during the time that “The net effect of the gon Supreme Court. Plaintiff was at MacLaren,” judge’s ruling is that if a child But Burton decided that, the complaint read in part. is abused by a church or the since Section 1983 is a federal J.M. was released from Ma- Boy Scouts or some other code, her decision was bound cLaren in September 1999. private entity, you have until by federal case law. That The complaint originally you’re 40 years old to bring means J.M. had only until his named OYA as a defendant the claim, but if you’re abused 19th birthday, in 2002, to ile in the case, along with Rich- by a public entity, you have his claim. ard Hill and Gary Lawhead, this very short window to The plaintiff may appeal who were, at the time, the ile,” he said. “And if you’re the ruling, if he iles a notice director of OYA and super- 5 years old, you may not even within 30 days of the judg- intendent of MacLaren, re- realize that you were abused ment being entered. Steinman spectively. However, Hill until you’re 30.” said he could not comment on was voluntarily dismissed by The second issue con- whether they would appeal, the plaintiff in a motion iled cerned differences between citing attorney-client privi- April 1. Oregon and U.S. case law in lege. The petition said J.M. regard to Section 1983, a fed- The initial complaint al- blocked out the abuse after eral statute commonly used to leged that, on two separate oc- being released, and the mem- bring claims of alleged civil casions during the plaintiff’s ories did not begin to resur- and constitutional rights vio- irst month there, Milligan or- face until 2012, when news lations. dered J.M. to accompany him broke of the sex abuse scan- Steinman said that feder- to the laundry room. Once dal at Penn State University al case law has established there, Milligan forced the involving Jerry Sandusky. a tighter window for when a plaintiff to perform a sex act Milligan is currently in plaintiff discovers the claims, on him and sexually assaulted custody at the medium-secu- but he and his irm had argued him, the complaint alleged. rity Two Rivers Correctional the court should use a differ- The complaint also said Institution in Umatilla. The ent discovery standard for Milligan grabbed J.M.’s earliest he would be eligible Section 1983 claims, which throat, told him to keep his for release is Sept. 25, 2071. Memorial Day remembrance Memorial Day from Page 1A gave up their life so I could stand on that beach,” Michael Heuvelhorst, an oficer of the Seaside Elks Lodge. “I just can’t imagine what it would take to repay that debt.” The liberty Americans have today — to celebrate the national holiday, to spend time with their loved ones — was paid for by those who gave their lives ighting for the country. “We need to remember this not only today, but every day,” Heuvelhorst said. Col. Michael Becker, from the Camp Rilea Armed Forces Training Center, gave a brief history of Memorial Day, which he called “America’s most solemn holiday. “This day is observed on the last Monday of May,” he said. “It is the day we set aside in which we give honor to the men and women who died while serving in the U.S. military.” The history is important, Becker said, to understand its signiicance. He urged the audience to share with their children “what this day is all about.” The event was capped by the traditional wreath-laying ceremony. Standing atop the Broadway Bridge and accom- panied by First Vice Com- mander Brad Moore, Greg McCollum, of Seaside, laid a wreath in the Neawanna Creek in memory and celebra- tion of his father, Jack McCo- llum, who served in the Kore- an War and died in November. Although Jack McCollum received a Bronze Star and was proud of his service to the KATHERINE LACAZE/FOR SEASIDE SIGNAL Local Boy Scout troops present colors during the Seaside American Legion Post 99’s annual Memorial Day observance. United States, “he was a very quiet individual,” and kept si- lent regarding his memories of the war, Greg McCollum said. “Most of the guys are si- lent,” he added. To have the life and service of his father, who was a mem- ber of the Seaside American Legion, remembered during the Memorial Day service was “overwhelming,” McCo- llum said. “It’s very special,” he said. The ceremony also in- cluded the singing of “The Star-Spangled Banner” and “God Bless America,” by Kayla Vowels, and “Amazing Grace,” by Maureen Boggs, a member of the Seaside Amer- ican Legion Auxiliary. Call For A free IN-HOME CONSULTATION! KATHERINE LACAZE/FOR SEASIDE SIGNAL State Rep. Deborah Boone, D-Cannon Beach, speaks during the Seaside American Legion Post 99’s annual Me- morial Day Celebration. Instead of an opening prayer, Post 99 Chaplain Jean- ie Peterman shared lines from war poem “In Flanders Field,” which is written from the per- spective of those who died in conlict. Now Hiring Shutters, Wood Blinds, Cellular Shades, Sot Shades, Vertical Blinds, Valances,Woven Wood & more! Full-Time Design Consultant Call for details D EL ’S O .K . is changing its name to Same great service Hours: Mon-Fri 8-6 Sat- 8-4 503-325-2861 35359 Business Hwy 101 For emergencies 503-325-0233 Astoria, OR (miles crossing) Ju n e 17, 18 & 19, 2016 Oregon Coast 503-738-5242 Lincoln City 541-994-9954 SW Washington 503-738-5242 www.budgetblinds.com *Offer not valid with any other offers. Offer good at time of initial estimate only. Offer good at participating franchises only. Each franchise independently owned and operated. 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