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.
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