Oregon
Mother of deceased inmate sues Oregon corrections agency, alleging wrongdoing, possible coverup • Oregon Capital Chronicle
If you or someone you know is struggling with thoughts of suicide or a mental health crisis, call or text 988 for free, immediate support 24/7.
After Jesse Banks died alone in his cell at Oregon State Penitentiary in Salem, a state medical examiner found a ripped up a mask to protect against disease crammed in the back of his bloody mouth.
The account, drawn from an Oregon State Police detective’s notes, is part of a wrongful death lawsuit filed against the Oregon Department of Corrections on Sunday in U.S. District Court in Eugene. The lawsuit, filed by Banks’ mother Patricia “Trish” Nemeth, lays out a series of allegations about Banks’ treatment in prison before his death on the morning of April 1, 2023 in a cell im the prison’s behavioral health unit.
More broadly, it seeks to hold the agency accountable for its treatment of Banks, a 35-year-old man who had a documented history of mental health challenges and needed medication. The lawsuit suggests either a coverup, negligence or both were involved and seeks damages of up to $20 million.
“The state actors were deliberately indifferent to the serious medical needs of Mr. Banks, either by strangling him to death, increasing his dosage to a fatal dose and then leaving him unattended for several hours while they had the responsibility to perform tier checks every 15 minutes,” the lawsuit said.
A spokesperson for the Oregon Department of Corrections declined to comment on the allegations.
Banks had a developmental disorder, and corrections agency’s staff failed to follow their rules for inmates and make the necessary checks for inmates with mental health conditions who are in solitary confinement, the lawsuit alleges. Those checks are supposed to happen every 15 or 30 minutes.
Instead, a corrections officer checking on Banks found him dead after more than two hours without any checks, the lawsuit alleged.
Wayne Lamb, a Salem attorney who represents the mother, said appropriate medical care and regular checks are crucial in a case like Banks.
The lawsuit says the prison “turned a blind eye” to his need for mental health care and that the state acted to cover up evidence. The mask mentioned in the detective’s notes was an N95, which is supposed to filter out 95% of particles in the air, including those that cause COVID.
The bloody mask was not mentioned in the autopsy report, the lawsuit said. Instead, the report said the upper airway was not obstructed, the lawsuit alleged.
The complaint said the autopsy investigation was flawed and that the state either “intended to bury evidence” or had no interest in the actual cause of death, the lawsuit said. The autopsy found the death was self-inflicted strangulation.
The lawsuit asserted Banks died in one of two ways – and the state was responsible in both cases. One possibility is that a state employee at the prison crammed the mask into his throat and the evidence was buried, the lawsuit said. The other is when a doctor inappropriately adjusted his medication, it forced an overdose and triggered a suicide, the lawsuit said.
Either way, the failure to conduct regular checks contributed, the lawsuit said.
“Whether the death was suicide or guard strangulation, the death was the product of a criminal act of intent or recklessness,” the lawsuit said.
Based on medical records, the lawsuit said Banks didn’t have an inclination toward suicide. Rather, he said he looked forward to his release while visiting with his family.
“He spoke of the future, of work, of National Geographic subscriptions and he generally spoke with optimism and level-headedness,” the lawsuit said.
The lawsuit said Banks faced bullying and harassment from corrections officers and struggled to get access to appropriation medications.
Banks bounced in and out of the criminal justice system and, at times, went to Oregon State Hospital for treatment so he could aid in his defense in court against various charges. His mental health and ability to face charges was repeatedly mentioned in his felony cases.
He also was imprisoned. In 2018, he went to Oregon State Penitentiary for a 38-month sentence and was housed in the behavioral health unit.
In 2022, he was sentenced on charges of aggravated harassment and assaulting a public safety officer and returned to the prison. When Banks died, he was about two years from his release date.
A corrections officer found him under his blankets and out of sight from the door, the lawsuit said.
Officers told investigators they made efforts to revive him with medical staff, but his body was no longer warm. He was already stiff and rigid from rigor mortis. They said they gave him CPR anyway.
“Whether true or not, it was clearly too late, as Mr. Banks was pronounced dead at 10:07 a.m.,” the lawsuit said.
The lawsuit opens the door for Nemeth’s lawyer to obtain more evidence, including potential security camera footage, and to interview prison staff to learn more about what transpired.
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Oregon
Tale of the tape: Previewing Oregon’s Class 3A football state title game between Cascade Christian and Burns
We’re at the final week of Oregon high school football and the Class 3A state tournament all comes down to No. 1 Cascade Christian (12-0) and No. 3 Burns (11-1).
Here is a breakdown of Saturday’s Class 3A state championship game, which will take place at 4:30 p.m. at Summit High School in Bend.
Last meeting: Burns won 46-19 in Week 3 of the 2014 season.
Quick fact: Cascade Christian is vying to become the first team to give up zero points en route to a state title since Regis won the Class A championship in 1973.
About Burns
Road to the final: Def. Phoenix 54-7 (first round), Vale 32-20 (quarterfinals), Banks 36-31 (semifinals)
Last state championship: 2024 (second)
Last state final: 2024 (fifth appearance)
Coach: Matt Bruck, third season (28-14)
Offensive leaders: QB Jack Wright, sr. (144-246-3-2445, 40 TDs pass; 88-491-12 rush); RB Tommy Winn, sr. (139-943-9); WR Coltin Miller, sr. (79-1505-21); WR Preston Hill, sr. (31-471-7); TE Cannon Kemper, jr. (19-342-8)
Defensive leaders: LB Jasper SkunkCap, jr. (73 tackles, 15 for loss); DL Joe Weil, sr. (68 tackles, 28 for loss, 11.5 sacks); LB Kemper (69 tackles, 10.5 for loss, 5.5 sacks); LB Colter Handley, soph. (56 tackles, 5 for loss); DL Ben Chamberlain, jr. (13 tackles for loss)
Lighthearted moment: Several weeks ago, the team played a game of “blob tag,” which requires teammates to remain attached by holding hands or interlocking arms, and as they tag players and attach them to the blob, it breaks off to form new blobs. Who started as the blob? Two of their biggest linemen — Weil and classmate Wesley Graham — trying to chase down their quicker teammates, which Bruck said was a funny sight.
Secret weapon: Weil also rated a mention as the leader of the Hilanders’ offensive and defensive lines.
“On the offensive side of the ball, they create gaps for Tommy and Jack to run through as well as protect Jack,” Challengers coach Jon Gettman said. “On defense, they just shut down a Banks team that had run the ball really well all season. They are a very physical, well-coached team that puts a lot of pressure on you.”
About Cascade Christian
Road to the final: Def. Pleasant Hill 68-0 (first round), North Valley 48-0 (quarterfinals), Gervais 36-0 (semifinals)
Last state championship: 2023 (fifth)
Last state final: 2023 (eighth appearance)
Coach: Jon Gettman, 16th season (155-32)
Offensive leaders: QB Deryk Farmer, sr. (89-147-4-1556, 16 TDs pass; 64-682-11 rush); RB Bryson Walker, jr. (89-986-27); WR Caleb Scaglione, sr. (38-563-7); WR Mikey Covey, soph. (11-353-2); WR Caleb Parker, sr. (15-335-3)
Defensive leaders: LB Covey (63 tackles, 14 for loss, 3.5 sacks, 11 hurries); LB Wyatt Hurley, jr. (59 tackles, 6 for loss); LB Walker (58 tackles); DE Alex Fiannaca, sr. (53 tackles, 11.5 for loss); LB Seth Scaglione, jr. (44 tackles, 10 for loss, 4.5 sacks); DE Austin Cook, jr. (9.5 tackles for loss)
Lighthearted moment: One night before the season kicked off, Gettman invited all the players and their fathers to gather for a night of worship and prayer along with a talk from guest speaker Brandon Boice, a former Oregon State player. It was such a success that Gettman held another session during their Week 7 bye.
“We spend so much time and effort on the gridiron,” Gettman said. “But the greatest blessing is seeing these young men grow up and be leaders in the community. So, taking a break from the season and just being able to speak to the weightier things of life is what I’m thankful for.”
Secret weapon: Bruck pointed to their big three of Farmer, Walker and Caleb Scaglione, “but everything has to run through their quarterback,” he said. “But really, you have to pay equal attention to their trio.”
— René Ferrán is a freelance reporter for The Oregonian/Oregon Live. René grew up in Portland and has written about high school sports in the Pacific Northwest since 1993, with his work featured at the Idaho Press Tribune, Tri-City Herald, Seattle Times, Tacoma News Tribune, The Columbian and High School on SI. He can be reached at rferran.oregonianhssports@gmail.com
Oregon State women’s basketball failed to keep pace with a dynamic offensive team Thursday night, as No. 17 Vanderbilt ran away from OSU, 88-66, in the Paradise Jam Tournament.
Playing their first game in the U.S. Virgin Islands, the Beavers (5-2) struggled against a high-pressure Vanderbilt defense, committing 21 turnovers.
The Commodores (7-0) got a game-high 35 points from superstar sophomore Mikayla Blakes and a career-high 17 from Justin Pissott. OSU got 15 points apiece from Jenna Villa and Ally Schimel, and 14 from Lizzy Williamson.
OSU fell behind 8-0 early, facing intense defensive pressure from the Commodores. Blakes was a force from the opening whistle, scoring 21 first half points.
The Beavers trailed, 26-13, after one, as Vanderbilt hit five three-pointers in the opening quarter alone.
But aggressive offensive play from Villa and Schimel cut the Commodores’ lead down to two in the second quarter.
With 2:30 left in the first half, a three-pointer from Cloe Vecina gave OSU the lead, 33-32. But Vanderbilt finished the half strong and took a 43-38 lead at the break thanks to the relentless scoring of Blakes and Pissott.
Vanderbilt carried their strong shooting into the third quarter, going on a 7-0 run to get it to 50-38.
The full-court press started to wear OSU down in the third, and Blakes took full advantage with easy buckets in transition. The Commodores extended their lead to 58-42 midway through the period.
Vanderbilt kept its foot on the gas pedal and didn’t look back, as Scott Rueck’s team committed 11 turnovers in the third quarter alone, getting out-scored 30-9. The Commodores went on a 21-5 run and took a 73-47 lead into the fourth.
Next game: Oregon State (5-2) vs. Virginia Tech (5-2)
- When: Saturday, Nov. 29
- Time: 11:00 a.m. PT
- Where: St. Thomas, U.S. Virgin Islands (Paradise Jam tournament)
- Stream: ESPN+
Thousands of residents across parts of California and Oregon have been advised to stay indoors where possible on Thursday due to concerns over high levels of air pollution.
The Environmental Protection Agency (EPA)’s AirNow map shows that areas including Cromberg, Portola, and Sattley in California, and La Pine in Oregon face “unhealthy” levels of air quality as on 03.10 a.m. ET on Thursday.
Why It Matters
Unhealthy levels of air pollution in the atmosphere can affect everyone, but vulnerable people, especially the elderly, children, and those with existing heart or lung conditions, can be particularly affected.
Exposure to poor air can lead to eye, throat, and nose irritation, coughing, chest tightness, or shortness of breath.
When pollution is in the “unhealthy” range, the EPA advises that sensitive groups avoid long or intense outdoor activities and consider moving or rescheduling them indoors. The EPA also recommends the remainder of the population to reduce long or intense activities, and to take more breaks during outdoor activities.
This is a developing story. More to follow.
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