A Case of Judicial Injustice
The Dismissal
During a hearing on January 12, 2026, a judge for the Washington County Circuit Court stated he would dismiss the part of Tiffany’s lawsuit (the claim for the “intentional infliction of emotional distress”) claiming damages for OHSU Hillsboro Medical Center’s concealment and falsification of information and records related to Tiffany’s alleged sexual assault. The judge’s reasoning was that the claim should be dismissed because Tiffany filed the first amended version of a document called a “complaint” without permission of the court. A “complaint” is a document that outlines the facts alleged by the plaintiff (the entity who filed the lawsuit), the legal justifications for the plaintiff’s claim, and the relief or remedy sought, such as money. An Oregon legal rule called “ORCP 23 A” and an Oregon Supreme Court ruling provide plaintiffs in Oregon the absolute right to file their first amended complaint without permission of the court if no defense parties have filed a “responsive pleading” (an “answer” to the complaint) and no “motion to dismiss” has been granted. At the time Tiffany filed her first amended complaint, no motion to dismiss had been granted, and no defense parties had filed a responsive pleading. Additionally, the allegations Tiffany added to her first amended complaint “related back” to the original complaint. Tiffany thus had the absolute right to file her first amended complaint without permission of the Washington County Circuit Court.
In her first amended complaint, Tiffany added the claim for the “intentional infliction of emotional distress.” (In Oregon, one commits the “intentional infliction of emotional distress” if, among other reasons, one’s conduct is intentional and either a) done for the purpose of causing severe emotional distress, or b) with the substantial certainty that the victim will suffer severe emotional distress.) This claim alleged that defense parties harmed her in a number of ways:
The claim alleged that a person intentionally inflicted emotional distress by modifying Tiffany’s medical record to falsify that Tiffany was with a female nurse at the time of Tiffany’s alleged sexual assault.
The claim alleged that OHSU Hillsboro Medical Center CEO Lori James-Nielsen intentionally inflicted emotional distress by directing staff to conceal and/or falsify information and records regarding Tiffany’s sexual assault allegation.
The claim alleged that OHSU Hillsboro Medical Center, as a corporate entity, committed the intentional infliction of emotional distress by concealing information and records supporting Tiffany’s sexual assault allegation, and by falsifying information and records contradicting Tiffany’s sexual assault allegation.
The claim alleged that Dr. Hildebrant intentionally inflicted emotional distress by sexually assaulting Tiffany.
The claim alleged that Dr. Hildebrant intentionally inflicted emotional distress by hiring men to stalk and intimidate Tiffany in retaliation for pursuing legal action against Dr. Hildebrant.
A claim for the “intentional infliction of emotional distress” is the only type of “tort” (civil wrong) Tiffany can use to to make a claim against OHSU Hillsboro Medical Center for intentional concealment and/or falsification of evidence. In other words, there is no way for a jury to render a verdict as to whether OHSU Hillsboro Medical Center intentionally concealed and/or falsified evidence regarding Tiffany’s sexual assault allegation if Tiffany’s lawsuit does not include a claim for the “intentional infliction of emotional distress.”
Even though Tiffany even filed with the court a legal document titled “Plaintiff’s Objection to Proposed Order and Statement of Points and Authorities” explaining how the court’s intention to dismiss her claim for the intentional infliction of emotional distress was unlawful, the judge then entered an order dismissing Tiffany’s claim for the intentional infliction of emotional distress in its entirety against all defendants. The Washington County Circuit Court dismissed Tiffany’s claim for the intentional infliction of emotional distress in its entirety with prejudice. This means that, in order for a jury to render a verdict as to whether OHSU Hillsboro Medical Center concealed and/or falsified evidence regarding Tiffany’s sexual assault allegation, Tiffany may need to appeal the judge’s order to a higher court. This can only be done during Tiffany’s lawsuit if the judge agrees to enter a limited judgement on the claim for the intentional infliction of emotional distress. Again, Tiffany is at the mercy of the prejudiced court.
It was not rational for the Washington County Circuit Court to dismiss the claim for the intentional infliction of emotional distress with prejudice. Even if the court has a legitimate reason to dismiss a claim, the court may allow a plaintiff to re-add the claim at a later time if the claim “relates back” to the original complaint. Tiffany should have been permitted to re-add a claim for intentional infliction of emotion distress to her lawsuit as the allegations in the claim “relate back” to her original complaint, as explained in the above document Tiffany filed with the court.
“When the Washington County Circuit Court falsely alleged that I didn’t have the right to add a claim for the intentional infliction of emotional distress, and dismissed with prejudice the part of my lawsuit alleging the concealment and falsification of evidence, I felt as if the county was telling me: The rules do not apply for you as a pro se litigant.”
The Gag Order
“I have experienced firsthand the prejudice that litigants representing themselves face in court. In my experience, it doesn’t matter if you file documents exactly like an attorney, the court will still treat you differently, as if the law and procedural rules don’t apply to you.”
“Because the court signed the gag order, I will not be able to share certain information proving that OHSU Hillsboro Medical Center concealed evidence strongly supporting my sexual assault allegation. That has significant consequences for public safety in Washington county.”
On March 23, 2026, at 8:42 AM, counsel for OHSU Hillsboro Medical Center filed a motion for a protective order (gag order), requesting that the court allow OHSU Hillsboro Medical Center to designate any documents they produce, and information contained therein, as confidential. OHSU Hillsboro Medical Center indicated in their filing that Tiffany objected to the protective order, that Tiffany would file her objection independently, and that Tiffany had written a different protective order. Per standard court procedure, Tiffany should have been given 2 weeks to respond to OHSU Hillsboro Medical Center’s motion. However, the judge violated due process and did not wait for Tiffany to object and make a motion for her own version of a protective order. The judge signed the gag order proposed by OHSU Hillsboro Medical Center on 3/23/2026 at 11:33 PM, less than 3 business hours after the document was filed.