Case: Don't Shoot Portland v. City of Portland

3:20-cv-00917 | U.S. District Court for the District of Oregon

Filed Date: June 5, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: On June 5, 2020, a non-profit corporation advocating for social and racial justice and individual citizens filed this class action suit for violations of their First and Fourth Amendment rights. The plaintiffs sought injunctive relief enjoining Portland police from using tear gas. On June 9, the court granted the TRO and enjoined the defendants from using tear gas, and the TRO was expanded to include non-lethal weapons on June 26. On June 30, the plaintiffs moved for a finding…

COVID-19 Summary: On June 5, 2020, a non-profit corporation advocating for social and racial justice and individual citizens filed this class action suit for violations of their First and Fourth Amendment rights. The plaintiffs sought injunctive relief enjoining Portland police from using tear gas. On June 9, the court granted the TRO and enjoined the defendants from using tear gas, and the TRO was expanded to include non-lethal weapons on June 26. On June 30, the plaintiffs moved for a finding of contempt and for sanctions against the defendant for non-compliance, which was later amended. On November 27, the court granted this motion in part. The parties submitted a joint proposal of remedies for the contempt finding on December 18. On March 16, 2021, the court ordered sanctions that included training for Portland Police Bureau officers and circulating the TRO.


On June 5, 2020, Don't Shoot Portland, a non-profit corporation that advocates for social and racial justice in Portland, and individual Portland residents filed this class action suit in the United States District Court for the District of Oregon. The plaintiffs, represented by the Oregon Justice Resource Center and private counsel, sued the City of Portland under 42 U.S.C. § 1983, alleging that the City violated plaintiffs' rights under the First and Fourth Amendments. Specifically, plaintiffs asserted that defendant's indiscriminate use of tear gas against crowds of non-violent protestors participating in protected speech was unconstitutional. The plaintiffs further contended that the use of tear gas was particularly dangerous during the global COVID-19 pandemic. The plaintiffs, who simultaneously filed a motion for temporary restraining order (TRO), sought injunctive relief enjoining the City of Portland from using tear gas as a crowd control measure. They also sought attorney's fees. The case was assigned to Judge Marco A. Hernandez.

The plaintiffs asserted that beginning on May 29, 2020, and continuing every night for more than a week, Portland residents "demonstrated in the streets demanding justice for George Floyd and demanding an end to police violence." The plaintiffs alleged that defendant, in response to these protests, acted unlawfully by "tacitly and explicitly authoriz[ing] the use of indiscriminate crowd control munitions on crowds of protesters by justifying uses of similar tactics, including tear gas shot indiscriminately into crowds of protesters" that had committed no criminal acts and posed no threat of violence. The plaintiffs also asserted that they "were engaged in constitutionally protected acts of free speech" and that defendant's "continued use of tear gas on protesters . . . would chill a reasonable person from continuing to engage in protected First Amendment Activity."

The plaintiffs also stated that the "use of tear gas is particularly dangerous at the present time because it is specifically designed to irritate the respiratory system and to cause people to expel mucus and aspirated saliva," which is the principal way in which COVID-19 spreads. The complaint included a statement from a local university president expressing concern that "the use of tear gas could significantly exacerbate the spread [of COVID-19]."

The plaintiffs defined the proposed class as "all individuals who currently or who will in the future engage in protest activities that follow the death of George Floyd opposing police violence and white supremacy."

On June 6, the defendants responded to the motion, arguing that during the thirty-five days of protests, there had also been violent riots, and such measures are necessary to ensure that "peaceful protestors have a full and free opportunity to exercise their constitutional rights, while preventing rioters from injuring people and doing significant damage to property." They argued that the plaintiffs did not meet their burden of demonstrating a likelihood of success on the merits, irreparable harm, that the balance of hardships weighs in their favor, or that an injunction would be in the public interest.

On June 9, the plaintiff's motion for a temporary restraining order was granted in part, and restricted the defendants from using tear gas or its equivalent for 14 days, limiting their usage to situations in which the lives or safety of the public or the police are at risk. 465 F.Supp.3d 1150.

On June 18, the plaintiffs filed an amended complaint, claiming that the defendants had changed their methods since the TRO, using a variety of "less-lethal” weapons indiscriminately against plaintiffs instead.

The plaintiffs filed a second amended complaint on June 24 adding an additional plaintiff. They further sought declaratory relief stating that the Portland Police Bureau’s Crowd Control Directive violated the Fourth Amendment.

On June 26, the parties stipulated to an additional TRO which additionally restricted the use of less lethal launchers, rubber ball distraction devices, aerosol restraints, and long-range acoustical devices. The district court approved the order the same day, and the order is in effect until July 24.

On June 30, the plaintiffs filed a motion for a finding of contempt and for sanctions against the defendant. They claimed that Portland Police Bureau members used "less-lethal weapons” in violation of the June 26 order on June 27-28. Therefore, they sought the following:

  1. A complete ban on the use of certain “less lethal weapons” in any crowd control situation.
  2. A requirement that any use of “less lethal weapons” must be specifically authorized by a politically accountable leader, such as Mayor Ted Wheeler, the commissioner of the Portland Police Bureau.
  3. Prohibiting the individual members who violated the Court’s order from participating in any future crowd control operations.
  4. Compensatory fines of sufficient size to compensate the individual class members for their injuries and deter future violations.

The same day, they moved for a preliminary injunction prohibiting the defendants from using "less lethal" weapons against protesters who were only engaged in passive resistance. They requested that if such weapons must be used, the defendants must ensure that no one engaging in passive resistance was impacted.

A week later, defendants submitted their responses in opposition to plaintiffs' request for a TRO. The City of Portland and Multnomah County submitted separate but substantively similar responses to the plaintiffs' request for a TRO. They argued that the plaintiffs should be denied the TRO because they could not demonstrate a likelihood of success on the merits, they would not be irreparably harmed without the TRO, and the balance of equities did not weigh in plaintiffs' favor. They also argued that, were the judge to grant the TRO, the version proposed by plaintiffs was too restrictive.

By mid-July, the plaintiffs submitted a supplemental memorandum supporting their motion to hold the defendants in contempt. They argued that the PPB's use of "less-lethal" weapons and tear gas on several occasions in late June represented violations of the court's Less Lethal Weapons Order and the Tear Gas Order. The defendants did not deny that the PPB used these tactics, but that their use of tear gas and less-lethal weapons fell within the limitations of those orders (to protect public safety). The plaintiffs filed an amended motion for finding of contempt and for sanctions on August 12. The amended motion focused on alleged violations late in the night on June 30, 2020. The plaintiffs claimed that the PPB fired pepper balls, impact munitions, smoke grenades, and pepper spray into the crowds against people who were attempting to follow orders or engaged only in passive resistance.

The defendants responded on September 4, arguing that the plaintiffs did not provide clear and convincing evidence that the defendants violated the orders, and that it would be difficult to identify the officers who engaged in the specific alleged misconduct with the limited information they provided.

On September 9, defendant City of Portland submitted a motion to dismiss the case for failure to state a claim. They argued that the plaintiffs' claims were conclusory and failed to plausibly support a claim for relief. The defendants also argued that the plaintiffs lack standing to assert Fourth and First Amendment violations as it is an organization suing on its own behalf.

In response to the motion to dismiss, the plaintiffs sought leave from the court to file an amended complaint that added factual allegations related to Don't Shoot Portland's mission and activities, the First Amendment claims, and the claims against the city as well as to broaden the dates of incidents to include those since the filing of the Second Amended Complaint. Defendant City of Portland did not object to the amendment. The court granted leave and denied the City of Portland's motion to dismiss as moot. On October 7, the plaintiffs filed the third amended complaint.

After holding oral argument on the motion for a finding of contempt in late October, the Court granted the motion in part on November 27, 2020. --- F.Supp.3d ----2020 WL 7049089. The court identified nine incidents that the plaintiffs argued violated the June 26 TRO through the PPB's use of less-lethal weapons. It found that in only three of the nine incidents did the plaintiffs show by clear and convincing evidence that the defendant City of Portland violated the TRO. In two of these incidents, officers fired numerous rounds from a less-lethal launcher at individuals carrying a banner. The court found that nothing suggested that the banner was a weapon or would be used by the protestors as a weapon and that the protesters were complying with PPB's directions at the time the officer fired his less-lethal weapon. In the third incident, the court similarly found that an officer's use of impact munitions against an individual approaching an item in the road was not in response to active aggression. Accordingly, in these cases, the officers should not have used less-lethal weapons and violated the TRO. However, in the other five incidents, the court found that the defendants complied with the TRO because the individuals against whom force was used had kicked smoke canisters towards police officers, attempted to throw items at the police, and attempted to start a fire.

The court then set out to determine remedies for the violations of the June 26 TRO. On December 4, the court held a hearing to determine how to proceed with the remedies for the contempt motion. The parties exchanged proposals and filed a joint remedy proposal on December 18. Oral argument on the remedies portion of the contempt motion was held on January 13, 2021.

On March 16, 2021, the court ordered coercive sanctions that included training for PPB Rapid Response Team grenadiers and supervisors, removal of a PPB officer from crowd control events pending an internal investigation, circulation of the TRO to all PPB officers, and training for all PPB officers by the end of the year. The court declined to order additional sanctions proposed by the plaintiffs because they lacked a way for the City of Portland to purge itself of the contempt and avoid the sanction (making it more punitive than coercive). The sanctions would remain in effect until the City of Portland demonstrates compliance with the TRO to the court.

With the agreement of both parties, the court converted the TRO on using tear gas, which was entered on June 9, 2020, into a preliminary injunction that would remain in effect until a final decision on the merits was issued.

As of April 1, the case is still ongoing.

Summary Authors

Aaron Gurley (6/8/2020)

Jack Hibbard (8/6/2020)

Averyn Lee (9/24/2020)

Emily Kempa (1/4/2021)

Lauren Yu (4/1/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17228658/parties/dont-shoot-portland-v-city-of-portland/


Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorneys(s) for Plaintiff

Albies, Jessica Ashlee (Oregon)

Bruggemeier, Franz H. (Oregon)

Chavez, Juan C. (Oregon)

Meggitt, Alexander (Oregon)

Merrithew, Jesse A (Oregon)

Plesser, Brittney (Oregon)

Rinta, Maya (Oregon)

Safarian, Viktoria (Oregon)

Stark, Whitney B (Oregon)

Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorneys(s) for Plaintiff

Albies, Jessica Ashlee (Oregon)

Bruggemeier, Franz H. (Oregon)

Chavez, Juan C. (Oregon)

Meggitt, Alexander (Oregon)

Merrithew, Jesse A (Oregon)

Plesser, Brittney (Oregon)

Rinta, Maya (Oregon)

Safarian, Viktoria (Oregon)

Stark, Whitney B (Oregon)

Attorneys(s) for Defendant

Byrne, Lindsay A. (Oregon)

Jones, B Andrew (Oregon)

Moede, J. Scott (Oregon)

Sheffield, Naomi (Oregon)

Yamachika, Robert (Oregon)

Documents in the Clearinghouse

Document

3:20-cv-00917

Docket [PACER]

March 30, 2021

March 30, 2021

Docket
1

3:20-cv-00917

Complaint

June 5, 2020

June 5, 2020

Complaint
29

3:20-cv-00917

Order

June 9, 2020

June 9, 2020

Order/Opinion
35

3:20-cv-00917

First Amended Complaint

June 18, 2020

June 18, 2020

Complaint
38

3:20-cv-00917

Second Amended Complaint

June 24, 2020

June 24, 2020

Complaint
43

3:20-cv-00917

Stipulated Additional Temporary Restraining Order

June 26, 2020

June 26, 2020

Order/Opinion
55, 55-1

3:20-cv-00917

Plaintiffs' Motion for Finding of Contempt and for Sanctions Against Defendant City of Portland

June 30, 2020

June 30, 2020

Pleading / Motion / Brief
67 & 105

3:20-cv-00917

Defendant City of Portland's Response to Plaintiffs' Motion for Preliminary Injunction and Declaration of Craig Dobson

July 6, 2020

July 6, 2020

Pleading / Motion / Brief
158

3:20-cv-00917

Defendant City of Portland's Response to Plaintiffs' Amended Motion for Findings of Contempt and for Sanctions

Sept. 4, 2020

Sept. 4, 2020

Pleading / Motion / Brief
174

3:20-cv-00917

Defendant City of Portland's Motion to Dismiss Don't Shoot Portland From the Second Amended Complaint

Sept. 9, 2020

Sept. 9, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17228658/dont-shoot-portland-v-city-of-portland/

Last updated Aug. 27, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6799694 Jury Trial Requested: Yes. Filed by Don't Shoot Portland, Belden Michelle, Nicholas J. Roberts against City of Portland (Attachments: # 1 Civil Cover Sheet). (Albies, Jessica) (Entered: 06/05/2020)

1 Civil Cover Sheet

View on RECAP

June 5, 2020

June 5, 2020

Clearinghouse
2

Motion for Temporary Restraining Order . Expedited Hearing requested. Filed by All Plaintiffs. (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
3

Declaration of Michelle Belden ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
4

Declaration of Brittany Bezdek ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
5

Declaration of Adrian Salvatore Butera-Smith ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
6

Declaration of Andy Green ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
7

Declaration of Hari Khalsa ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
8

Declaration of Mara Kruszewski ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
9

Declaration of Nicholas J. Roberts ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
10

Declaration of Daniel Rushton ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
11

Declaration of Allyxandra Theus ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
12

Declaration of Kevin Wilbanks ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
13

Declaration of Bradie Nicole Winders ISO Motion for TRO. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
14

Scheduling Order by Judge Marco A. Hernandez. A Telephone Conference is set for 6/8/2020 at 10:00AM regarding Plaintiff's Motion for Temporary Restraining Order 2 before Judge Marco A. Hernandez. The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (E-Mailed to DDA Scott Moede and Naomi Sheffield on 6/7/2020.) (jp) (Entered: 06/07/2020)

June 7, 2020

June 7, 2020

PACER

1 - Scheduling

June 7, 2020

June 7, 2020

PACER
15

Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 10/6/2020. Joint Alternate Dispute Resolution Report is due by 11/5/2020. Pretrial Order is due by 11/5/2020. Ordered by Judge Marco A. Hernandez. (jn) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
16

MINUTES of Proceedings: Telephonic Scheduling Conference held regarding Motion for Temporary Restraining Order 2 . ORDER: These proceedings shall not be recorded. The Court discussed the issues of interest and directed Defendant to file a Response no later than 9:00AM TOMORROW, 6/9/2020. A hyperlink to any video footage the parties would like the Court to review should be included in their filings. Oral Argument is set for TOMORROW, 6/9/2020 at 03:00PM in Portland by videoconference before Judge Marco A. Hernandez. The Court will circulate the videoconference information to the involved parties. Interested individuals and/or press shall contact Jennifer Paget, Courtroom Deputy (jennifer_paget@ord.uscourts.gov) for information to access the hearing by telephone (listening only). Jesse Merrithew speaking on behalf of all Plaintiffs. Also present as counsel for Plaintiffs: Alexander Meggitt, Brittney Plesser, Franz H. Bruggemeier, Jessica Ashlee Albies, Juan C. Chavez, Maya Rinta, Viktoria Safarian, and Whitney B. Stark. Naomi Sheffield and Scott Moede present as counsel for Defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER

Scheduling Conference

June 8, 2020

June 8, 2020

PACER
17

Response to Motion for Temporary Restraining Order 2 . Filed by City of Portland. (Sheffield, Naomi) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
18

Declaration of Franz Schoening in Support of Response to Motion for TRO. Filed by City of Portland. (Related document(s): Response to Motion 17 .) (Moede, J.) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
19

Declaration of Craig Dobson in Support of Response to Motion for TRO. Filed by City of Portland. (Related document(s): Response to Motion 17 .) (Moede, J.) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
20

Declaration of Naomi Sheffield in Support of Response to Motion for TRO. Filed by City of Portland. (Related document(s): Response to Motion 17 .) (Attachments: # 1 Exhibit 1) (Sheffield, Naomi) (Entered: 06/09/2020)

1 Exhibit 1

View on RECAP

June 9, 2020

June 9, 2020

RECAP
21

Declaration of Michael Reese in Support of Response to Motion for TRO. Filed by City of Portland. (Related document(s): Response to Motion 17 .) (Sheffield, Naomi) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
22

Declaration of Dr. Sven-Eric Jordt . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Attachments: # 1 Attachment) (Stark, Whitney) (Entered: 06/09/2020)

1 Attachment

View on RECAP

June 9, 2020

June 9, 2020

RECAP
23

Declaration of Dr. Mark Baskerville . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Stark, Whitney) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
24

Expert Declaration of Peter Chin-Hong . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
25

Declaration of Gabriel Trumbly . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
26

Declaration of James Comstock with links to video. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
27

Expert Declaration of Erika Moseson . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Albies, Jessica) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
28

MINUTES of Proceedings: Oral Argument held regarding Plaintiff's Motion for Temporary Restraining Order 2 . The Court took the matter under advisement as of 6/9/2020. Jesse Merrithew speaking on behalf of all Plaintiffs. Naomi Sheffield speaking on behalf of all Defendants. Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
29

ORDER: Plaintiff's Motion for a Temporary Restraining Order 2 is GRANTED IN PART. Signed on 6/9/2020 by Judge Marco A. Hernandez. (jp) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

Clearinghouse

Motion Hearing Held

June 10, 2020

June 10, 2020

PACER
30

Scheduling Order by Judge Marco A. Hernandez. A Telephone Conference is set for 6/12/2020 at 03:00PM in Portland by telephone before Judge Marco A. Hernandez. The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
31

Motion for Extension of Time of Temporary Restraining Order and Setting of Preliminary Injunction Hearing. Filed by City of Portland. (Sheffield, Naomi) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

RECAP
32

MINUTES of Proceedings: Telephone Status Conference held. The Court clarified its orders in the TRO as stated on the record. Defendant shall file a motion to extend the TRO as discussed. Juan C. Chavez speaking on behalf of all Plaintiffs. Naomi Sheffield speaking on behalf of all Defendants. Court Reporter: Jill Jessup. Judge Marco A. Hernandez presiding. (jp) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER

1 - Scheduling

June 12, 2020

June 12, 2020

PACER
33

Response to Motion for Extension of Time of Temporary Restraining Order and Setting of Preliminary Injunction Hearing 31 . Filed by All Plaintiffs. (Merrithew, Jesse) (Entered: 06/13/2020)

June 13, 2020

June 13, 2020

PACER

Status Conference

June 13, 2020

June 13, 2020

PACER
34

ORDER: Granting Motion for Extension of Time of Temporary Restraining Order and Setting of Preliminary Injunction Hearing 31 . The TRO is extended until 7/24/2020. The Motion for Preliminary Injunction is to be filed by 6/29/2020. Defendant's Response is due by 7/6/2020. A 2-day Preliminary Injunction Hearing is set to begin 7/16/2020 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER

Order on Motion for Extension of Time

June 16, 2020

June 16, 2020

PACER
35

First Amended Complaint . Filed by Don't Shoot Portland, Michelle Belden, Nicholas J. Roberts against City of Portland. (Albies, Jessica) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

Clearinghouse
36

Proposed Summons Filed by All Plaintiffs. (Albies, Jessica) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
37

Summons Issued Electronically as to City of Portland. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jn) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
38

Second Amended Complaint . Filed by Don't Shoot Portland, Michelle Belden, Nicholas J. Roberts against City of Portland, Multnomah County. (Safarian, Viktoria) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

Clearinghouse
39

Proposed Summons for Multnomah County Filed by All Plaintiffs. (Safarian, Viktoria) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

RECAP
40

Summons Issued Electronically as to Multnomah County. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jn) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

RECAP
41

Stipulated Motion for Protective Order . Filed by City of Portland. (Moede, J.) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

RECAP
42

Stipulation Stipulated Additional Temporary Restraining Order by City of Portland. Filed by City of Portland. (Moede, J.) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP
43

Stipulated Additional Temporary Restraining Order. Signed on 6/26/2020 by Judge Marco A. Hernandez. (jp) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

Clearinghouse
44

Affidavit of Service of Summons Issued 40 upon Multnomah County served on 6/29/2020 Filed by All Plaintiffs. (Merrithew, Jesse) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
45

Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Chavez, Juan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

RECAP
46

Declaration of Dr. Randolph . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 45 .) (Chavez, Juan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

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47

Declaration of Yarn . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 45 .) (Chavez, Juan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
48

Declaration of Johnson . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 45 .) (Chavez, Juan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
49

Declaration of Kaplan . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 45 .) (Chavez, Juan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

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50

Declaration of Garlick . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 45 .) (Chavez, Juan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
51

Declaration of Norcross . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 45 .) (Chavez, Juan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
52

Declaration of Horaites . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 45 .) (Chavez, Juan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
53

Declaration of Reinhardt . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 45 .) (Chavez, Juan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
54

Declaration of Trumbly . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 45 .) (Chavez, Juan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
55

Motion for Findings of Contempt and for Sanctions Against Defendant City of Portland. Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Appendix PPB 1010 Directives) (Merrithew, Jesse) (Entered: 06/30/2020)

1 Appendix PPB 1010 Directives

View on RECAP

June 30, 2020

June 30, 2020

RECAP
56

Declaration of Aubrey Danner . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous 55 .) (Merrithew, Jesse) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

RECAP
57

Declaration of Gabriel Trumbly . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous 55 .) (Merrithew, Jesse) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

RECAP
58

Declaration of Gillian Herrera . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous 55 .) (Merrithew, Jesse) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

RECAP
59

Declaration of Hilary Jepsen . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous 55 .) (Merrithew, Jesse) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

RECAP
60

Declaration of Maggie Sisco . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous 55 .) (Merrithew, Jesse) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

RECAP
61

Declaration of Mason Lake . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous 55 .) (Merrithew, Jesse) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
62

Declaration of Princess Blair Unicorn . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous 55 .) (Merrithew, Jesse) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
63

Declaration of Thaddeus O'Connell . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous 55 .) (Merrithew, Jesse) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
64

Stipulated Motion for Protective Order Between Plaintiffs and Defendant City of Portland. Filed by City of Portland. (Moede, J.) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

RECAP
65

STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFFS AND DEFENDANT CITY OF PORTLAND. Signed on 7/6/2020 by Judge Marco A. Hernandez. (jp) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
66

Notice of Appearance of B. Andrew Jones appearing on behalf of Multnomah County Filed by on behalf of Multnomah County. (Jones, B.) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
67

Response to Motion for Preliminary Injunction 45 . Filed by City of Portland. (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

Clearinghouse
68

Declaration of Jason Andersen . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
69

Declaration of Nicholas Bianchini . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
70

Declaration of Susan Billard . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
71

Declaration of Justin Damerville . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
72

Declaration of Chris Davis . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
73

Declaration of Craig Dobson . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
74

Declaration of Zachary Domka . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
75

Declaration of Mark Duarte . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
76

Declaration of Charles Elam . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
77

Declaration of Brandon Haase . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
78

Declaration of Erica Hurley . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
79

Declaration of Erik Kammerer . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
80

Declaration of Andrew Kofoed . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
81

Declaration of Michael Krantz . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
82

Declaration of Randy Kuykendoll, Jr. . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
83

Corrected Declaration of Nicholas Bianchini . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
84

Declaration of Craig Lehman . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
85

Declaration of Heather Martley . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
86

Declaration of John Oliphant . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
87

Declaration of Scott Partridge . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
88

Declaration of Anthony Passadore . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
89

Declaration of Michael Pool . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
90

Response to Motion for Preliminary Injunction 45 . Filed by Multnomah County. (Jones, B.) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
91

Declaration of Taylor Rethmeier . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) Modified on 7/7/2020 to correct linked motion (jn). (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
92

Declaration of Michael Reese in Support of Defendant Multnomah County's Response to Motion for Preliminary Injunction. Filed by Multnomah County. (Related document(s): Response to Motion 90 .) (Jones, B.) Modified on 7/7/2020 to correct linked motion (jn). (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
93

Declaration of Franz Schoening . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) Modified on 7/7/2020 to correct linked motion (jn). (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
94

Declaration of Damon Simmons . Filed by City of Portland. (Related document(s): Response to Motion 67 .) (Sheffield, Naomi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Policing

Special Collection(s):

COVID-19 (novel coronavirus)

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: June 5, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An organization advocating for social and racial justice and individual Portland residents. Proposed class: "all individuals who currently or who will in the future engage in protest activities that follow the death of George Floyd opposing police violence and white supremacy."

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Portland (Multnomah), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Excessive force

Pattern or Practice

Restraints : chemical