Case: Buchanan v. Trump

1:20-cv-01542 | U.S. District Court for the District of Columbia

Filed Date: June 11, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit was brought in the U.S. District Court for the District of Columbia on June 11, 2020. The suit was in response to President Trump's June 1, 2020, decision to use chemical weapons against peaceful protesters in Lafayette Square Park, protesting the police killing of George Floyd. In order to clear the path for President Trump to walk to St. John's Church, the military and military police used tear gas, pepper balls, pepper spray, and other weapons to disperse the peaceful protesters…

This lawsuit was brought in the U.S. District Court for the District of Columbia on June 11, 2020. The suit was in response to President Trump's June 1, 2020, decision to use chemical weapons against peaceful protesters in Lafayette Square Park, protesting the police killing of George Floyd. In order to clear the path for President Trump to walk to St. John's Church, the military and military police used tear gas, pepper balls, pepper spray, and other weapons to disperse the peaceful protesters.

Plaintiffs were three protesters in Lafayette Square on June 1st, 2020. They were represented by attorneys from a private law firm. Defendants were President Trump, Attorney General Barr, Defense Secretary Mark Esper, and various other leaders of federal agencies allegedly involved in the attack.

Plaintiffs argued that the President's actions violated their First Amendment rights by retaliating against expressive conduct, violating their peaceful assembly rights, restricting their right to a traditional public forum, and also engaging in viewpoint discrimination. They alleged that their Fourth Amendment rights were violated because the attack represented an illegal seizure. They also said their Fifth Amendment rights were violated in that the attack constituted excessive force violative of Due Process. They also included a Bivens claim and sued under the Posse Comitatus Act, which limits the capabilities of the President to use the military for domestic purposes. Plaintiffs requested injunctive relief, declaratory relief, monetary damages (including punitive damages), and attorneys' fees and costs. The case was assigned to Judge Dabney L. Friedrich.

On August 19 2020, Judge Friedrich ordered the parties in this case and Black Lives Matter 5280 v. City and County of Denver to propose a consolidated briefing schedule or to explain why briefing should not be consolidated given the similar factual and legal questions in each case. The parties agreed that briefing on the motion to dismiss should proceed on the same schedule. However, the federal defendants reserved the right to seek modification to the briefing schedule because the plaintiffs indicated that they would be seeking leave to file an amended complaint.

The plaintiffs then sought leave to file an amended complaint and the Court granted leave on September 3, 2020. In the amended complaint, the plaintiffs added several defendants, including the Director of the Federal Bureau of Prisons, the Chief of Columbia Metropolitan Police Department, numerous Metropolitan Police Department officers, officials from the United States Park Police, and officers from the Arlington County Police Department. The factual allegations, causes of actions, and sought after relief remained largely the same.

Each group of defendants proceeded to file motions to dismiss the claims asserted against them. On October 1, 2020, Attorney General William Barr and Acting Chief of the Park Police Gregory Monahan moved to dismiss the claims against them in their individual capacities. The same day, the United States filed a motion to dismiss the claims asserted against the federal defendants in their official capacities. The Arlington County Defendants also filed a motion to dismiss on October 2, 2020. Later on, on December 2, 2020, the Metropolitan Police Department defendants also filed a motion to dismiss.

On June 21, 2021, the court granted in part and denied in part these motions to dismiss. All of the claims were dismissed except for a First Amendment claim against federal defendants seeking an injunction against restricted access to Lafayette Park, and First Amendment claims based on restriction of speech and retaliation against individual defendants seeking damages

The case remains ongoing.

Summary Authors

Jack Hibbard (7/20/2020)

Emily Kempa (1/2/2021)

Justin Hill (9/2/2021)

Related Cases

Black Lives Matter D.C. v. Trump, District of Columbia (2020)

Roth v. Trump; Kavanagh v. Trump, District of Columbia (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17242783/parties/buchanan-v-trump/


Judge(s)

Friedrich, Dabney Langhorne (District of Columbia)

Attorneys(s) for Plaintiff

Aiken, Matthew Guicen (District of Columbia)

Champion, Anne Marie (New York)

Crain, Lee Ross (New York)

Denerstein, Mylan Lee (New York)

Farrell, Naima L (District of Columbia)

LeSavage, Amanda (New York)

Marquart, Katherine Michelle (New York)

Mastro, Randy M (New York)

McKenzie, Anna M (District of Columbia)

Judge(s)

Friedrich, Dabney Langhorne (District of Columbia)

Attorneys(s) for Plaintiff

Aiken, Matthew Guicen (District of Columbia)

Champion, Anne Marie (New York)

Crain, Lee Ross (New York)

Denerstein, Mylan Lee (New York)

Farrell, Naima L (District of Columbia)

LeSavage, Amanda (New York)

Marquart, Katherine Michelle (New York)

Mastro, Randy M (New York)

McKenzie, Anna M (District of Columbia)

Raia, Brittany (District of Columbia)

Snyder, Orin Samuel (New York)

Williams, Greta (District of Columbia)

Attorneys(s) for Defendant

Barr, William P. (District of Columbia)

Bartolotto, James George (District of Columbia)

Blackman, Duane Gordon (District of Columbia)

Corr, MinhChau Nguyen (Virginia)

Hair, Christopher Charles (District of Columbia)

Heath, Brendan Russell (District of Columbia)

Mahard, Sean Patrick (District of Columbia)

Samuel, Ryan Carson (Virginia)

Sobiecki, Richard P. (District of Columbia)

Whitman, Sarah Elisabeth (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-01542

1:20-cv-01469

1:20-cv-01517

1:20-cv-01622

1:20-cv-02163

Docket [PACER]

Aug. 25, 2021

Aug. 25, 2021

Docket
1

1:20-cv-01542

Complaint

June 11, 2020

June 11, 2020

Complaint
29

1:20-cv-01542

First Amended Complaint

Sept. 3, 2020

Sept. 3, 2020

Pleading / Motion / Brief
72

1:20-cv-01542

1:20-cv-01469

1:20-cv-01622

1:20-cv-02163

Memorandum Opinion

Black Lives Matter D.C. v. Trump

Aug. 25, 2021

Aug. 25, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17242783/buchanan-v-trump/

Last updated June 7, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against WILLIAM P. BARR, JOHN & JANE 1-50 DOES, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER with Jury Demand ( Filing fee $ 400 receipt number ADCDC-7220930) filed by LINDSAY FIELD, ANN DAGRIN, RADIYA BUCHANAN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - U.S. Attorney General, D.C., # 3 Summons - William P. Barr - individual capacity, # 4 Summons - William P. Barr - official capacity, # 5 Summons - Mark T. Esper - individual capacity, # 6 Summons - Mark T. Esper - official capacity, # 7 Summons - Gregory T. Monahan - individual capacity, # 8 Summons - Gregory T. Monahan -official capacity, # 9 Summons - James M. Murray - individual capacity, # 10 Summons - James M. Murray - official capacity, # 11 Summons - Donald J. Trump - official capacity, # 12 Summons - William J. Walker - individual capacity, # 13 Summons - William J. Walker - official capacity)(Williams, Greta) (Entered: 06/11/2020)

1 Civil Cover Sheet

View on PACER

2 Summons - U.S. Attorney General, D.C.

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3 Summons - William P. Barr - individual capacity

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4 Summons - William P. Barr - official capacity

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5 Summons - Mark T. Esper - individual capacity

View on PACER

6 Summons - Mark T. Esper - official capacity

View on PACER

7 Summons - Gregory T. Monahan - individual capacity

View on PACER

8 Summons - Gregory T. Monahan -official capacity

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9 Summons - James M. Murray - individual capacity

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10 Summons - James M. Murray - official capacity

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11 Summons - Donald J. Trump - official capacity

View on PACER

12 Summons - William J. Walker - individual capacity

View on PACER

13 Summons - William J. Walker - official capacity

View on PACER

June 11, 2020

June 11, 2020

Clearinghouse
2

NOTICE OF RELATED CASE by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD. Case related to Case No. Black Lives Matter, D.C., et al. v. Donald J. Trump, et al., 1:20-cv-01469-DLF. (Williams, Greta) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
3

NOTICE OF RELATED CASE by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD. Case related to Case No. Padilla v. Bernhardt, et al., 1:20-cv-01517. (Williams, Greta) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER

Case assigned to Judge Dabney L. Friedrich. (zmc)

June 12, 2020

June 12, 2020

PACER

Case Assigned/Reassigned

June 12, 2020

June 12, 2020

PACER
4

SUMMONS (7) Issued Electronically as to WILLIAM P. BARR, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER, and U.S. Attorney (Attachment: # 1 Notice and Consent)(zmc) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- ANNE CHAMPION, Filing fee $ 100, receipt number ADCDC-7236885. Fee Status: Fee Paid. by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Attachments: # 1 Declaration of Anne Champion, # 2 Text of Proposed Order)(Williams, Greta) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- AMANDA LeSAVAGE, Filing fee $ 100, receipt number ADCDC-7236902. Fee Status: Fee Paid. by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Attachments: # 1 Declaration of Amanda LeSavage, # 2 Text of Proposed Order)(Williams, Greta) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- KATHERINE MARQUART, Filing fee $ 100, receipt number ADCDC-7236907. Fee Status: Fee Paid. by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Attachments: # 1 Declaration of Katherine Marquart, # 2 Text of Proposed Order)(Williams, Greta) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- LEE CRAIN, Filing fee $ 100, receipt number ADCDC-7236909. Fee Status: Fee Paid. by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Attachments: # 1 Declaration of Lee Crain, # 2 Text of Proposed Order)(Williams, Greta) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- MYLAN DENERSTEIN, Filing fee $ 100, receipt number ADCDC-7236915. Fee Status: Fee Paid. by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Attachments: # 1 Declaration of Mylan Denerstein, # 2 Text of Proposed Order)(Williams, Greta) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- ORIN SNYDER, Filing fee $ 100, receipt number ADCDC-7236919. Fee Status: Fee Paid. by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Attachments: # 1 Declaration of Orin Snyder, # 2 Text of Proposed Order)(Williams, Greta) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- RANDY M. MASTRO, Filing fee $ 100, receipt number ADCDC-7236924. Fee Status: Fee Paid. by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Attachments: # 1 Declaration of Randy M. Mastro, # 2 Text of Proposed Order)(Williams, Greta) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER

MINUTE ORDER granting 5 Motion for Leave for Attorney Anne Champion to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 18, 2020. (lcdlf1)

June 18, 2020

June 18, 2020

PACER

MINUTE ORDER granting 6 Motion for Leave for Attorney Amanda LeSavage to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 18, 2020. (lcdlf1) (lcdlf1, )

June 18, 2020

June 18, 2020

PACER

MINUTE ORDER granting 7 Motion for Leave for Attorney Katherine Marquart to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 18, 2020. (lcdlf1)

June 18, 2020

June 18, 2020

PACER

MINUTE ORDER granting 8 Motion for Leave for Attorney Lee Crain to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 18, 2020. (lcdlf1)

June 18, 2020

June 18, 2020

PACER

MINUTE ORDER granting 9 Motion for Leave for Attorney Mylan Denerstein to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 18, 2020. (lcdlf1)

June 18, 2020

June 18, 2020

PACER

MINUTE ORDER granting 10 Motion for Leave for Attorney Orin Snyder to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 18, 2020. (lcdlf1)

June 18, 2020

June 18, 2020

PACER

MINUTE ORDER granting 11 Motion for Leave for Attorney Randy M. Mastro to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 18, 2020. (lcdlf1)

June 18, 2020

June 18, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 18, 2020

June 18, 2020

PACER
12

NOTICE of Appearance by Orin Samuel Snyder on behalf of RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Snyder, Orin) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
13

NOTICE of Appearance by Randy M. Mastro on behalf of RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Mastro, Randy) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
14

NOTICE of Appearance by Katherine Michelle Marquart on behalf of RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Marquart, Katherine) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
15

NOTICE of Appearance by Mylan L. Denerstein on behalf of RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Denerstein, Mylan) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
16

NOTICE of Appearance by Anne M. Champion on behalf of RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Champion, Anne) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
17

NOTICE of Appearance by Amanda LeSavage on behalf of RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (LeSavage, Amanda) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
18

NOTICE of Appearance by Lee Ross Crain on behalf of RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Crain, Lee) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/19/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/19/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 8/18/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM P. BARR served on 6/19/2020; MARK T. ESPER served on 6/19/2020; GREGORY T. MONAHAN served on 6/19/2020; JAMES M. MURRAY served on 6/19/2020; DONALD J. TRUMP served on 6/19/2020; WILLIAM J. WALKER served on 6/19/2020 (Williams, Greta) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
20

NOTICE of Appearance by James George Bartolotto on behalf of WILLIAM P. BARR, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, WILLIAM J. WALKER (Bartolotto, James) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
21

NOTICE of Appearance by Sarah Elisabeth Whitman on behalf of WILLIAM P. BARR, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, WILLIAM J. WALKER (Whitman, Sarah) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
22

NOTICE of Appearance by Christopher Charles Hair on behalf of WILLIAM P. BARR, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER (Hair, Christopher) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
23

Joint MOTION for Briefing Schedule by WILLIAM P. BARR, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER (Hair, Christopher) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
24

Joint MOTION for Briefing Schedule (corrected to include text of proposed order) by WILLIAM P. BARR, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER (Attachments: # 1 Text of Proposed Order)(Hair, Christopher) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER

MINUTE ORDER. Upon consideration of the parties' 23 Joint Motion for Briefing Schedule, it is ORDERED that the motion is GRANTED. Accordingly, the following schedule shall govern further proceedings: all defendants shall file their motions to dismiss on or before October 1, 2020; the plaintiffs shall file their oppositions to the defendants' motions to dismiss on or before November 19, 2020; and all defendants shall reply to the plaintiffs' oppositions on or before December 17, 2020. So Ordered by Judge Dabney L. Friedrich on August 17, 2020. (lcdlf2)

Aug. 17, 2020

Aug. 17, 2020

PACER

Set/Reset Deadlines: Dispositive Motions due by 10/1/2020. Response to Dispositive Motions due by 11/19/2020. Reply to Dispositive Motions due by 12/17/2020. (zjch)

Aug. 17, 2020

Aug. 17, 2020

PACER

Order on Motion for Briefing Schedule AND Order on Motion for Briefing Schedule

Aug. 17, 2020

Aug. 17, 2020

PACER

MINUTE ORDER. Given that cases 20-cv-1469 and 20-cv-1542 appear to raise common questions of law and fact, the Court directs the parties in both cases to confer and file, on or before August 24, 2020, a proposed consolidated briefing schedule, or explain to the Court why briefing schedules should not be consolidated pursuant to Federal Rule of Civil Procedure 42(a). Signed by Judge Dabney L. Friedrich on August 19, 2020. (lcdlf2)

Aug. 19, 2020

Aug. 19, 2020

PACER

Set/Reset Deadlines: Proposed Briefing Schedule due by 8/24/2020 (zjch)

Aug. 19, 2020

Aug. 19, 2020

PACER

.Order

Aug. 19, 2020

Aug. 19, 2020

PACER

Set/Reset Deadlines

Aug. 19, 2020

Aug. 19, 2020

PACER
25

RESPONSE TO ORDER OF THE COURT re Order, (Joint Response to the Court's August 19, 2020 Order) filed by WILLIAM P. BARR, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER. (Attachments: # 1 Text of Proposed Order)(Hair, Christopher) (Entered: 08/24/2020)

1 Text of Proposed Order

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Aug. 24, 2020

Aug. 24, 2020

RECAP

MINUTE ORDER. Upon consideration of the parties' 25 Response to the Court's August 19, 2020 Order, it is ORDERED that the plaintiffs shall file any motion to amend the complaint on or before September 1, 2020. Signed by Judge Dabney L. Friedrich on August 24, 2020. (lcdlf2)

Aug. 24, 2020

Aug. 24, 2020

PACER

Set/Reset Deadlines: Motions due by 9/1/2020. (zjch)

Aug. 24, 2020

Aug. 24, 2020

PACER

.Order

Aug. 24, 2020

Aug. 24, 2020

PACER

Set/Reset Deadlines

Aug. 25, 2020

Aug. 25, 2020

PACER
26

Unopposed MOTION for Leave to File Amended Complaint by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - First Amended Complaint, # 3 Exhibit B - Redline First Amended Complaint, # 4 Text of Proposed Order)(Williams, Greta) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
27

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brittany Raia, Filing fee $ 100, receipt number ADCDC-7538000. Fee Status: Fee Paid. by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Attachments: # 1 Exhibit A- Declaration of Brittany Raia, # 2 Text of Proposed Order)(Williams, Greta) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
28

NOTICE of Appearance by Matthew Guice Aiken on behalf of RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Aiken, Matthew) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER

MINUTE ORDER granting 27 Motion for Pro Hac Vice Admission of attorney Brittney Raia. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Dabney L. Friedrich on September 2, 2020. (lcdlf2)

Sept. 2, 2020

Sept. 2, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 2, 2020

Sept. 2, 2020

PACER

MINUTE ORDER. Upon consideration of the plaintiffs' 26 Unopposed Motion for Leave to File Amended Complaint, it is ORDERED that the motion is GRANTED. The plaintiffs' [26-2] First Amended Complaint shall be accepted for filing. Signed by Judge Dabney L. Friedrich on September 3, 2020. (lcdlf2)

Sept. 3, 2020

Sept. 3, 2020

PACER
29

AMENDED COMPLAINT against All Defendants with Jury Demand filed by ANN DAGRIN, RADIYA BUCHANAN, LINDSAY FIELD.(eg) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

Clearinghouse

Order on Motion for Leave to File

Sept. 3, 2020

Sept. 3, 2020

PACER
30

REQUEST FOR SUMMONS TO ISSUE re 29 Amended Complaint filed by ANN DAGRIN, RADIYA BUCHANAN, LINDSAY FIELD. Related document: 29 Amended Complaint filed by LINDSAY FIELD, ANN DAGRIN, RADIYA BUCHANAN. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons, # 27 Summons, # 28 Summons, # 29 Summons, # 30 Summons, # 31 Summons, # 32 Summons, # 33 Summons)(Williams, Greta) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
31

SUMMONS (34) Issued Electronically as to MARK ADAMCHIK, ANTHONY ALIOTO, RYAN ALLEN, RYAN BLACK, S. BUCHANAN, JEFFERY CARROLL, MICHAEL CARVAJAL, RUSSELL FENNELLY, FNU HARGROVE, C.W MEYER, CLIFTON MURPHY, PETER NEWSHAM, THOMAS PAYNE, FNU SEBERLING, FNU TAYLOR, DANIEL THAU, WAYNE VINCENT, ANTHONY A. WILLIS. (Attachment: # 1 Notice and Consent)(eg) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
32

STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on September 9, 2020. (lcdlf2) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
33

NOTICE of Appearance by Sean Patrick Mahard on behalf of WILLIAM P. BARR, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER (Mahard, Sean) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
34

MOTION to Dismiss All Individual-Capacity Claims by WILLIAM P. BARR, GREGORY T. MONAHAN (Attachments: # 1 Text of Proposed Order)(Whitman, Sarah) (Entered: 10/01/2020)

1 Text of Proposed Order

View on PACER

Oct. 1, 2020

Oct. 1, 2020

RECAP
35

MOTION to Dismiss All Official-Capacity Claims by WILLIAM P. BARR, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Mahard, Sean) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
36

MOTION to Dismiss by RYAN ALLEN, RYAN BLACK, WAYNE VINCENT (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Exhibit, # 5 Exhibit)(Samuel, Ryan) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
37

NOTICE of Appearance by Richard P. Sobiecki on behalf of ANTHONY ALIOTO, S. BUCHANAN, JEFFERY CARROLL, FNU HARGROVE, C.W MEYER, CLIFTON MURPHY, PETER NEWSHAM, THOMAS PAYNE, FNU TAYLOR, DANIEL THAU, ANTHONY A. WILLIS (Sobiecki, Richard) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
38

Consent MOTION and Statement of Points and Authorities for Briefing Schedule by RADIYA BUCHANAN, ANN DAGRIN (Attachments: # 1 Text of Proposed Order)(Williams, Greta) (Entered: 10/09/2020)

1 Text of Proposed Order

View on PACER

Oct. 9, 2020

Oct. 9, 2020

RECAP

MINUTE ORDER granting the plaintiffs' 38 Consent Motion to Set a Briefing Schedule. Accordingly, plaintiffs shall file their opposition to the Arlington County defendants' motion to dismiss on or before November 19, 2020. The Arlington County defendants shall reply to plaintiffs' opposition on or before December 17, 2020. So ordered by Judge Dabney L. Friedrich on October 12, 2020. (lcdlf3)

Oct. 12, 2020

Oct. 12, 2020

PACER
39

Joint MOTION for Briefing Schedule by ANTHONY ALIOTO, S. BUCHANAN, JEFFERY CARROLL, FNU HARGROVE, C.W MEYER, CLIFTON MURPHY, PETER NEWSHAM, THOMAS PAYNE, FNU TAYLOR, DANIEL THAU, ANTHONY A. WILLIS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sobiecki, Richard) (Entered: 10/12/2020)

1 Memorandum in Support

View on PACER

2 Text of Proposed Order

View on PACER

Oct. 12, 2020

Oct. 12, 2020

RECAP

Set/Reset Deadlines AND Order on Motion for Miscellaneous Relief

Oct. 12, 2020

Oct. 12, 2020

PACER

MINUTE ORDER granting the parties' 39 Joint Motion for Briefing Schedule. Accordingly, the following schedule shall govern further proceedings: the district defendants shall file their motion to dismiss on or before December 1, 2020; plaintiffs shall file their opposition to the motion on or before January 22, 2021; and the district defendants shall reply to plaintiffs' opposition on or before February 22, 2021. So ordered by Judge Dabney L. Friedrich on October 13, 2020. (lcdlf3)

Oct. 13, 2020

Oct. 13, 2020

PACER

Set/Reset Deadlines AND Order on Motion for Briefing Schedule

Oct. 13, 2020

Oct. 13, 2020

PACER
40

NOTICE of Appearance by James George Bartolotto on behalf of MARK ADAMCHIK, RUSSELL FENNELLY, FNU SEBERLING (Bartolotto, James) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
41

NOTICE of Appearance by Sarah Elisabeth Whitman on behalf of MARK ADAMCHIK, RUSSELL FENNELLY, FNU SEBERLING (Whitman, Sarah) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
42

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/14/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 11/13/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/18/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 09/18/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK ADAMCHIK served on 9/16/2020; ANTHONY ALIOTO served on 9/21/2020; S. BUCHANAN served on 9/21/2020; JEFFERY CARROLL served on 9/21/2020; MICHAEL CARVAJAL served on 9/16/2020; RUSSELL FENNELLY served on 9/16/2020; FNU HARGROVE served on 9/21/2020; C.W MEYER served on 9/21/2020; CLIFTON MURPHY served on 9/21/2020; PETER NEWSHAM served on 9/21/2020; THOMAS PAYNE served on 9/21/2020; FNU SEBERLING served on 9/16/2020; FNU TAYLOR served on 9/21/2020; DANIEL THAU served on 9/21/2020; ANTHONY A. WILLIS served on 9/21/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK ADAMCHIK served on 9/16/2020; ANTHONY ALIOTO served on 9/21/2020; S. BUCHANAN served on 9/21/2020; JEFFERY CARROLL served on 9/21/2020; MICHAEL CARVAJAL served on 9/16/2020; RUSSELL FENNELLY served on 9/16/2020; FNU HARGROVE served on 9/21/2020; C.W MEYER served on 9/21/2020; CLIFTON MURPHY served on 9/21/2020; PETER NEWSHAM served on 9/21/2020; THOMAS PAYNE served on 9/21/2020; FNU SEBERLING served on 9/16/2020; FNU TAYLOR served on 9/21/2020; DANIEL THAU served on 9/21/2020; ANTHONY A. WILLIS served on 9/21/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 9/14/2020. ( Answer due for ALL D.C. DEFENDANTS by 10/12/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK ADAMCHIK served on 9/16/2020; ANTHONY ALIOTO served on 9/21/2020; S. BUCHANAN served on 9/21/2020; JEFFERY CARROLL served on 9/21/2020; MICHAEL CARVAJAL served on 9/16/2020; RUSSELL FENNELLY served on 9/16/2020; FNU HARGROVE served on 9/21/2020; C.W MEYER served on 9/21/2020; CLIFTON MURPHY served on 9/21/2020; PETER NEWSHAM served on 9/21/2020; THOMAS PAYNE served on 9/21/2020; FNU SEBERLING served on 9/16/2020; FNU TAYLOR served on 9/21/2020; DANIEL THAU served on 9/21/2020; ANTHONY A. WILLIS served on 9/21/2020 (Williams, Greta) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
43

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANTHONY ALIOTO served on 9/17/2020; CLIFTON MURPHY served on 9/16/2020; DANIEL THAU served on 9/16/2020; ANTHONY A. WILLIS served on 9/14/2020 (Williams, Greta) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
44

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RYAN ALLEN served on 9/11/2020; RYAN BLACK served on 9/11/2020; WAYNE VINCENT served on 9/14/2020 (Williams, Greta) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
45

ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RYAN ALLEN served on 9/14/2020, answer due 10/5/2020; RYAN BLACK served on 9/14/2020, answer due 10/5/2020 (Williams, Greta) Modified on 11/10/2020 (eg). (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
46

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK ADAMCHIK served on 10/24/2020, answer due 11/14/2020 (Williams, Greta) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
47

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RUSSELL FENNELLY served on 10/26/2020, answer due 11/16/2020 (Williams, Greta) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
48

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FNU SEBERLING served on 10/26/2020, answer due 11/16/2020 (Williams, Greta) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 45 Summons Returned Executed was entered in error as a duplicate to Docket Entry 44 . (eg)

Nov. 10, 2020

Nov. 10, 2020

PACER
49

Unopposed MOTION for Leave to File Excess Pages / PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE OVERLENGTH BRIEF IN OPPOSITION TO FEDERAL DEFENDANTS' MOTIONS TO DISMISS by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Attachments: # 1 Text of Proposed Order)(Williams, Greta) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER

MINUTE ORDER granting the plaintiffs' 49 Unopposed Motion for Leave to File Excess Pages. Accordingly, in responding to the two motions to dismiss, plaintiffs are granted leave to file, in lieu of two separate briefs, a single omnibus brief of no more than 90 pages. So ordered by Judge Dabney L. Friedrich on November 12, 2020. (lcdlf3)

Nov. 12, 2020

Nov. 12, 2020

PACER

Order on Motion for Leave to File Excess Pages

Nov. 12, 2020

Nov. 12, 2020

PACER
50

Memorandum in opposition to re 36 MOTION to Dismiss filed by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD. (Williams, Greta) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

PACER
51

Memorandum in opposition to re 35 MOTION to Dismiss All Official-Capacity Claims, 34 MOTION to Dismiss All Individual-Capacity Claims filed by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD. (Williams, Greta) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

PACER
52

NOTICE of Appearance by Naima Lillian Farrell on behalf of RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD (Farrell, Naima) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

PACER
53

NOTICE of Appearance by Brendan Russell Heath on behalf of ANTHONY ALIOTO, S. BUCHANAN, JEFFERY CARROLL, FNU HARGROVE, C.W MEYER, CLIFTON MURPHY, PETER NEWSHAM, THOMAS PAYNE, FNU TAYLOR, DANIEL THAU, ANTHONY A. WILLIS (Heath, Brendan) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
54

MOTION to Dismiss by ANTHONY ALIOTO, S. BUCHANAN, JEFFERY CARROLL, FNU HARGROVE, C.W MEYER, CLIFTON MURPHY, PETER NEWSHAM, THOMAS PAYNE, FNU TAYLOR, DANIEL THAU, ANTHONY A. WILLIS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Blackman, Duane) (Entered: 12/01/2020)

1 Memorandum in Support

View on PACER

2 Text of Proposed Order

View on PACER

Dec. 1, 2020

Dec. 1, 2020

RECAP
55

Joint MOTION for Briefing Schedule by MARK ADAMCHIK, RUSSELL FENNELLY, FNU SEBERLING (Attachments: # 1 Text of Proposed Order)(Whitman, Sarah) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER

MINUTE ORDER. Upon consideration of the 55 Joint Motion to Set Briefing Schedule, it is ORDERED that the motion is GRANTED. Accordingly, on or before January 11, 2021, defendants Adamchik, Fennelly, and Seiberling shall file their single, consolidated Motion to Dismiss; on or before February 8, 2021, the plaintiffs shall file their opposition; and on or before March 8, 2021, defendants Adamchik, Fennelly, and Seiberling shall file their reply. So ordered by Judge Dabney L. Friedrich on December 3, 2020. (lcdlf3)

Dec. 3, 2020

Dec. 3, 2020

PACER

Set/Reset Deadlines AND Order on Motion for Briefing Schedule

Dec. 3, 2020

Dec. 3, 2020

PACER
56

REPLY to opposition to motion re 34 MOTION to Dismiss All Individual-Capacity Claims filed by WILLIAM P. BARR, GREGORY T. MONAHAN. (Whitman, Sarah) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
57

REPLY to opposition to motion re 36 MOTION to Dismiss filed by RYAN ALLEN, RYAN BLACK, WAYNE VINCENT. (Samuel, Ryan) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
58

REPLY to opposition to motion re 35 MOTION to Dismiss All Official-Capacity Claims filed by WILLIAM P. BARR, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER. (Mahard, Sean) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
59

MOTION to Dismiss All Individual-Capacity Claims by MARK ADAMCHIK, RUSSELL FENNELLY, FNU SEBERLING (Attachments: # 1 Text of Proposed Order)(Whitman, Sarah) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
60

NOTICE of Appearance by MinhChau Nguyen Corr on behalf of RYAN ALLEN, RYAN BLACK, WAYNE VINCENT (Corr, MinhChau) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
61

Memorandum in opposition to re 54 MOTION to Dismiss filed by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD. (Williams, Greta) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
62

Memorandum in opposition to re 59 MOTION to Dismiss All Individual-Capacity Claims filed by RADIYA BUCHANAN, ANN DAGRIN, LINDSAY FIELD. (Williams, Greta) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
63

REPLY to opposition to motion re 54 MOTION to Dismiss filed by ANTHONY ALIOTO, S. BUCHANAN, JEFFERY CARROLL, FNU HARGROVE, C.W MEYER, CLIFTON MURPHY, PETER NEWSHAM, THOMAS PAYNE, FNU TAYLOR, DANIEL THAU, ANTHONY A. WILLIS. (Blackman, Duane) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
64

REPLY to opposition to motion re 59 MOTION to Dismiss All Individual-Capacity Claims filed by MARK ADAMCHIK, RUSSELL FENNELLY, FNU SEBERLING. (Whitman, Sarah) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
65

Unopposed MOTION for Leave to File Supplemental Memorandum In Further Support of Motion to Dismiss by WILLIAM P. BARR, MICHAEL CARVAJAL, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER. (Attachments: # 1 Supplemental Memorandum)(Hair, Christopher) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER

NOTICE of Hearing: Motion Hearing set for 5/28/2021 at 10:15 AM via Video before Judge Dabney L. Friedrich. (zjch)

May 20, 2021

May 20, 2021

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: June 11, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three protesters who were at Lafayette Square Park at the time of the attack

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President Donald Trump, Federal

Attorney General William Barr, Federal

Secretary Mark Esper, Federal

Commanding General William J. Walker (District of Columbia), Federal

Acting Chief Gregory Monahan, Federal

Director James Murray, Federal

Director Michael Carvajal (District of Columbia), Federal

Chief of Metropolitan Police Department of District of Columbia (District of Columbia), State

Officer of Arlington County Police Department, County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Excessive force

Failure to train

Pepper/OC spray

Type of Facility:

Government-run