Case: Buchanan v. Trump

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

Filed Date: June 11, 2020

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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…

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 D.C. v. Trump 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. 544 F. Supp. 3d 15.

The court granted a stay on July 14, 2021, to allow the parties to engage in settlement talks. On April 13, 2022, a partial settlement in the case was reached when the Biden Administration agreed to make changes to U.S. Park Police and Secret Service policies related to policing demonstrations. The settlement required the Park Police to, among other things, show a “clear and present danger to the public safety” before revoking demonstration permits and to enable safe withdrawal of demonstrators if a protest is being dispersed.

The court entered partial final judgment pursuant to the settlement on May 16, 2022, but the settlement did not resolve claims for damages, which the court agreed to stay pending an interlocutory appeal based on the court’s June 21, 2021, decision to dismiss the Bivens claims against Attorney General Barr and other individual federal defendants. Judge Friedrich certified the issue to the D.C. Circuit Court, which accepted jurisdiction. Plaintiffs argued that the Westfall Act of 1988 explicitly preserved Bivens claims when constitutional violations were present. Additionally, they argued that Congress intended to maintain Bivens as it existed at the time. They asserted that the defendants' narrow interpretation of the Westfall Act went against legal principles and did not reflect congressional intent.

On March 23, 2023, defendants-appellees filed a reply brief arguing that the D.C. Court should uphold the district court's dismissal of the Bivens claims and reject plaintiffs' appeal. They emphasized the importance of presidential security and argued that these security concerns were "special factors" that precluded a Bivens remedy. On June 23, 2023, the D.C. Circuit Court issued its ruling and affirmed the district court's decision. The court stated that, in this specific case, the plaintiffs could not sue the federal officers for damages.

On March 28, 2024, the Court consolidated this case with Black Lives Matter D.C., et al. v. Trump.

On April 12, 2024, plaintiffs filed a fourth amended class action complaint. This complaint removed Bivens claims against individual federal defendants, claims under 42 U.S.C. §§ 1985(3) and 1986, and First and Fourth Amendment claims against both federal and D.C. defendants for injunctive relief. Defendants such as Donald J. Trump, William P. Barr, and others were no longer part of the lawsuit. Additionally, the complaint added new defendants including the U.S. Park Police and D.C. Metropolitan Police Department. The complaint also provided additional detail on actions taken by individual defendants, plaintiffs' injuries, and the events leading up to the incident. Furthermore, the complaint introduced legal arguments regarding viewpoint discrimination.

	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
182-1 1:20-cv-01469	Settlement Agreement Between Plaintiffs and the United States of America Black Lives Matter, D.C. v. Trump	April 13, 2022	April 13, 2022 Settlement Agreement
89 1:20-cv-01542	Plaintiffs’ Unopposed Motion for Entry of Rule 54(B) Final Judgment, or, in the Alternative, to Certify Order and Judgment for Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(B) and to Stay Case Pending Appeal	April 20, 2022	April 20, 2022 Pleading / Motion / Brief
1208528581 22-05133	UCSA Opinion U.S. Court of Appeals for the District of Columbia Circuit	June 23, 2023	June 23, 2023 Order/Opinion
114 1:20-cv-01542	Fourth Amended Class Action Complaint	April 12, 2024	April 12, 2024 Complaint

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. View on PACER 3 Summons - William P. Barr - individual capacity View on PACER 4 Summons - William P. Barr - official capacity View on PACER 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 View on PACER 9 Summons - James M. Murray - individual capacity View on PACER 10 Summons - James M. Murray - official capacity View on PACER 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/Reassigned	June 12, 2020	June 12, 2020 PACER
	Case assigned to Judge Dabney L. Friedrich. (zmc)	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
	Order on Motion for Leave to Appear Pro Hac Vice	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
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
	Order on Motion for Briefing Schedule	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
	Set/Reset Deadlines	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

Case: Buchanan v. Trump

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

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