Case: Index Newspapers LLC v. City of Portland

3:20-cv-01035 | U.S. District Court for the District of Oregon

Filed Date: June 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involved allegations that the Portland police assaulted news reporters, photographers, legal observers, and other neutrals who were documenting the police’s violent response to protests over the murder of George Floyd. On June 28, 2020, the plaintiffs, who are members of the media and legal observers, filed this lawsuit in the United States District Court for the District of Oregon on behalf of themselves and as a class of similarly situated people. The plaintiffs sued the City of Por…

This case involved allegations that the Portland police assaulted news reporters, photographers, legal observers, and other neutrals who were documenting the police’s violent response to protests over the murder of George Floyd.

On June 28, 2020, the plaintiffs, who are members of the media and legal observers, filed this lawsuit in the United States District Court for the District of Oregon on behalf of themselves and as a class of similarly situated people. The plaintiffs sued the City of Portland, thirty individuals and supervisory officers of the Portland Police Bureau, and thirty individual and supervisory officers from other agencies, such as the Clackamas County Sheriff’s Office, Port of Portland Police, and the Oregon National Guard. The plaintiffs alleged the defendants violated the First Amendment, the Fourth Amendment, and provisions of the Oregon Constitution that protect free speech and free assembly. The causes of action arose under 28 U.S.C. §§ 2201-2202 and 42 U.S.C. § 1983. Represented by the ACLU Foundation of Oregon, the plaintiffs sought declaratory relief, injunctive relief, compensatory damages, punitive damages, an award of pre-judgment interest, an award of attorneys’ fees and costs, and any other relief the Court deemed proper. 

The plaintiff’s allegation arose from their journalistic coverage of the protests that had resulted from the police killing of George Floyd on May 25, 2020. The plaintiffs alleged that although the protests had been overwhelmingly peaceful, the defendants had used increasingly severe tactics to deter speech. The plaintiffs alleged that the defendants had used rubber bullets and beaten protesters. The plaintiffs alleged that the defendants had intentionally and indiscriminately attacked them, as part of a longstanding pattern of assaulting and threatening members of the press to prevent the press from telling the public about the police’s conduct. 

On June 30, 2020, the case was reassigned from District Judge Anna J. Brown to District Judge Michael H. Simon.

The plaintiffs filed a motion for a temporary restraining order against the defendants also on June 30, 2020. On July 2, 2020, Judge Simon granted the temporary restraining order, enjoining the defendants from arresting, threatening to arrest, or using physical force against any person they knew or reasonably should have known was a journalist or legal observer. without probable cause. 2020 WL 3621179. The order also enjoined the defendants from unlawfully seizing any photographic equipment, audio- or video-recording equipment, or press passes, and from ordering individuals to stop photographing, recording, or observing a protest. Judge Simon gave indicia to assist the police in identifying a journalist or legal observer. The order lasted two weeks.

On July 10, 2020, the plaintiffs filed a first amended complaint, adding plaintiffs, including Index Newspapers LLC, a Washington limited-liability company, to the suit and supplementing their claim with additional instances of assault by the police until June 19, 2020.

The plaintiffs filed a second amended complaint on July 17, 2020, supplementing their claim with additional instances of assault by the police until July 2, 2020. The plaintiffs also added the U.S. Department of Homeland Security and the U.S. Marshals Service as defendants. The plaintiffs also filed a motion for a temporary restraining order against the recently added federal defendants on July 17, 2020. 

On July 23, 2020, Judge Simon granted the temporary restraining order against the U.S. Department of Homeland Security and U.S. Marshals Service, which had the same provisions as the temporary restraining order granted against the police. 474 F.Supp.3d 1113

On July 28, 2023, the plaintiffs filed a motion against the defendants for contempt of court and sanctions, alleging that the defendants violated the temporary restraining order. 

The plaintiffs then filed a motion for a preliminary injunction against the federal defendants on August 10, 2020. 

On August 20, 2020, Judge Simon granted the plaintiffs’ motion for preliminary injunction. 480 F.Supp.3d 1120. Judge Simon found that the plaintiffs had standing and that the U.S. Department of Homeland Security’s and the U.S. Marshals Service’s voluntary change in enforcement tactics did not moot the plaintiffs’ claims. He ruled that the plaintiffs had shown a likelihood of success on the merits regarding both their claims, that the plaintiffs had made a sufficient showing of threatened future violations, and that the balance of public interest and public equities tipped in favor of the plaintiffs.

Because the plaintiffs and the City and Police Bureau had already stipulated to a preliminary injunction on the matter, Judge Simon did not address the question of whether an otherwise peaceful and law-abiding journalist or authorized legal observer had the First Amendment right not to disperse when faced with a general dispersal order issued by state or local authorities.

On August 21, 2020, the U.S. Marshals Service and the U.S. Department of Homeland Security appealed this decision to the United States Court of Appeals for the Ninth Circuit. 

On August 24, 2020, the federal defendants moved for a stay of the preliminary injunction pending appeal. District Judge Simon denied the motion on August 25, 2020. 2020 WL 8367541.

On August 28, 2020, a Ninth Circuit motion panel stayed the District Order’s preliminary injunction against the U.S. Department of Homeland Security and the U.S. Marshals Service. Judge Miller and Judge Bress found that the defendants had made a strong showing of likely success that the District Court’s injunction exempting “journalists” and “legal observers” from generally applicable dispersal orders was without adequate legal basis. However, the stay did not affect the District Court’s order directing the parties to confer and submit proposals to the District Court. Judge McKwoen dissented on the stay. 

District Judge Simon, on September 4, 2020, amended the stipulated preliminary injunction to include language indicating that no journalist or legal observer shall impede, block, or prevent the lawful activities of the police.

On September 23, 2020, given that the amended stipulated preliminary injunction in-place at the time was to expire, District Judge Simon extended the injunction until a final decision on the underlying legal issues was given.

On October 9, 2020, a Ninth Circuit panel consisting of Senior Circuit Judge Diarmuid O’Scannlain, Circuit Judge Johnnie Rawlinson, and Circuit Judge Morgan Christen denied the defendants’ emergency motion. 977 F.3d 817. The Ninth Circuit found that they did not show a strong likelihood of success on the merits and failed to demonstrate that they were likely to suffer irreparable injury if the preliminary injunction was not stayed pending appeal. Judge O’Scannlain dissented. 

The Ninth Circuit, on February 18, 2021, granted the federal defendants' unopposed motion to hold their appeal of the preliminary injunction in abeyance so that the district court could rule on the federal defendants' motion for an indicative ruling. The federal defendants asked the court to hold granting their motion to dissolve the preliminary injunction if the Ninth Circuit were to remand the case for that purpose.

On January 7, 2022, the district court granted the federal defendant's motion. 2022 WL 72124. The district court found that the prevalence of protests had substantially diminished since the injunction was entered and federal police presence had fallen accordingly. 

On January 27, 2022, the Ninth Circuit panel remanded the appeal of the preliminary injunction to the District Court for the limited purpose of enabling the District Court to consider the defendants’ request to dissolve the preliminary injunction. 

The district court dissolved the preliminary injunction on March 17, 2022.

On March 25, 2022, the Ninth Circuit dismissed the defendants’ appeal.

On September 26, 2022, District Judge Simon dismissed the plaintiffs’ second amended complaint as moot and granted the plaintiffs’ motion to file a third amended complaint alleging claims against individual officers of the U.S. Department of Homeland Security and the U.S. Marshals Service. 2022 WL 4466881

On October 11, 2022, the plaintiffs filed a third amended complaint against the City of Portland, twenty police officers of the City who directly assaulted the plaintiffs and members of the plaintiff class, ten supervisory officers of the City, thirty individual and supervisory officers of other law enforcement agencies, and 140 federal agents of the U.S. Department of Homeland Security and the U.S. Marshals Service. The plaintiffs alleged four causes of action: (1) violation of the First Amendment, (2) violation of the Fourth Amendment, (3) violations of Article I, §§ 8 and 26 of the Oregon Constitution, and (4) declaratory judgment. 

On March 28, 2023, District Judge Simon partially dismissed the plaintiffs’ claim. Judge Simon dismissed the plaintiffs’ claims for equitable relief as described under the causes of action (1), (2), and (4) of the third amended complaint. Judge Simon also dismissed the plaintiff’s third cause of action (violations under the Oregon Constitution). 2023 WL 2666538. Judge Simon dismissed the claims based on mootness, finding that the circumstances have substantially changed since May 2020. Judge Simon also dismissed Plaintiff Index Newspaper’s claims, finding that they had abandoned the claim. 

As of December 28, 2023, the case is ongoing.

Summary Authors

Andrew Eslich (1/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17301670/parties/index-newspapers-llc-v-city-of-portland/


Judge(s)
Attorney for Plaintiff

Acharya, Athul K (California)

Borden, Matthew Brooks (California)

Attorney for Defendant

Bailey, Ryan C (Oregon)

Bokern, Jordan Von (Oregon)

Expert/Monitor/Master/Other

Bosworth, Duane A. (Oregon)

show all people

Documents in the Clearinghouse

Document

3:20-cv-01035

Docket [PACER]

Dec. 8, 2020

Dec. 8, 2020

Docket
1

3:20-cv-01035

Class Action Allegation Complaint

Woodstock v. City of Portland

June 28, 2020

June 28, 2020

Complaint
33

3:20-cv-01035

Temporary Restraining Order

Woodstock v. City of Portland

July 2, 2020

July 2, 2020

Order/Opinion

2020 WL 2020

40

3:20-cv-01035

Class Action Allegation First Amended Complaint

July 10, 2020

July 10, 2020

Complaint
42

3:20-cv-01035

Emergency Motion for Leave to File Second Amended Complaint

July 14, 2020

July 14, 2020

Pleading / Motion / Brief
47

3:20-cv-01035

Plaintiffs' Reply Brief in Support of Emergency Motion for Leave to File Second Amended Complaint

July 16, 2020

July 16, 2020

Pleading / Motion / Brief
49

3:20-cv-01035

Stipulated Preliminary Injunction

July 16, 2020

July 16, 2020

Order/Opinion
54

3:20-cv-01035

Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service

July 17, 2020

July 17, 2020

Pleading / Motion / Brief
53

3:20-cv-01035

Class Action Allegation Second Amended Complaint

July 17, 2020

July 17, 2020

Complaint
52

3:20-cv-01035

Opinion and Order

July 17, 2020

July 17, 2020

Order/Opinion

2020 WL 2020

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17301670/index-newspapers-llc-v-city-of-portland/

Last updated March 17, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6907171 Jury Trial Requested: Yes. Filed by Doug Brown, Tuck Woodstock, Sam Gehrke, Mathieu Lewis-Rolland, Kat Mahoney, John Rudoff against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Simon, Kelly) (Entered: 06/28/2020)

1 Civil Cover Sheet

View on RECAP

2 Proposed Summons

View on RECAP

June 28, 2020

June 28, 2020

Clearinghouse
2

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gunnar K. Martz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911137. Filed by All Plaintiffs. (Martz, Gunnar) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
3

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Matthew B. Borden. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911177. Filed by All Plaintiffs. (Borden, Matthew) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
4

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney J. Noah Hagey. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911218. Filed by All Plaintiffs. (Hagey, J.) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP

Clerk's Review of Pro Hac Vice Motion

June 29, 2020

June 29, 2020

PACER
5

Notice of Case Assignment to Judge Anna J. Brown 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 10/27/2020. Joint Alternate Dispute Resolution Report is due by 11/27/2020. Pretrial Order is due by 11/27/2020. Ordered by Judge Anna J. Brown. (ecp) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
6

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. (ecp) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gunnar K. Martz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911137 2 : Reviewed and Ready for Ruling. (ecp)

June 29, 2020

June 29, 2020

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Matthew B. Borden. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911177 3 : Reviewed and Ready for Ruling. (ecp)

June 29, 2020

June 29, 2020

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney J. Noah Hagey. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911218 4 : Reviewed and Ready for Ruling. (ecp)

June 29, 2020

June 29, 2020

PACER
7

Motion for Temporary Restraining Order . Expedited Hearing requested. Filed by All Plaintiffs. (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

RECAP
8

Declaration of Matthew Borden in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Attachments: # 1 Exhibit 1) (Acharya, Athul) (Entered: 06/30/2020)

1 Exhibit 1

View on PACER

June 30, 2020

June 30, 2020

PACER
9

Declaration of Doug Brown in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
10

Declaration of Sam Gehrke in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
11

Declaration of Wm. Steven Humphrey in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Attachments: # 1 Exhibit 1) (Acharya, Athul) (Entered: 06/30/2020)

1 Exhibit 1

View on PACER

June 30, 2020

June 30, 2020

PACER
12

Declaration of Mathieu Lewis-Rolland in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
13

Declaration of Kat Mahoney in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
14

Declaration of Nathan Millsap in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
15

Declaration of Sergio Olmos in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

Clearinghouse
16

Declaration of Zach Putnam in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
17

Declaration of John Rudoff in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Attachments: # 1 Exhibit 1) (Acharya, Athul) (Entered: 06/30/2020)

1 Exhibit 1

View on PACER

June 30, 2020

June 30, 2020

PACER
18

Declaration of Suzette Smith in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
19

Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Judge Michael H. Simon. (eo) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
20

Declaration of Blair Stenvick in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
21

Declaration of Elliot Tippie in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
22

Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Attachments: # 1 Exhibit 1) (Acharya, Athul) (Entered: 06/30/2020)

1 Exhibit 1

View on PACER

June 30, 2020

June 30, 2020

PACER
23

Declaration of Tuck Woodstock in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
24

Declaration of Alex Zielinski in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
25

Scheduling Order by Judge Michael H. Simon. ORDER - Setting a Telephone Conference to discuss the status of the case for 7/1/2020 at 2:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
26

Supplemental Declaration of Kat Mahoney in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
27

Supplemental Declaration of Matthew Borden in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Attachments: # 1 Exhibit 1) (Acharya, Athul) (Entered: 07/01/2020)

1 Exhibit 1

View on PACER

July 1, 2020

July 1, 2020

RECAP
28

Supplemental Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
29

MINUTES OF TELEPHONE CONFERENCE: ORDER - Setting a further Telephone Conference for 7/2/2020 at 11:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Matthew Borden, Athul K. Acharya, Gunner Martz, and Kelly K. Simon present as counsel for Plaintiffs. Naomi Sheffield present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

1 - Scheduling

July 1, 2020

July 1, 2020

PACER

Scheduling Conference

July 1, 2020

July 1, 2020

PACER
30

MINUTES OF TELEPHONE CONFERENCE: Status of case discussed as stated on the record. The Court takes this matter under advisement on 7/2/2020. Matthew Borden, Athul K. Acharya, Gunner Martz, and Kelly K. Simon present as counsel for Plaintiffs. Denis M. Vannier and Naomi Sheffield present as counsel for Defendants. Beth Ann Creighton and Michael Rose present as amicus/potential intervenor. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
31

Motion to Appear as Amicus Curiae . Filed by National Police Association. (Buchal, James) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

RECAP
32

Declaration of Ed Hutchison . Filed by National Police Association. (Related document(s): Motion to appear as amicus curiae 31 .) (Buchal, James) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
33

TEMPORARY RESTRAINING ORDER. Signed on 7/2/2020 by Judge Michael H. Simon. (mja) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

Clearinghouse
34

ORDER - The National Police Association's Motion to Appear as Amicus Curiae (ECF 31 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

Status Conference

July 2, 2020

July 2, 2020

PACER
35

Notice of Appearance of Naomi Sheffield appearing on behalf of City of Portland Filed by on behalf of City of Portland. (Sheffield, Naomi) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

PACER

Order on Motion to Appear as Amicus Curiae

July 3, 2020

July 3, 2020

PACER
36

Notice of Appearance of Denis M. Vannier appearing on behalf of City of Portland Filed by on behalf of City of Portland. (Vannier, Denis) Modified on 7/9/2020 to reflect correction representation from All Defendants to City of Portland, NEF regenerated.(rs). (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
37

ORDER - The Court directs the parties in both Woodstock v. City of Portland, Case No. 20-cv-1035-SI, and Elia v. Wheeler, Case No. 20-cv-1106-SI, to contact the chambers of United States Magistrate Judge John V. Acosta for the purpose of promptly participating in a joint settlement conference in both matters. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
38

Scheduling Order - SETTING a Telephone Status Conference for Thursday, July 16, 2020 at 10:30 AM in Portland before Magistrate Judge John V. Acosta for the purpose of discussing the scheduling of a settlement conference pursuant to Judge Simon's Order 37 . The Court's conference call information shall be provided by separate entry. Ordered by Magistrate Judge John V. Acosta. (pjg) Modified on 7/14/2020 to correct month of status conference from June to July (mja). (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
39

Notice of Association of Attorney YoungWoo Joh for City of Portland. Filed by City of Portland. (Joh, YoungWoo) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
40

First Amended Complaint . Filed by Sam Gehrke, Doug Brown, Tuck Woodstock, Mathieu Lewis-Rolland, Kat Mahoney, John Rudoff, Index Newspapers LLC, Alex Milan Tracy, Brian Conley, Justin Yau, Sergio Olmos against All Defendants. (Acharya, Athul) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

Clearinghouse

Order

July 10, 2020

July 10, 2020

PACER

1 - Scheduling

July 10, 2020

July 10, 2020

PACER
41

Notice of Association of Attorney Ryan C. Bailey,Ryan C. Bailey,Ryan C. Bailey for City of Portland. Filed by City of Portland. (Bailey, Ryan) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
42

Emergency Motion for Leave to File Amended Complaint/Petition . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Acharya, Athul) (Entered: 07/14/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

July 14, 2020

July 14, 2020

Clearinghouse
43

Declaration of Garrison Davis Regarding Events of July 12, 2020. Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 42 .) (Acharya, Athul) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP
44

Declaration of Mathieu Lewis-Rolland Regarding Events of July 12, 2020. Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 42 .) (Acharya, Athul) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP
45

SCHEDULING ORDER - Defendant City of Portland's response to Plaintiff's Emergency Motion for Leave to File Second Amended Complaint (ECF 42 ) is due by the close of business on Wednesday, July 15, 2020, as agreed upon by the parties. Plaintiff's reply is due by 8:00 a.m. on Thursday, July 16, 2020. The Court will hear oral argument by telephone on Thursday, July 16, 2020 at 3:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
46

Response in Opposition to Emergency Motion for Leave to File Amended Complaint/Petition 42 Oral Argument requested. Filed by City of Portland. (Vannier, Denis) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

RECAP

1 - Scheduling

July 15, 2020

July 15, 2020

PACER
47

Reply to Emergency Motion for Leave to File Amended Complaint/Petition 42 . Filed by All Plaintiffs. (Acharya, Athul) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

Clearinghouse
48

Stipulated Motion for Preliminary Injunction . Filed by All Plaintiffs. (Acharya, Athul) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

RECAP
49

Stipulated Preliminary Injunction. Signed on 7/16/2020 by Judge Michael H. Simon. (mja) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

Clearinghouse
50

MINUTES of Proceedings: Telephonic Status Conference held before Judge John V. Acosta. Ordered Motions 2 by Gunnar Martz, 3 by Matthew Borden, and 4 by Noah Hagey to appear Pro Hac Vice as counsel for plaintiffs are granted. Ordered the parties shall confer and submit a joint proposed discovery plan to the Court by 7/30/2020. The discovery plan shall address the discovery needed for a settlement conference and a timetable to complete discovery. If the parties are unable to agree, each parties' position shall be addressed in the proposed discovery plan. Matthew Borden, Gunnar Martz, Athul Acharya present as counsel for plaintiffs. Denis Vannier present as counsel for defendants. Tape No: Hearing was not recorded. Magistrate Judge John V. Acosta presiding. (cw) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
51

MINUTES OF TELEPHONE ORAL ARGUMENT: ORDER - Plaintiffs' Emergency Motion for Leave to Amend Complaint (ECF 42 ) is taken under advisement as of 7/16/2020. Athul K. Acharya, Kelly K. Simon, and Matthew Bordon present as counsel for Plaintiffs. Denis M. Vannier present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER

Status Conference

July 16, 2020

July 16, 2020

PACER
52

Opinion and Order - The Court GRANTS Plaintiffs' Emergency Motion for Leave to File Second Amended Complaint. ECF 42 . Signed on 7/17/2020 by Judge Michael H. Simon. (mja) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

Clearinghouse
53

Second Amended Complaint . Filed by Alex Milan Tracy, Sam Gehrke, Brian Conley, Index Newspapers LLC, Tuck Woodstock, Doug Brown, Justin Yau, Mathieu Lewis-Rolland, Kat Mahoney, John Rudoff, Sergio Olmos against All Defendants (Attachments: # 1 Proposed Summons). (Borden, Matthew) (Entered: 07/17/2020)

1 Proposed Summons

View on RECAP

July 17, 2020

July 17, 2020

Clearinghouse
54

Motion for Temporary Restraining Order and Preliminary Injunction. Expedited Hearing requested. Filed by All Plaintiffs. (Borden, Matthew) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

Clearinghouse
55

Declaration of Doug Brown in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
56

Declaration of Justin Yau in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP

Motion Hearing Held

July 17, 2020

July 17, 2020

PACER
57

SCHEDULING ORDER: The Federal Defendants' response to Plaintiffs' Motion for Temporary Restraining Order (ECF 54 ) is due Tuesday, July 21, 2020, by 5:00 p.m., and Plaintiffs' reply is due Wednesday, July 22, 2020, by 5:00 p.m. The Court will hold a telephonic hearing on Thursday, July 23, 2020, at 1:00 p.m. and will provide a call-in number by separate sealed entry. The Courtroom Deputy is directed to provide a copy of this Scheduling Order and Plaintiff's Motion by email to the United States Attorney for the District of Oregon. Ordered by Judge Michael H. Simon (mja) (Entered: 07/18/2020)

July 18, 2020

July 18, 2020

PACER

1 - Scheduling

July 18, 2020

July 18, 2020

PACER
58

Declaration of Nathan Howard in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

RECAP
59

Declaration of John Rudoff in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

RECAP
60

Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

RECAP
61

Declaration of Nate Haberman-Ducey in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
62

Declaration of Jungho Kim in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
63

Declaration of James Comstock in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
64

Declaration of Jake Johnson in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
65

Amicus Memorandum . Filed by National Police Association. (Buchal, James) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
66

Notice of Appearance of Andrew Warden appearing on behalf of U.S. Department of Homeland Security, U.S. Marshals Service Filed by on behalf of U.S. Department of Homeland Security, U.S. Marshals Service. (Warden, Andrew) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
67

Memorandum in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction 54 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Warden, Andrew) (Entered: 07/21/2020)

1 Exhibit

View on RECAP

2 Exhibit

View on RECAP

3 Exhibit

View on RECAP

4 Exhibit

View on RECAP

5 Exhibit

View on RECAP

6 Exhibit

View on RECAP

7 Exhibit

View on RECAP

July 21, 2020

July 21, 2020

Clearinghouse
68

Waiver of Service of Summons Returned Executed by City of Portland waiver sent on 7/10/2020. Filed by All Plaintiffs. (Acharya, Athul) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
69

Summons Issued Electronically as to U.S. Department of Homeland Security, U.S. Marshals Service. 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. (rs) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
70

City Memorandum in Support of Motion for Temporary Restraining Order Against Federal Defendants. Filed by City of Portland. (Related document(s): Motion for Temporary Restraining Order 54 .) (Vannier, Denis) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

Clearinghouse
71

Declaration of Karina Brown in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
72

Declaration of Noah Berger in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
73

Declaration of Mike Bivins in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
74

Supplemental Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
75

Declaration of Kat Mahoney in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
76

Declaration of Tuck Woodstock in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
77

Declaration of Mathieu Lewis-Rolland in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
78

Declaration of Elizabeth Dylan (Eddy) Binford-Ross in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Borden, Matthew) (Entered: 07/22/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

July 22, 2020

July 22, 2020

RECAP
79

Reply to Motion for Temporary Restraining Order and Preliminary Injunction 54 Oral Argument requested. Filed by All Plaintiffs. (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

Clearinghouse
80

Supplemental Declaration of John Rudoff in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Acharya, Athul) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
81

Declaration of Steve Hickey in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Acharya, Athul) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
82

Declaration of Gabriel Trumbly in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Acharya, Athul) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
83

MINUTES OF TELEPHONE ORAL ARGUMENT: ORDER - Plaintiffs' Motion for Temporary Restraining Order (ECF 54 ) is taken under advisement as of July 23, 2020. Matthew Bordan present as counsel for Plaintiffs. Denis M. Vannier present as counsel for Defendant City of Portland. Andrew Warden present as counsel for Defendants U.S. Marshals Service and U.S. Department of Homeland Security. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
84

Temporary Restraining Order Enjoining Federal Defendants. Signed on 7/23/2020 by Judge Michael H. Simon. (mja) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

Clearinghouse

Motion Hearing Held

July 23, 2020

July 23, 2020

PACER
85

Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Borden, Matthew) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

Clearinghouse

Case Details

State / Territory: Oregon

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several individuals and a media corporation Index Newspapers LLC alleging that Portland Police Department had a pattern of targeting and retaliating against journalists and neutral observers, including plaintiffs during George Floyd protests.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Portland (Portland), City

John Does 1-60 (PPB Officers) (Portland), City

U.S. Department of Homeland Security (DHS), Federal

United States Marshals Service, Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Petitions clause

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Damages

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2020 - 2020

Issues

General/Misc.:

Aggressive behavior

Over/Unlawful Detention

Policing:

Excessive force

Pepper/OC Spray (policing)