Case: Western States Center v. Department of Homeland Security

3:20-cv-01175 | U.S. District Court for the District of Oregon

Filed Date: July 21, 2020

Closed Date: March 15, 2022

Clearinghouse coding complete

Case Summary

This lawsuit, filed on July 21, 2020 in the U.S. District Court for the District of Oregon, was brought by the Western State Center (a public benefit corporation), the First Unitarian Church of Portland, a private individual, and two Oregon State Representatives. Represented by private attorneys, they sued the U.S. Department of Homeland Security, the U.S. Customs and Border Protection, Federal Protective Service, and the U.S. Marshal Service over the defendants' presence and role in quelling p…

This lawsuit, filed on July 21, 2020 in the U.S. District Court for the District of Oregon, was brought by the Western State Center (a public benefit corporation), the First Unitarian Church of Portland, a private individual, and two Oregon State Representatives. Represented by private attorneys, they sued the U.S. Department of Homeland Security, the U.S. Customs and Border Protection, Federal Protective Service, and the U.S. Marshal Service over the defendants' presence and role in quelling protests that ensued after the police killing of George Floyd in May of 2020.

The complaint alleged violations of the First and Tenth Amendments. The First Amendment claim was brought by First Unitarian Church and argued that the defendants' arrests of protesters were in violation of the First Amendment right to protest, but also in violation of the Free Exercise clause, as protest was an integral part of the church's philosophy. The Tenth Amendment claim, brought by all plaintiffs, claimed that the federal agencies' enforcement of law on Portland property (and not just federal property) amounted to an unconstitutional violation of the principles of federalism. Plaintiffs requested declaratory relief, injunctive relief, and attorney's fees and costs. The case was assigned to Judge Michael W. Mosman and Magistrate Judge Jolie A. Russo.

The plaintiffs submitted an amended complaint on July 27. The amended complaint retained the arguments about free speech, free exercise, and principles of federalism, but added other claims regarding the Fourth Amendment. Specifically, the plaintiffs alleged that the federal agents were arresting Portland residents without probable cause, adding that some of these arrests were caught on video. Protesters were taken off the street by non-uniformed federal officers and hauled into unmarked vans.

Two days later the plaintiffs submitted a motion for a temporary restraining order with an expedited hearing and a motion for a preliminary injunction. However, on August 4 the court granted an email request to withdraw the motion for a temporary restraining order as moot. This is probably because the court had already granted a TRO against against federal agents in Portland in Index Newspapers v. City of Portland earlier in the week. The plaintiffs continued to seek a preliminary injunction.

On October 22 and 30, the court held oral argument on the motion for a preliminary injunction. Judge Mosman granted the preliminary injunction with respect to the First Amendment claims, but denied the preliminary injunction with respect to the Tenth Amendment claim. 2020 WL 6555054. While Judge Mosman found no showing that the federal agents acted with retaliatory motive, he found that the President and Acting Secretary Chad Wolf expressed such a motivation and the plaintiffs were entitled to some form of injunctive relief. Under the preliminary injunction, Judge Mosman limited the defendants from engaging in crowd control beyond an extended city block around the U.S. Courthouse.

The defendants promptly appealed to the Ninth Circuit (Docket No. 20-35959) and requested a stay pending appeal. The Ninth Circuit denied the defendants' emergency motion for a stay pending appeal without prejudice to renewal after the district court ruled on the motion to stay pending appeal. Then on November 9, 2020, the court held a status conference and vacated the order for the preliminary injunction as no longer necessary. The defendants subsequently dismissed the appeal.

On December 4, 2020, the defendants filed a motion to dismiss for lack of jurisdiction and failure to state a claim. They argued that the plaintiffs lacked standing because the plaintiffs did not attend the protest and the feared injuries were not injuries in fact or traceable to federal agents' conduct. In addition, they argued that the First Amendment allegations were actually weaker than what was considered in the preliminary injunction motion. The defendants also requested a stay of discovery.

The parties then consented to proceed before Magistrate Judge Jolie A. Russo. Shortly thereafter, defendants moved for to dismiss for lack of jurisdiction and failure to state a claim. On January 27, 2021, the magistrate judge recommended the district court deny defendants' motion to dismiss. But the district court disagreed, granting the defendants' motion to dismiss with prejudice on May 11. 2021 WL 1896965. Judge Mosman expressed appreciation for Magistrate Judge Russo's hesitancy to rule in defendants' favor in a way that would seem to overrule Judge Mosman's prior rulings at the preliminary injunction stage. However, with the Biden Administration now in the white house, the circumstances had changed enough to render plaintiffs' claims moot—he found that defendants' challenged conduct could not reasonably be expected to recur.

Nonetheless, the district court found that plaintiffs were the prevailing party in this case and granted $144,043.48 in attorney fees and $5,092.53 in expenses. 2022 WL 796073. 

This case is closed.

Summary Authors

Jack Hibbard (8/6/2020)

Emily Kempa (12/30/2020)

Jordan Katz (4/29/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17367081/parties/western-states-center-inc-v-united-states-department-of-homeland/


Judge(s)

Mosman, Michael W. (Oregon)

Russo, Jolie A. (Oregon)

Attorneys(s) for Plaintiff

Davidson, Clifford S (Oregon)

Dove, Kelly H. (Nevada)

Jacobs, Andrew M (Arizona)

Attorneys(s) for Defendant

Clendenen, Michael Patrick (District of Columbia)

Hall, Jeffrey A (District of Columbia)

Lynch, Jason C. (District of Columbia)

Von Bokern, Jordan L (District of Columbia)

Judge(s)

Mosman, Michael W. (Oregon)

Russo, Jolie A. (Oregon)

Attorneys(s) for Plaintiff

Davidson, Clifford S (Oregon)

Dove, Kelly H. (Nevada)

Jacobs, Andrew M (Arizona)

Attorneys(s) for Defendant

Clendenen, Michael Patrick (District of Columbia)

Hall, Jeffrey A (District of Columbia)

Lynch, Jason C. (District of Columbia)

Von Bokern, Jordan L (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 22, 2020 Docket
1

Complaint for Injunctive and Declaratory Relief

Western States Center v. United States Department of Homeland Security

July 21, 2020 Complaint
14

First Amended Complaint

July 27, 2020 Complaint
16

Motion for Temporary Restraining Order and Preliminary Injunction

July 29, 2020 Pleading / Motion / Brief
50

Order for Preliminary Injunction

2020 WL 6555054

Nov. 2, 2020 Order/Opinion
99

Order on Findings & Recommendation AND Order on Motion for Stay AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss for Failure to State a Claim

May 11, 2021 Order/Opinion
126

Order on Findings & Recommendation AND Order on Application for EAJA Fees

March 15, 2022 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17367081/western-states-center-inc-v-united-states-department-of-homeland/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7011263 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Sara D Eddie, First Unitarian Church of Portland, Oregon, Janelle S Bynum, Western States Center, Inc., Karin A Power against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons to DHS, # 3 Proposed Summons to CBP, # 4 Proposed Summons to FPS, # 5 Proposed Summons US Marshals). (Davidson, Clifford) (Entered: 07/21/2020)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons to DHS

View on PACER

3 Proposed Summons to CBP

View on PACER

4 Proposed Summons to FPS

View on PACER

5 Proposed Summons US Marshals

View on PACER

July 21, 2020 Clearinghouse
2

Notice of Case Assignment to Magistrate Judge Jolie A. Russo 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 11/19/2020. Joint Alternate Dispute Resolution Report is due by 12/21/2020. Pretrial Order is due by 12/21/2020. Ordered by Magistrate Judge Jolie A. Russo. (rs) (Entered: 07/22/2020)

July 22, 2020 RECAP
3

Summons Issued Electronically as to United States Department of Homeland Security. 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 PACER
4

Summons Issued Electronically as to United States Customs and Border Protection. 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 PACER
5

Summons Issued Electronically as to Federal Protective 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 PACER
6

Summons Issued Electronically as to United States 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 PACER
7

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew M. Jacobs. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7029447. Filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Court Admissions) (Jacobs, Andrew) (Entered: 07/24/2020)

1 Exhibit A - Court Admissions

View on PACER

July 24, 2020 PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew M. Jacobs. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7029447 7 : Reviewed and Ready for Ruling. (ecp)

July 24, 2020 PACER
8

ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiffs' Application/Motion for Leave to Appear Pro Hac Vice 7 as to Attorney Andrew M. Jacobs. (gm) (Entered: 07/24/2020)

July 24, 2020 PACER

Leave to Appear Pro Hac Vice

July 24, 2020 PACER
9

Affidavit of Service of Summons Issued, 4 upon United States Customs and Border Protection served on 7/23/2020 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/27/2020)

July 27, 2020 RECAP
10

Affidavit of Service of Summons Issued, 3 upon United States Department of Homeland Security served on 7/23/2020 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/27/2020)

July 27, 2020 PACER
11

Affidavit of Service of Summons Issued 5 upon Federal Protective Service served on 7/23/2020 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/27/2020)

July 27, 2020 PACER
12

Affidavit of Service of Summons Issued 6 upon United States Marshals Service served on 7/23/2020 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/27/2020)

July 27, 2020 PACER
13

Affidavit of Service of Summons Issued 6, Summons Issued, 3, Summons Issued, 4, Summons Issued 5 upon All Defendants via certified mail pursuant to FRCP 4(i)(1) and (2) Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/27/2020)

July 27, 2020 RECAP
14

First Amended Complaint . Filed by Sara D Eddie, First Unitarian Church of Portland, Oregon, Janelle S Bynum, Western States Center, Inc., Karin A Power against All Defendants. (Davidson, Clifford) (Entered: 07/27/2020)

July 27, 2020 Clearinghouse
15

Certificate of Service by All Plaintiffs of Amended Complaint 14 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/28/2020)

July 28, 2020 PACER
16

Motion for Preliminary Injunction, Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 Clearinghouse
17

Declaration of Clifford S. Davidson . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 PACER
18

Declaration of Dana Buhl . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 PACER
19

Declaration of Representative Janelle Bynum . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 PACER
20

Declaration of Representative Karin Power . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 PACER
21

Declaration of Samuel Hill . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 PACER
22

Declaration of Mayor Ted Wheeler . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 PACER
23

Declaration of Amanda Dunham . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 PACER
24

Declaration of Sara D. Eddie . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 PACER
25

Declaration of Ryan Malia . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 PACER
26

Certificate of Service by All Plaintiffs of Motion for Preliminary Injunction Motion for Temporary Restraining Order 16 and related declarations Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/29/2020)

July 29, 2020 PACER
27

Scheduling Order by Judge Michael W. Mosman. Response is due by 8/5/2020, regarding Motion for Temporary Restraining Order 16 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
28

ORDER: GRANTING the parties' email request to WITHDRAW, without prejudice the Motion for Temporary Restraining Order and request for expedited hearing 16 . Plaintiffs will file a supplemental memorandum, and supplemental evidence, addressing mootness as it relates to the Preliminary Injunction Motion 16 by 8/10/2020. The Response is due by 8/24/2020 and the Reply is due by 9/8/2020 regarding Preliminary Injunction Motion 16 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 08/04/2020)

Aug. 4, 2020 PACER

1 - Scheduling

Aug. 4, 2020 PACER
29

Supplemental Memorandum in Support of Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 08/10/2020)

Aug. 10, 2020 RECAP
30

Second Declaration of Clifford S. Davidson and Exhibits 1 through 11. Filed by All Plaintiffs. (Related document(s): Memorandum in Support of Motion 29 .) (Davidson, Clifford) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
31

Declaration of Rev. Bill Sinkford . Filed by All Plaintiffs. (Related document(s): Memorandum in Support of Motion 29 .) (Davidson, Clifford) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
32

Declaration of Eric K. Ward . Filed by All Plaintiffs. (Related document(s): Memorandum in Support of Motion 29 .) (Davidson, Clifford) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
33

Second Declaration of Rep. Janelle Bynum . Filed by All Plaintiffs. (Related document(s): Memorandum in Support of Motion 29 .) (Davidson, Clifford) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
34

Second Declaration of Sara Eddie . Filed by All Plaintiffs. (Related document(s): Memorandum in Support of Motion 29 .) (Davidson, Clifford) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
35

Certificate of Service by All Plaintiffs of Memorandum in Support of Motion 29, Declaration 32, Declaration 34, Declaration 30, Declaration 31, Declaration 33 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
36

Notice of Appearance of Jordan Von Bokern appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Von Bokern, Jordan) (Entered: 08/24/2020)

Aug. 24, 2020 PACER
37

Response in Opposition to Motion for Preliminary Injunction Motion for Temporary Restraining Order 16 . Filed by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Von Bokern, Jordan) (Entered: 08/24/2020)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

Aug. 24, 2020 RECAP
38

Reply to Motion for Preliminary Injunction Motion for Temporary Restraining Order 16 Oral Argument requested. Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
39

Third Declaration of Clifford S. Davidson . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 09/08/2020)

Sept. 8, 2020 RECAP
40

Notice of Appearance of Jeffrey Aaron Hall appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Hall, Jeffrey) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
41

Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Attachments: # 1 Proposed Order) (Hall, Jeffrey) (Entered: 09/18/2020)

1 Proposed Order

View on PACER

Sept. 18, 2020 PACER
42

ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Unopposed Motion for Extension of Time 41 as follows: Defendants' answer will be due 14 days from the time that the Court resolves Plaintiffs' currently pending motion for a preliminary injunction or until 11/6/2020, whichever date is earlier, and without prejudice to Defendants' ability seek an additional extension, provided sufficient good cause is shown, should circumstances warrant it. In addition, Corporate Plaintiffs are reminded to file their Corporate Disclosure Statements, which were due in this matter on 8/4/2020. (gm) (Entered: 09/18/2020)

Sept. 18, 2020 PACER

Order on Motion for Extension of Time to Answer a Complaint/Petition

Sept. 19, 2020 PACER
43

Corporate Disclosure Statement . Filed by First Unitarian Church of Portland, Oregon. (Davidson, Clifford) (Entered: 09/21/2020)

Sept. 21, 2020 PACER
44

Corporate Disclosure Statement . Filed by Western States Center, Inc.. (Davidson, Clifford) (Entered: 09/21/2020)

Sept. 21, 2020 PACER
45

Notice re Reply to Motion 38, Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 (Notice of Supplemental Authority) Filed by All Plaintiffs. (Related document(s): Reply to Motion 38, Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 10/12/2020)

Oct. 12, 2020 PACER
46

Scheduling Order by Judge Michael W. Mosman regarding Motion for Preliminary Injunction Motion for Temporary Restraining Order 16 . Oral Argument is set for 10/22/2020 at 02:00P-3:00PM in Portland Courtroom 16/Videoconference before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms) (Entered: 10/19/2020)

Oct. 19, 2020 PACER

1 - Scheduling

Oct. 19, 2020 PACER
47

Notice re Reply to Motion 38, Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 (Supplemental Authority) Filed by All Plaintiffs. (Related document(s): Reply to Motion 38, Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Attachments: # 1 Attachment Index Newspapers LLC opinion) (Davidson, Clifford) (Entered: 10/22/2020)

1 Attachment Index Newspapers LLC opinion

View on PACER

Oct. 22, 2020 PACER
48

MINUTES of Proceedings: Oral Argument held before Judge Michael W. Mosman. A second hearing on Plaintiffs Motion for Preliminary Injunction 16 is set for 10/30/2020 at 09:00AM in Portland by videoconference before Judge Michael W. Mosman. Clifford Davidson, Andrew Jacobs present as counsel for plaintiff(s). Jeffrey Hall present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (kms) (Entered: 10/23/2020)

Oct. 22, 2020 PACER

Motion Hearing Held

Oct. 23, 2020 PACER
49

MINUTES of Proceedings: Oral Argument held before Judge Michael W. Mosman. Plaintiffs Motion for Preliminary Injunction 16 is DENIED with respect to the Tenth Amendment Claim and GRANTED with respect to the 1st Amendment Claims. The Parties shall send the Court proposed orders on injunctive relief. Clifford Davidson, Andrew Jacobs present as counsel for plaintiff(s). Jeffrey Hall present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (kms) (Entered: 10/30/2020)

Oct. 30, 2020 PACER

Motion Hearing Held AND Order on Motion for Preliminary Injunction

Oct. 30, 2020 PACER
50

ORDER FOR PRELIMINARY INJUNCTION. (See attachment) Signed on 11/2/2020 by Judge Michael W. Mosman. (kms) (Entered: 11/02/2020)

Nov. 2, 2020 Clearinghouse
51

Scheduling Order by Judge Michael W. Mosman. Status Conference is set for 11/9/2020 at 04:00PM-5:00PM in Portland by videoconference before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms) (Entered: 11/03/2020)

Nov. 3, 2020 PACER
52

Notice of Appeal to the 9th Circuit from Permanent Injunction 50 (fee exempt status selected (AUSA)) . Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Hall, Jeffrey) (Entered: 11/03/2020)

Nov. 3, 2020 RECAP
53

Motion for Stay Pending Appeal and Administrative Stay. Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Attachments: # 1 Attachment Declaration of Gabriel Russell) (Hall, Jeffrey) (Entered: 11/03/2020)

1 Attachment Declaration of Gabriel Russell

View on PACER

Nov. 3, 2020 RECAP
54

Declaration of Brian S. Acuna . Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Hall, Jeffrey) (Entered: 11/03/2020)

Nov. 3, 2020 PACER

1 - Scheduling

Nov. 3, 2020 PACER

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal, 52 . Case Appealed to Ninth Circuit Case Number 20-35949 assigned. (ecp)

Nov. 4, 2020 PACER
55

Unopposed Motion for Leave To File Document Under Seal. Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Attachments: # 1 Exhibit CBP NZ-1 Declaration, # 2 Exhibit Misher Declaration, # 3 Proposed Order) (Hall, Jeffrey) (Entered: 11/04/2020)

1 Exhibit CBP NZ-1 Declaration

View on PACER

2 Exhibit Misher Declaration

View on PACER

3 Proposed Order

View on PACER

Nov. 4, 2020 PACER
56

ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Unopposed Motion to File an Unredacted Declaration in Support of Defendants' Motion To Stay the Preliminary Injunction Pending Appeal ( 53 ) Under Seal 55 . (gm) (Entered: 11/04/2020)

Nov. 4, 2020 PACER
57

Exhibit 1 in Support of Motion for Stay Pending Appeal and Administrative Stay (# 53 ). (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (eo) (Entered: 11/04/2020)

Nov. 4, 2020 PACER

USCA Case Number

Nov. 4, 2020 PACER

Order on Motion for Leave

Nov. 4, 2020 PACER
60

ORDER issued by Magistrate Judge Jolie A. Russo: Plaintiffs' Notices of Lodging of October 22, 2020 Hearing Transcript 58 & 59 filed on 11/5/2020 will be sealed as the official court transcript has not been filed in accordance with the policy of this court. (See policy at https://ord.uscourts.gov/index.php/filing-and-forms/transcript-information.) (gm) (Entered: 11/05/2020)

Nov. 5, 2020 PACER
61

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing (By Videoconference) held on 10/22/20 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/12/2020. Redaction Request due 11/30/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/3/2021. (Shumway, Bonita) (Entered: 11/05/2020)

Nov. 5, 2020 PACER
62

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 10/30/2020 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/12/2020. Redaction Request due 11/30/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/3/2021. (Shumway, Bonita) (Entered: 11/05/2020)

Nov. 5, 2020 PACER
63

Response in Opposition to Motion for Stay Pending Appeal and Administrative Stay 53 . Filed by Janelle S Bynum, Sara D Eddie, First Unitarian Church of Portland, Oregon, Karin A Power, Western States Center, Inc.. (Jacobs, Andrew) (Entered: 11/05/2020)

Nov. 5, 2020 PACER
58

Notice

Nov. 5, 2020 PACER
59

Notice

Nov. 5, 2020 PACER

1 - Scheduling

Nov. 5, 2020 PACER
64

Reply to Motion for Stay Pending Appeal and Administrative Stay 53 . Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Hall, Jeffrey) (Entered: 11/06/2020)

Nov. 6, 2020 PACER
65

Order from USCA for the 9th Circuit, USCA # 20-35949 re Notice of Appeal, 52 . The emergency motion for a stay pending appeal (Docket Entry No. 7 ) is denied without prejudice to renewal following the district court's decision on the motion for stay pending appeal pending before it, or on November 11, 2020, whichever is first. The motion for an immediate administrative stay is denied. (ecp) (Entered: 11/06/2020)

Nov. 6, 2020 PACER
66

Stipulated Motion for Extension of Time to Answer Amended Complaint 14 . Filed by United States Department of Homeland Security, United States Customs and Border Protection, United States Marshals Service, Federal Protective Service. (Hall, Jeffrey) (Entered: 11/06/2020)

Nov. 6, 2020 PACER
67

ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Stipulated Motion for Extension of Time to Answer 66 as follows: Answer deadline reset to 12/4/2020 for all defendants. The Parties will also confer pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 26-1 no later than 12/4/2020. (gm) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
68

Supplemental Declaration of Clifford S. Davidson . Filed by All Plaintiffs. (Related document(s): Permanent Injunction 50 .) (Attachments: # 1 Exhibit 1) (Davidson, Clifford) (Entered: 11/09/2020)

1 Exhibit 1

View on PACER

Nov. 9, 2020 PACER
69

MINUTES of Proceedings: Status Conference held before Judge Michael W. Mosman. The Order for Preliminary Injunction 50 is VACATED. Defendants' Motion for Stay 53 is DENIED as moot. Clifford S. Davidson and Andrew M. Jacobs present as counsel for plaintiff(s). Jeffrey Aaron Hall and Jason Ferrell for the United States Marshals Service present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (dls) (Entered: 11/09/2020)

Nov. 9, 2020 PACER

Order on Motion for Extension of Time to Answer a Complaint/Petition

Nov. 9, 2020 PACER
70

Order from USCA for the 9th Circuit, USCA # 20-35949 re Notice of Appeal 52 . The motion filed by the government on November 16, 2020 for voluntary dismissal of this appeal is granted. This appeal is dismissed. See Fed. R. App. P. 42(b); 9th Cir. R. 27-9.1. This order shall constitute the mandate. (jtj) (Entered: 11/19/2020)

Nov. 19, 2020 RECAP
71

Notice of Appearance of Kelly H. Dove appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Dove, Kelly) (Entered: 12/01/2020)

Dec. 1, 2020 PACER
72

Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim . Filed by United States Department of Homeland Security, United States Customs and Border Protection, United States Marshals Service, Federal Protective Service. (Hall, Jeffrey) (Entered: 12/04/2020)

Dec. 4, 2020 RECAP
73

Motion for Stay of Discovery. Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Hall, Jeffrey) (Entered: 12/04/2020)

Dec. 4, 2020 RECAP
74

ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendants' Rule 12 Motion to Dismiss 72 and Defendants' Motion to Stay Discovery 73 on the under advisement calendar of 1/4/2021. (gm) (Entered: 12/07/2020)

Dec. 7, 2020 PACER

1 - Scheduling

Dec. 7, 2020 PACER
75

ORDER issued by Magistrate Judge Jolie A. Russo: Setting a Telephonic Rule 16 Conference for 12/14/2020 at 2:00PM in Portland Chambers before Magistrate Judge Jolie A. Russo. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
76

Notice of Appearance of Jason C. Lynch appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Lynch, Jason) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
77

Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 12/09/2020)

Dec. 9, 2020 PACER

1 - Scheduling

Dec. 9, 2020 PACER
78

Notice of Appearance of Michael Patrick Clendenen appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Clendenen, Michael) (Entered: 12/10/2020)

Dec. 10, 2020 PACER
79

MINUTES OF PROCEEDINGS before Magistrate Judge Jolie A. Russo: Telephonic Rule 16 Conference held 12/14/20. Order: The parties shall confer and submit a proposed case management schedule by 12/21/2020 for the court's consideration. Clifford Davidson present as counsel for plaintiff(s). Jason Lynch; Jeffrey Hall; Michael Clendenen present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 12/14/2020)

Dec. 14, 2020 PACER

Scheduling Conference

Dec. 14, 2020 PACER
80

Response in Opposition to Motion for Stay of Discovery 73 . Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 12/18/2020)

Dec. 18, 2020 PACER
81

Response in Opposition to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 72 . Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 12/18/2020)

Dec. 18, 2020 PACER
82

Notice in Response to the Court's Questions at the December 14, 2020, Rule 16 Conference Filed by All Defendants. (Lynch, Jason) (Entered: 12/22/2020)

Dec. 22, 2020 PACER
83

ORDER issued by Magistrate Judge Jolie A. Russo: Based on Defendant's Notice 82, the discovery deadline is extended as follows: Discovery to be completed by 11/30/2021. All other case management deadlines will be discussed following final ruling on the pending motions to dismiss and to stay discovery. (gm) (Entered: 12/22/2020)

Dec. 22, 2020 PACER

1 - Scheduling

Dec. 23, 2020 PACER

State / Territory: Oregon

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Key Dates

Filing Date: July 21, 2020

Closing Date: March 15, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Western States Center, First Unitarian Church of Portland, two Oregon state representatives, and a private individual.

Plaintiff Type(s):

Non-profit NON-religious organization

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security, Federal

United States Customs and Border Protection, Federal

United States Marshals Service (USMS), Federal

Federal Protective Service, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Federalism (including 10th Amendment)

Free Exercise Clause

Freedom of speech/association

Petitions clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: $149,136.01

Content of Injunction:

Preliminary relief granted

Issues

General:

False arrest

Over/Unlawful Detention

Pepper/OC spray