Filed Date: July 17, 2020
Closed Date: Sept. 16, 2020
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This lawsuit was filed by the State of Oregon through Ellen Rosenblum, the Oregon Attorney General, on July 17, 2020 in the U.S. District Court for the District of Oregon. The State sued the U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), U.S. Marshals Service (USMS), and Federal Protective Service, as well as ten unnamed and unidentified law enforcement officers. The complaint alleged that these federal agencies were involved in detaining people in Portland, hauling them into unmarked vehicles, and taking them to the courthouse without a warrant. President Trump began deploying these federal agencies to Portland in mid-July of 2020, in response to the protests that took place in that city since the police killing of George Floyd in May of 2020.
The complaint alleged violations of the First, Fourth, and Fifth Amendments, and that the defendants' actions constituted a public nuisance. The First Amendment charge argued that the federal government took these actions to discourage protests against racial inequality, therefore violating residents' freedom of expression. The Fourth Amendment charge accused the agencies of unreasonable seizures, alleging that in at least one case the agents did not have a warrant to arrest a man. The Fifth Amendment complaint argued that these actions also represented a deprivation of liberty without due process of law. Finally, the public nuisance allegation claimed that the federal agencies unreasonably interfered with the public's right to safety, peace, comfort, and convenience. The State of Oregon sought declaratory relief and injunctive relief in the form of a permanent injunction that would bar defendants from these tactics and also requiring that they identify themselves and their agency, explain to detainees why they were being arrested, and refrain from arresting people without probable cause or a warrant.
The case was assigned to Judge Marco A. Hernandez, but then reassigned to Judge Michael M. Mosman.
Three days later, the State of Oregon submitted a motion for a temporary restraining order (TRO), requesting that the court enjoin the defendants from detaining individuals without a warrant, to mandate that defendants identify themselves and their agencies, and to explain to any detainee why they were being arrested. The defendants filed a memo in opposition, arguing that the State did not have standing. They also argued that the plaintiff was unlikely to succeed on the merits, would not suffer irreparable harm, and that the balance of equities and public interest was not in the plaintiff's favor.
On July 24, Judge Mosman denied the plaintiff's motion for a temporary restraining order because the State of Oregon lacked standing to succeed in the lawsuit. 2020 WL 4253209. In order to for the State of Oregon to have standing to sue on behalf of its citizens under the parens patriae doctrine, the State of Oregon needed to make a very particularized showing, but Judge Mosman found that the State of Oregon had failed to articulate a distinct interest from the interests of private parties and that the State was more than a nominal party. In additional, Judge Mosman found that even if the State had parens patriae standing, there was not enough evidence that unlawful seizures were likely to continue in the future and thus, the State still had not met its burden to show it had standing for injunctive relief.
That same day, the City of Portland filed a motion requesting to appear and participate as amicus curiae. That motion was granted on July 27.
On September 16, 2020, the State of Oregon voluntarily dismissed the case, as the federal agents had stopped engaging in the allegedly illegal behavior. The case is now closed.
Summary Authors
Jack Hibbard (10/7/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17361877/parties/rosenblum-v-john-does-1-10/
Mosman, Michael W. (Oregon)
Lippold, Steven M (Oregon)
Potter, Sheila (Oregon)
Rosenblum, Ellen F. (Oregon)
Berman, Keri L. (District of Columbia)
Davis, Ethan P. (District of Columbia)
Haas, Alexander K (District of Columbia)
Hall, Jeffrey A (District of Columbia)
Morrell, David Michael (District of Columbia)
Rosenberg, Brad P. (District of Columbia)
Mosman, Michael W. (Oregon)
Lippold, Steven M (Oregon)
Potter, Sheila (Oregon)
Rosenblum, Ellen F. (Oregon)
Berman, Keri L. (District of Columbia)
Davis, Ethan P. (District of Columbia)
Haas, Alexander K (District of Columbia)
Hall, Jeffrey A (District of Columbia)
Morrell, David Michael (District of Columbia)
Rosenberg, Brad P. (District of Columbia)
Von Bokern, Jordan L (District of Columbia)
Warden, Andrew Irwin (District of Columbia)
Williams, Billy J (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/17361877/rosenblum-v-john-does-1-10/
Last updated May 11, 2022, 8 p.m.
State / Territory: Oregon
Case Type(s):
Special Collection(s):
Litigation Against Federal Police (2020)
Key Dates
Filing Date: July 17, 2020
Closing Date: Sept. 16, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
State of Oregon through AG Ellen Rosenblum
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
United States Department of Homeland Security, Federal
U.S. Customs and Border Protection, Federal
United States Marshals Service, Federal
Federal Protective Service, Federal
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Availably Documents:
Outcome
Prevailing Party: Plaintiff
Source of Relief:
Form of Settlement:
Issues
General: