Case: Rosenblum v. John Does 1-10

3:20-cv-01161 | U.S. District Court for the District of Oregon

Filed Date: July 17, 2020

Closed Date: Sept. 16, 2020

Clearinghouse coding complete

Case Summary

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 Portlan…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17361877/parties/rosenblum-v-john-does-1-10/


Judge(s)

Mosman, Michael W. (Oregon)

Attorneys(s) for Plaintiff

Lippold, Steven M (Oregon)

Potter, Sheila (Oregon)

Rosenblum, Ellen F. (Oregon)

Attorneys(s) for Defendant

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)

Judge(s)

Mosman, Michael W. (Oregon)

Attorneys(s) for Plaintiff

Lippold, Steven M (Oregon)

Potter, Sheila (Oregon)

Rosenblum, Ellen F. (Oregon)

Attorneys(s) for Defendant

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)

Documents in the Clearinghouse

Document

Docket

Sept. 16, 2020 Docket
1

Complaint

July 17, 2020 Pleading / Motion / Brief
5

Motion for Temporary Restraining Order

July 20, 2020 Pleading / Motion / Brief
7, 8, 9, 10 & 11

[Declarations in Support of Plaintiffs' Motion for Temporary Restraining Order]

July 20, 2020 Declaration/Affidavit
15

Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

July 22, 2020 Pleading / Motion / Brief
23

Opinion and Order

474 F.Supp.3d 1128, 2020 WL 4253209

July 24, 2020 Order/Opinion
28

Plaintiff's Notice of Voluntary Dismissal

Sept. 16, 2020 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17361877/rosenblum-v-john-does-1-10/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7002755 Jury Trial Requested: No. Filed by Ellen F Rosenblum against FEDERAL PROTECTIVE SERVICE, John Does 1-10, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, United States Customs and Border Protection Service, United States Marshals Service (Attachments: # 1 Attachment Declaration or Mark Pettibone, # 2 Proposed Summons United States Department of Homeland Security, # 3 Proposed Summons United States Customs and Border Protection, # 4 Proposed Summons United States Marshals Service, # 5 Proposed Summons Federal Protective Service, # 6 Civil Cover Sheet Civil Cover Sheet). (Potter, Sheila) (Entered: 07/17/2020)

1 Attachment Declaration or Mark Pettibone

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2 Proposed Summons United States Department of Homeland Security

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3 Proposed Summons United States Customs and Border Protection

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4 Proposed Summons United States Marshals Service

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5 Proposed Summons Federal Protective Service

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6 Civil Cover Sheet Civil Cover Sheet

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July 17, 2020 RECAP
2

Notice of Case Assignment to Judge Marco A. Hernandez 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 11/17/2020. Joint Alternate Dispute Resolution Report is due by 12/17/2020. Pretrial Order is due by 12/17/2020. Ordered by Judge Marco A. Hernandez. (ecp) (Entered: 07/20/2020)

July 20, 2020 RECAP
3

Summons Issued Electronically as to Federal Protective Service, United States Customs and Border Protection Service, United States Department of Homeland Security, 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. (Attachments: # 1 issued summons, # 2 issued summons, # 3 issued summons) (ecp) (Entered: 07/20/2020)

1 issued summons

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2 issued summons

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3 issued summons

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July 20, 2020 PACER
4

Notice of Case Reassignment: This case has been reassigned from Judge Marco A. Hernandez to Judge Michael W. Mosman. (eo) (Entered: 07/20/2020)

July 20, 2020 RECAP
5

Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by Ellen Rosenblum. (Potter, Sheila) (Entered: 07/20/2020)

July 20, 2020 RECAP
6

Declaration of Sheila Potter . Filed by Ellen Rosenblum. (Related document(s): Motion for Temporary Restraining Order 5 .) (Attachments: # 1 Exhibit 1 of 7, # 2 Exhibit 2 of 7, # 3 Exhibit 3 of 7, # 4 Exhibit 4 of 7, # 5 Exhibit 5 of 7, # 6 Exhibit 6 of 7, # 7 Exhibit 7 of 7) (Potter, Sheila) (Entered: 07/20/2020)

1 Exhibit 1 of 7

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2 Exhibit 2 of 7

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3 Exhibit 3 of 7

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4 Exhibit 4 of 7

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5 Exhibit 5 of 7

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6 Exhibit 6 of 7

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7 Exhibit 7 of 7

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July 20, 2020 RECAP
7

Declaration of Mark Pettibone in Support of Rosenblum's Motion for a Temporary Restraining Order and Preliminary Injunction. Filed by Ellen Rosenblum. (Related document(s): Motion for Temporary Restraining Order 5 .) (Potter, Sheila) (Entered: 07/20/2020)

July 20, 2020 RECAP
8

Declaration of Jennifer Arnold . Filed by Ellen Rosenblum. (Related document(s): Motion for Temporary Restraining Order 5 .) (Potter, Sheila) (Entered: 07/20/2020)

July 20, 2020 RECAP
9

Declaration of Terri Preeg Riggsby . Filed by Ellen Rosenblum. (Related document(s): Motion for Temporary Restraining Order 5 .) (Potter, Sheila) (Entered: 07/20/2020)

July 20, 2020 RECAP
10

Declaration of Tiffany L. Chapman . Filed by Ellen Rosenblum. (Related document(s): Motion for Temporary Restraining Order 5 .) (Potter, Sheila) (Entered: 07/20/2020)

July 20, 2020 RECAP
11

Declaration of Stephanie Debner . Filed by Ellen Rosenblum. (Related document(s): Motion for Temporary Restraining Order 5 .) (Lippold, Steven) (Entered: 07/21/2020)

July 21, 2020 RECAP
12

Notice re Motion for Temporary Restraining Order 5 Withdrawing Evidence in Support of Motion for Temporary Restraining Order Filed by Ellen Rosenblum. (Related document(s): Motion for Temporary Restraining Order 5 .) (Lippold, Steven) (Entered: 07/21/2020)

July 21, 2020 RECAP
13

Scheduling Order by Judge Michael W. Mosman regarding Motion for Temporary Restraining Order 5 . Oral Argument is set for 7/22/2020 at 09:00AM-11:00AM in Portland by videoconference before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms) (Entered: 07/21/2020)

July 21, 2020 PACER

1 - Scheduling

July 21, 2020 PACER
14

Notice of Appearance of Andrew Warden appearing on behalf of Federal Protective Service, John Does 1-10, United States Customs and Border Protection Service, United States Department of Homeland Security, United States Marshals Service Filed by on behalf of Federal Protective Service, John Does 1-10, United States Customs and Border Protection Service, United States Department of Homeland Security, United States Marshals Service. (Warden, Andrew) (Entered: 07/22/2020)

July 22, 2020 PACER
15

Memorandum in Opposition to Motion for Temporary Restraining Order 5 . Filed by Federal Protective Service, John Does 1-10, United States Customs and Border Protection Service, United States Department of Homeland Security, United States Marshals Service. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Warden, Andrew) (Entered: 07/22/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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July 22, 2020 RECAP
16

Notice of Appearance of David M Morrell appearing on behalf of Federal Protective Service, United States Customs and Border Protection Service, United States Department of Homeland Security, United States Marshals Service. Filed by on behalf of Federal Protective Service, United States Customs and Border Protection Service, United States Department of Homeland Security, United States Marshals Service. (eo) (Entered: 07/22/2020)

July 22, 2020 RECAP
17

MINUTES of Proceedings: Temporary Restraining Order Hearing held, regarding Motion for Temporary Restraining Order 5 . Formal Order to follow. Steven M. Lippold and Sheila H. Potter present as counsel for plaintiff(s). David Morrell and Andrew Warden present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (dls) (Entered: 07/22/2020)

July 22, 2020 PACER
18

Proof of Service Return of Service Executed as to Federal Protective Service served on 7/20/2020, answer due on 9/18/2020. Service specifically made upon Local U.S. Attorney. (Potter, Sheila) (Entered: 07/22/2020)

July 22, 2020 RECAP
19

Proof of Service Return of Service Executed as to United States Marshals Service served on 7/20/2020, answer due on 9/18/2020. Service specifically made upon Local U.S. Attorney. (Potter, Sheila) (Entered: 07/22/2020)

July 22, 2020 RECAP
20

Proof of Service Return of Service Executed as to United States Customs and Border Protection Service served on 7/20/2020, answer due on 9/18/2020. Service specifically made upon Local U.S. Attorney. (Potter, Sheila) (Entered: 07/22/2020)

July 22, 2020 RECAP
21

Proof of Service Return of Service Executed as to United States Department of Homeland Security served on 7/20/2020, answer due on 9/18/2020. Service specifically made upon Local U.S. Attorney. (Potter, Sheila) (Entered: 07/22/2020)

July 22, 2020 RECAP
22

Proof of Certified Mailing Return of Service Unexecuted as to Federal Protective Service, United States Customs and Border Protection Service, United States Department of Homeland Security, United States Marshals Service. (Potter, Sheila) (Entered: 07/22/2020)

July 22, 2020 PACER

Motion Hearing Held AND Order on Motion for Temporary Restraining Order

July 22, 2020 PACER
23

OPINION & ORDER: Plaintiffs Motion for a Temporary Restraining Order(# 5 ) is DENIED. (See attached Opinion & Order.) Signed on July 24, 2020 by Judge Michael W. Mosman. (eo) PDF replaced on 7/24/2020 (eo). (Entered: 07/24/2020)

July 24, 2020 RECAP
24

Unopposed Motion to Appear as Amicus Curiae and Memorandum in Support Thereof. Filed by City of Portland, Oregon. (Vannier, Denis) (Entered: 07/24/2020)

July 24, 2020 RECAP
25

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding # 23 Opinion & Order. A Clerical error has been discovered in the case record: The attached PDF contained minor typographical errors. The following corrections were made to the record: A PDF that corrects these minor typographical errors has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (eo) (Entered: 07/24/2020)

July 24, 2020 PACER

Correction of the Record

July 24, 2020 PACER
26

ORDER: : The City of Portland's Unopposed Motion to Appear as Amicus Curiae 24 is GRANTED. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/27/2020)

July 27, 2020 PACER

Order on Motion to Appear as Amicus Curiae

July 27, 2020 PACER
27

Notice of Attorney Withdrawal: David Morrell Filed by Federal Protective Service, John Does 1-10, United States Customs and Border Protection Service, United States Department of Homeland Security, United States Marshals Service. (Warden, Andrew) (Entered: 09/11/2020)

Sept. 11, 2020 RECAP
28

Notice of Voluntary Dismissal Filed by Ellen Rosenblum. (Potter, Sheila) (Entered: 09/16/2020)

Sept. 16, 2020 RECAP

State / Territory: Oregon

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

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):

State Plaintiff

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):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Petitions clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General:

Over/Unlawful Detention