Case: Wise v. Portland

3:20-cv-01193 | U.S. District Court for the District of Oregon

Filed Date: July 24, 2020

Closed Date: Dec. 28, 2022

Clearinghouse coding complete

Case Summary

This lawsuit was filed on July 22, 2020 in the U.S. District Court for the District of Oregon by four individual plaintiffs represented by the ACLU Foundation of Oregon and private counsel. The complaint arose out of protests following the murder of George Floyd in May 2020. In mid-July, responding to alleged violence and property destruction, President Trump deployed federal law enforcement forces against protestors in Portland, and threatened to do the same in other cities. Plaintiffs claimed…

This lawsuit was filed on July 22, 2020 in the U.S. District Court for the District of Oregon by four individual plaintiffs represented by the ACLU Foundation of Oregon and private counsel. The complaint arose out of protests following the murder of George Floyd in May 2020. In mid-July, responding to alleged violence and property destruction, President Trump deployed federal law enforcement forces against protestors in Portland, and threatened to do the same in other cities. Plaintiffs claimed that these law enforcement agents, who had no individual or agency identification, engaged in intentional targeting of and retaliation against protest medics.

The four plaintiffs in this case were all individuals with medical training who were assisting injured protestors. They brought suit against the City of Portland, one named Portland police officer, sixty unnamed Portland police officers, the Department of Homeland Security (DHS), the U.S. Marshals Service, and forty unnamed federal law enforcement agents. The plaintiffs alleged that the defendants were violating the First Amendment by chilling the plaintiffs' speech. Furthermore, they alleged that the defendants’ use of chemical weapons, semi-lethal projectiles, and riot batons against peaceful protesters constituted excessive use of force in violation of the Fourth Amendment. Finally, the complaint asserts that the federal defendants were acting arbitrarily and capriciously in using anti-protest tactics, thereby violating the Administrative Procedure Act. Plaintiffs sought injunctive relief and declaratory relief. They also sought compensatory and punitive damages, and attorney's fees and costs. Two days after filing the complaint, the plaintiffs filed a motion for a temporary restraining order against the federal and municipal defendants. The case was assigned to Judge Karin J. Immergut.

Before the court held a hearing on the motion for a temporary restraining order (TRO), the federal defendants announced an intention to reduce their presence in Portland. Shortly after, the plaintiffs withdrew their motion.

On August 21, the plaintiffs submitted a second motion for a TRO against the municipal defendants and order to show cause as to why a preliminary injunction should not be entered against the municipal defendants. On September 2, 2020, Judge Immergut denied the motion, finding that plaintiffs did not allege sufficient facts and legal support to warrant specialized treatment for protest medics. 2020 WL 5231486. She also held that the TRO was unworkable in practice, given the chaotic circumstances of protests and the unclear line between protest medics and protesters.

On May 15, 2021, Judge Immergut dismissed plaintiffs’ claim for equitable relief against federal defendants sued in their official capacity. 539 F.Supp.3d 1132. The court held that it lacked jurisdiction to hear these claims for lack of standing and mootness. Plaintiffs lacked standing to pursue prospective relief because they did not plead facts showing that the harm was certainly impending, or that there was substantial risk the harm would occur in the future. Even if the plaintiffs did have standing, the reduction of federal presence in Portland and shift in presidential administration rendered plaintiffs’ equitable relief claims moot. The court's opinion did not extend beyond plaintiffs’ claims for equitable relief; their Bivens action for damages was not at issue.

Plaintiffs responded to the May 15 dismissal by filing an amended complaint on November 5, 2021. They removed the John Doe officers from the Portland Police Bureau, but added a named detective with the Portland Police Bureau. Plaintiffs also removed their claims against the federal defendants.

On December 28, 2022, the plaintiffs voluntarily dismissed all claims included in the amended complaint with prejudice. There is no publicly available reason for this dismissal. As of October 26, 2025, there have been no further updates to this case.

Summary Authors

Jack Hibbard (10/8/2020)

Jordan Katz (5/1/2022)

Om Shah (10/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17372822/parties/wise-v-city-of-portland/


Judge(s)

Immergut, Karin Johanna (Oregon)

Attorney for Plaintiff

Grannum, Shane (District of Columbia)

Attorney for Defendant

Berman, Keri Lane (Oregon)

Caldwell, Carey (Oregon)

Hall, Jeffrey Aaron (Oregon)

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Documents in the Clearinghouse

Document

3:20-cv-01193

Civil Docket for Case #: 3:20-cv-01193-IM

Sept. 25, 2020

Sept. 25, 2020

Docket
1

3:20-cv-01193

Complaint

July 22, 2020

July 22, 2020

Complaint
35

3:20-cv-01193

Plaintiffs' Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should not Enter Against Municipal Defendants; Memorandum of Law in Support Thereof

Wise v. City of Portland

Aug. 21, 2020

Aug. 21, 2020

Pleading / Motion / Brief
49

3:20-cv-01193

Opinion and Order

Wise v. City of Portland

Sept. 2, 2020

Sept. 2, 2020

Order/Opinion

483 F.Supp.3d 956

88

3:20-cv-01193

Opinion and Order

Wise v. City of Portland

May 15, 2021

May 15, 2021

Order/Opinion

539 F.Supp.3d 1132

111

3:20-cv-01193

First Amended Complaint Demand for Jury Trial

Wise v. City of Portland

Nov. 5, 2021

Nov. 5, 2021

Complaint
138

3:20-cv-01193

Stipulation of Dismissal

Wise v. City of Portland

Dec. 28, 2022

Dec. 28, 2022

Settlement Agreement
138

3:20-cv-01193

Stipulation of Dismissal

Wise v. City of Portland

Dec. 28, 2022

Dec. 28, 2022

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17372822/wise-v-city-of-portland/

Last updated March 4, 2026, 2:49 p.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7018610 Jury Trial Requested: Yes. Filed by Michael Martinez, Christopher Wise, Christopher Durkee, Savannah Guest against All Plaintiffs (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons City of Portland, # 3 Proposed Summons Officer Stephen B. Pettey, # 4 Proposed Summons John Does 1-60, # 5 Proposed Summons U.S. Department of Homeland Security, # 6 Proposed Summons U.S. Marshals Service, # 7 Proposed Summons John Does 61-100). (Peck, Courtney) (Entered: 07/22/2020)

1 Civil Cover Sheet

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2 Proposed Summons City of Portland

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3 Proposed Summons Officer Stephen B. Pettey

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4 Proposed Summons John Does 1-60

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5 Proposed Summons U.S. Department of Homeland Security

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6 Proposed Summons U.S. Marshals Service

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7 Proposed Summons John Does 61-100

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July 22, 2020

July 22, 2020

Clearinghouse
2

Notice of Case Assignment to Judge Karin J. Immergut 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 Judge Karin J. Immergut. (joha) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

3

Summons Issued Electronically as to City of Portland, Stephen B. Pettey, 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. (joha) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

4

Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Morales, Nathan) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

RECAP
5

Declaration of Christopher Durkee in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 4 .) (Morales, Nathan) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

6

Declaration of Christopher Wise in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 4 .) (Morales, Nathan) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

7

Declaration of Dr. Catherine Morgans in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 4 .) (Morales, Nathan) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

8

Declaration of Jeffrey Paul in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 4 .) (Morales, Nathan) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

9

Declaration of Michael Martinez in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 4 .) (Morales, Nathan) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

10

Declaration of Peyton Dully Hubbard in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 4 .) (Morales, Nathan) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

11

Declaration of Savannah Guest in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 4 .) (Morales, Nathan) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

12

Scheduling Order by Judge Karin J. Immergut. Defendants are required to respond to plaintiffs' Motion for Temporary Restraining Order 4 by Tuesday, July 28, 2020 at 5:00 p.m. Any reply from Plaintiffs must be filed by Wednesday, July 29, 2020 by 5:00 p.m. Oral Argument is set for Thursday, July 30, 2020 at 1:30 p.m. in Portland by videoconference before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy) (Entered: 07/25/2020)

July 25, 2020

July 25, 2020

1 - Scheduling

July 26, 2020

July 26, 2020

13

Return of Service Executed as to U.S. Department of Homeland Security served on 7/27/2020, answer due on 9/25/2020. Service specifically made upon Local U.S. Attorney. (Peck, Courtney) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

14

Return of Service Executed as to U.S. Marshals Service served on 7/27/2020, answer due on 9/25/2020. Service specifically made upon Local U.S. Attorney. (Peck, Courtney) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

15

Declaration of Nathan Cohen in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 4 .) (Peck, Courtney) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

16

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: 07/28/2020)

July 28, 2020

July 28, 2020

17

Memorandum in Opposition to Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter 4 . 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: 07/28/2020)

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 28, 2020

July 28, 2020

RECAP
18

Response to Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter 4 Oral Argument requested. Filed by City of Portland, Stephen B. Pettey. (Manlove, William) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

19

Declaration of Craig Dobson . Filed by City of Portland, Stephen B. Pettey. (Related document(s): Response to Motion 18 .) (Manlove, William) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

20

Notice of Appearance of Robert T. Yamachika appearing on behalf of City of Portland, Stephen B. Pettey Filed by on behalf of City of Portland, Stephen B. Pettey. (Yamachika, Robert) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

21

Proof of Service Return of Service Executed as to Stephen B. Pettey served on 7/29/2020, answer due on 8/19/2020. (Peck, Courtney) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

22

Unopposed Notice re Motion for Temporary Restraining Order 4 Deferral Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 4 .) (Peck, Courtney) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

RECAP
23

Order by Judge Karin J. Immergut. Unopposed Notice 22 of Deferral of Plaintiff's Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter is GRANTED. Plaintiffs' Reply in Support of their Motion will be filed by noon on Sunday, August 2, 2020. The hearing on Plaintiffs' Motion is rescheduled for 8/3/2020 at 2:00PM. The parties shall inform the Court no later than noon on Sunday, August 2, 2020 if a hearing is no longer required. The previous hearing date of 7/30/2020 is VACATED. Ordered by Judge Karin J. Immergut. (jy) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

1 - Scheduling

July 30, 2020

July 30, 2020

24

Order by Judge Karin J. Immergut. By email dated 8/2/20202, Plaintiffs seek to withdraw their motion for temporary restraining order as to both the Federal and Municipal Defendants, without prejudice to their right to seek emergency relief as necessary in the future. The Court GRANTS Plaintiffs' request to withdraw and VACATES the hearing scheduled for 8/3/2020. Ordered by Judge Karin J. Immergut. (jy) (Entered: 08/02/2020)

Aug. 2, 2020

Aug. 2, 2020

1 - Scheduling

Aug. 2, 2020

Aug. 2, 2020

25

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Shane A. Grannum. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7080703. Filed by All Plaintiffs. (Grannum, Shane) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

26

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Zachary Tyler Watterson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7080717. Filed by All Plaintiffs. (Watterson, Zachary) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Zachary Tyler Watterson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7080717 26, and Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Shane A. Grannum. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7080703 25 : Both Reviewed and Ready for Ruling. (sss)

Aug. 7, 2020

Aug. 7, 2020

Clerk's Review of Pro Hac Vice Motion

Aug. 7, 2020

Aug. 7, 2020

27

ORDER: Granting Motion for Leave to Appear Pro Hac Vice by attorney Shane A. Grannum 25 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 08/09/2020)

Aug. 9, 2020

Aug. 9, 2020

28

ORDER: Granting Motion for Leave to Appear Pro Hac Vice by attorney Zachary Tyler Watterson 26 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 08/09/2020)

Aug. 9, 2020

Aug. 9, 2020

Leave to Appear Pro Hac Vice

Aug. 10, 2020

Aug. 10, 2020

Leave to Appear Pro Hac Vice

Aug. 10, 2020

Aug. 10, 2020

29

Proof of Certified Mailing Return of Service Unexecuted as to U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: # 1 Attachment 1 - Receipts for U.S. Dept. of Homeland Security - Summons and Complaint, # 2 Attachment 2 - Receipts for U.S. Dept. of Homeland Security - TRO and Supporting Declarations, # 3 Attachment 3 - Receipts for U.S. Marshals - Summons and Complaint, # 4 Attachment 4 - Receipts for U.S. Marshals - TRO and Supporting Declarations) (Peck, Courtney) (Entered: 08/17/2020)

1 Attachment 1 - Receipts for U.S. Dept. of Homeland Security - Summons and Compla

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2 Attachment 2 - Receipts for U.S. Dept. of Homeland Security - TRO and Supporting

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3 Attachment 3 - Receipts for U.S. Marshals - Summons and Complaint

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4 Attachment 4 - Receipts for U.S. Marshals - TRO and Supporting Declarations

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Aug. 17, 2020

Aug. 17, 2020

30

Proof of Certified Mailing Return of Service Unexecuted as to City of Portland. (Attachments: # 1 Attachment 1 - Receipt for City of Portland - Summons, Waiver, Complaint, TRO, and Supporting Declarations) (Peck, Courtney) (Entered: 08/17/2020)

1 Attachment 1 - Receipt for City of Portland - Summons, Waiver, Complaint, TRO, a

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Aug. 17, 2020

Aug. 17, 2020

31

Waiver of Service of Summons Returned Executed by City of Portland waiver sent on 8/17/2020. Filed by All Plaintiffs. (Peck, Courtney) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

32

Unopposed Motion for Extension of Time to Answer . Filed by Stephen B. Pettey. (Manlove, William) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

33

Declaration of William W. Manlove . Filed by Stephen B. Pettey. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 32 .) (Manlove, William) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

34

ORDER: Defendant Officer Stephen B. Pettey's Motion for Extension of Time to Answer 32 is GRANTED. Defendant's first response to Plaintiffs' Complaint is now due on October 16, 2020. Ordered by Judge Karin J. Immergut. (jy) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

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

Aug. 20, 2020

Aug. 20, 2020

35

Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter Against Municipal Defendants. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Morales, Nathan) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

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Declaration of Jiri Rivera in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 35 .) (Morales, Nathan) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

37

Declaration of Jessica Shifflett in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 35 .) (Morales, Nathan) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

38

Supplemental Declaration of Christopher Wise in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 35 .) (Morales, Nathan) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

39

Supplemental Declaration of Michael Martinez in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 35 .) (Morales, Nathan) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

40

Scheduling Order by Judge Karin J. Immergut regarding Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter Against Municipal Defendants 35 . Defendants' Response is due by Wednesday, 8/26/20 at 5:00 PM (Pacific). Plaintiffs' reply is due by Friday, 8/28/2020 at 5:00 PM (Pacific). Oral Argument is set for 9/1/2020 at 10:00AM (Pacific) in Portland by videoconference before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

1 - Scheduling

Aug. 22, 2020

Aug. 22, 2020

41

Supplemental Declaration of Peyton Dully Hubbard in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 35 .) (Peck, Courtney) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

42

Response to Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter Against Municipal Defendants 35 Oral Argument requested. Filed by City of Portland, Stephen B. Pettey. (Manlove, William) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

43

Supplemental Declaration of Craig Dobson . Filed by City of Portland, Stephen B. Pettey. (Related document(s): Response to Motion, 42 .) (Attachments: # 1 Exhibit 1) (Manlove, William) (Entered: 08/26/2020)

1 Exhibit 1

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Aug. 26, 2020

Aug. 26, 2020

44

Reply to Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter Against Municipal Defendants 35 Oral Argument requested. Filed by All Plaintiffs. (Peck, Courtney) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

45

Declaration of Dustin Chilton in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 35 .) (Peck, Courtney) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

46

Supplemental Declaration of Jiri Rivera in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 35 .) (Peck, Courtney) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

47

Notice of Appearance of Jeffrey Aaron Hall 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. (Hall, Jeffrey) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

48

MINUTES of Proceedings: Hearing on Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter Against Municipal Defendants 35 Held. Ryan Peck, Kelly K. Simon, Misha Isaak, and Nathan R. Morales present as counsel for plaintiff(s). Robert T. Yamachika, William W. Manlove, III, and Jeffrey Aaron Hall present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (jy) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

Motion Hearing Held

Sept. 1, 2020

Sept. 1, 2020

49

Opinion and Order. Plaintiffs' Motion for a Temporary Restraining Order, ECF 35, is DENIED. IT IS SO ORDERED. See attached order for details. Signed on 9/2/20 by Judge Karin J. Immergut. (jy) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

Clearinghouse
50

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on September 1, 2020, before Judge Karin J. Immergut, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@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 at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/16/2020. Redaction Request due 9/30/2020. Redacted Transcript Deadline set for 10/13/2020. Release of Transcript Restriction set for 12/8/2020. (jjcr) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

51

Unopposed Motion for Extension of Time to Answer Complaint,, 1 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: # 1 Proposed Order) (Hall, Jeffrey) (Entered: 09/24/2020)

1 Proposed Order

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Sept. 24, 2020

Sept. 24, 2020

52

ORDER: Federal Defendants' Unopposed Motion for an Extension of Time to Answer or Otherwise Respond to the Complaint 51 is GRANTED. Federal Defendants' first response to Plaintiffs' Complaint is now due on October 16, 2020. Ordered by Judge Karin J. Immergut. (jy) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

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

Sept. 25, 2020

Sept. 25, 2020

53

Unopposed Motion for Extension of Time for Appearance. Filed by City of Portland, Stephen B. Pettey. (Manlove, William) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

54

Declaration of William W. Manlove . Filed by City of Portland, Stephen B. Pettey. (Related document(s): Motion for Extension of Time 53 .) (Manlove, William) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

55

Unopposed Motion for Extension of Time to Answer Complaint,, 1 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: # 1 Proposed Order) (Hall, Jeffrey) (Entered: 10/16/2020)

1 Proposed Order

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Oct. 16, 2020

Oct. 16, 2020

RECAP
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ORDER: Municipal Defendants' Unopposed Motion for Extension of Time 53 and Federal Defendants' Unopposed Motion for Extension of Time 55 are GRANTED. Defendants' responses are now due by October 20, 2020. Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

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

Oct. 19, 2020

Oct. 19, 2020

57

Answer to 1 Complaint,, and Affirmative Defenses. Filed by City of Portland, Stephen B. Pettey. (Manlove, William) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

58

Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Hall, Jeffrey) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

RECAP
59

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 58 . Filed by All Plaintiffs. (Morales, Nathan) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

RECAP
60

ORDER: Plaintiffs' Unopposed Motion for Extension of Time 59 is GRANTED. Plaintiffs' response to Federal Defendants' Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim 58 is now due by November 17, 2020. Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Order on Motion for Extension of Time to File Response/Reply to Motion

Oct. 30, 2020

Oct. 30, 2020

61

Response in Opposition to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 58 Oral Argument requested. Filed by All Plaintiffs. (Morales, Nathan) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

RECAP
62

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 58 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: # 1 Proposed Order) (Hall, Jeffrey) (Entered: 11/30/2020)

1 Proposed Order

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Nov. 30, 2020

Nov. 30, 2020

63

ORDER: Federal Defendants' Unopposed Motion For an Extension of Time to File a Reply 62 is GRANTED. Federal Defendants' reply is now due by December 3, 2020. Ordered by Judge Karin J. Immergut. (jy) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

Order on Motion for Extension of Time to File Response/Reply to Motion

Dec. 1, 2020

Dec. 1, 2020

64

Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 58 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Hall, Jeffrey) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

RECAP
65

Notice of Appearance of Jason C. Lynch 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. (Lynch, Jason) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

66

ORDER: The Court requests supplemental briefing on whether Plaintiffs' claims for equitable relief are now moot. Federal Defendants are instructed to file a supplemental brief, no longer than fifteen pages, by February 5, 2021. Plaintiffs may file a response, also limited to fifteen pages, by February 12, 2021. No replies are permitted. Ordered by Judge Karin J. Immergut. (jy) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

67

Notice of Attorney Withdrawal: C. Rian Peck Filed by All Plaintiffs. (Morales, Nathan) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

1 - Scheduling

Jan. 23, 2021

Jan. 23, 2021

68

Consent Motion for Extension of Time to Brief Mootness. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: # 1 Proposed Order) (Lynch, Jason) (Entered: 02/01/2021)

1 Proposed Order

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Feb. 1, 2021

Feb. 1, 2021

RECAP
69

ORDER: Federal Defendants' Consent Motion to Extend Briefing Deadlines 68 is GRANTED. Federal Defendants' supplemental brief on the question of mootness is now due by March 5, 2021. Plaintiffs' response brief is due by March 12, 2021. All briefs must be fifteen pages or less. No replies are permitted. Ordered by Judge Karin J. Immergut. (jy) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

Order on Motion for Extension of Time

Feb. 2, 2021

Feb. 2, 2021

70

Supplement as Requested by the Court's January 22, 2021, Order. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Related document(s): Scheduling, 66 .) (Attachments: # 1 Exhibit 1 - Russell Decl., # 2 Exhibit 2 - Cajigal Decl.) (Lynch, Jason) (Entered: 03/05/2021)

1 Exhibit 1 - Russell Decl.

View on PACER

2 Exhibit 2 - Cajigal Decl.

View on PACER

March 5, 2021

March 5, 2021

RECAP
71

Notice of Attorney Withdrawal: of Shane Grannum Filed by Christopher Durkee, Savannah Guest, Michael Martinez, Christopher Wise. (Morales, Nathan) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

72

Unopposed Motion for Extension of Time to File Response to Defendants' Supplemental Brief on Whether Plaintiffs' Equitable Claims Have Become Moot. Filed by All Plaintiffs. (Morales, Nathan) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

73

Notice of Attorney Withdrawal: of Sarah Mahmood and Zachary Watterson Filed by All Plaintiffs. (Morales, Nathan) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

74

ORDER: Plaintiffs' Unopposed Motion for Extension of Time to File a Response to Federal Defendants' Supplemental Brief 72 is GRANTED. Plaintiffs' response is now due by March 26, 2021. Ordered by Judge Karin J. Immergut. (jy) Modified on 3/11/2021 (jy). (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

Order on Motion for Extension of Time

March 11, 2021

March 11, 2021

75

Unopposed Motion for Extension of Time to File Response to Defendants' Supplemental Brief on Whether Plaintiffs' Equitable Claims Have Become Moot. Filed by All Plaintiffs. (Morales, Nathan) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

76

ORDER: Plaintiffs' Second Unopposed Motion for Extension of Time to File a Response to Federal Defendants' Supplemental Brief 75 is GRANTED. Plaintiffs' response is now due by April 2, 2021. Ordered by Judge Karin J. Immergut. (jy) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

Order on Motion for Extension of Time

March 22, 2021

March 22, 2021

77

Response Plaintiffs' Response to Federal Defendants' Supplemental Brief on Whether Plaintiffs' Equitable Claims Have Become Moot to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 58 . Filed by All Plaintiffs. (Johnson, Thomas) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

RECAP
78

Declaration of Chris Wise in Support of Plaintiffs' Response to Defendants' Supplemental Brief. Filed by All Plaintiffs. (Related document(s): Response to Motion, 77 .) (Johnson, Thomas) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

79

Declaration of Christopher "Kit" Durkee in Support of Plaintiffs' Response to Defendants' Supplemental Brief. Filed by All Plaintiffs. (Related document(s): Response to Motion, 77 .) (Johnson, Thomas) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

80

Declaration of Savannah Guest in Support of Plaintiffs' Response to Defendants' Supplemental Brief. Filed by All Plaintiffs. (Related document(s): Response to Motion, 77 .) (Johnson, Thomas) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

81

ORDER: The Court requests that Federal Defendants file a reply to Plaintiffs' Supplemental Brief on Mootness 77 by April 23, 2021. The reply must be ten pages or less. Ordered by Judge Karin J. Immergut. (jy) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

1 - Scheduling

April 13, 2021

April 13, 2021

Case Details

State / Territory:

Oregon

Case Type(s):

Policing

Special Collection(s):

Litigation Against Federal Police (2020)

Multi-LexSum (in sample)

Police Violence Protests

Key Dates

Filing Date: July 24, 2020

Closing Date: Dec. 28, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four medics administering aid during protests in Portland, OR.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Portland

Portland Police Bureau

Federal

United States Department of Homeland Security

United States Marshals Service

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Constitutional Clause(s):

Freedom of speech/association

Petitions Clause

Unreasonable search and seizure

Other Dockets:

District of Oregon 3:20-cv-01193

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Aggressive behavior

Failure to discipline

Failure to supervise

Failure to train

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Policing:

Excessive force

Pepper/OC Spray (policing)

Restraints : chemical (policing)

Restraints : physical (policing)