Case: Wise v. Portland

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

Filed Date: July 24, 2020

Case Ongoing

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 the protests that followed the police killing of George Floyd in May of 2020. After Mr. Floyd's killing protests broke out across the country condemning what happened to Mr. Floyd, police brutality, and racial inequality more generally. While the protests were mostly peaceful, ther…

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 the protests that followed the police killing of George Floyd in May of 2020. After Mr. Floyd's killing protests broke out across the country condemning what happened to Mr. Floyd, police brutality, and racial inequality more generally. While the protests were mostly peaceful, there was some violence and property destruction at certain protests. By mid-July, President Trump deployed federal law enforcement against protesters in Portland, threatening to do the same in other cities as well. These law enforcement agents had neither their own names nor agency names attached to their uniforms.

The four plaintiffs in this case were all individuals with medical training who were using that training to assist people injured during the protests. 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 engaging in behavior that violated the First Amendment by having a "chilling effect" on the plaintiffs' speech. Furthermore, they alleged that the defendants' use of chemical weapons, semi-lethal projectiles, and riot batons against peaceful protesters represented 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. They 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, the federal defendants announced an intention to reduce their presence in Portland. Shortly after, the plaintiffs filed withdrew their motion.

On August 21, the plaintiffs submitted a second motion for a temporary restraining order 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 issued her ruling. 2020 WL 5231486. She denied the motion, finding that the the plaintiffs did not allege sufficient facts and legal support to warrant specialized treatment for protest medics. She also held that the TRO was unworkable in practice, given the chaotic circumstances of the protests and that the line between protest medic and protester was not sufficiently clear.

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. But the court's opinion did not extend beyond the plaintiffs' claims for equitable relief; their Bivens action for damages was not at issue. First, regarding standing, the court held that plaintiffs lacked standing to pursue prospective relief because they did not plead facts showing that the harm (intentional targeting and retaliation of protest medics at the hands of federal defendants) was certainly impending, or that there was a substantial risk the harm would occur. Second, even if the plaintiffs did have standing, changed circumstances rendered plaintiffs' equitable claims moot. Plaintiffs' equitable claims were based largely on the public statements of Trump Administration officials, but those claims were mooted by the election of President Joe Biden.

Plaintiffs responded the May 15 dismissal by filing an amended complaint of November 5. They removed John Doe officers rom the Portland Police Bureau, DHS, the U.S. Marshal service, and John Doe officers from the federal government. But it added a detective with the Portland Police Bureau. Plaintiffs also removed their claims against the federal defendants.

This case is on-going as of May 1, 2022.

Summary Authors

Jack Hibbard (10/8/2020)

Jordan Katz (5/1/2022)

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)

Attorneys(s) for Plaintiff

Grannum, Shane (District of Columbia)

Isaak, Misha A.D. (Oregon)

Johnson, Thomas R. (Oregon)

Mahmood, Sarah (District of Columbia)

Morales, Nathan R (Oregon)

Peck, Courtney (Oregon)

Simon, Kelly K. (Oregon)

Watterson, Zachary (California)

Judge(s)

Immergut, Karin Johanna (Oregon)

Attorneys(s) for Plaintiff

Grannum, Shane (District of Columbia)

Isaak, Misha A.D. (Oregon)

Johnson, Thomas R. (Oregon)

Mahmood, Sarah (District of Columbia)

Morales, Nathan R (Oregon)

Peck, Courtney (Oregon)

Simon, Kelly K. (Oregon)

Watterson, Zachary (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 25, 2020 Docket
1

Complaint

July 22, 2020 Complaint
35

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 Pleading / Motion / Brief
49

Opinion and Order

Wise v. City of Portland

483 F.Supp.3d 956, 2020 WL 5231486

Sept. 2, 2020 Order/Opinion
88

Opinion and Order: Motion to Dismiss for Lack of Jurisdiction

May 15, 2021 Order/Opinion
111

Amended Complaint

Nov. 5, 2021 Complaint

Resources

Title Description External URL

ACLU Sues Feds, Portland Police for Attacking Medics at Protests

ACLU Oregon

Multiple volunteer street medics are suing the Department of Homeland Security, U.S. Marshals Service, and the City of Portland for targeting and attacking them at Portland protests against police br… July 22, 2020 https://aclu-or.org/en/press-releases/aclu-sues-feds-portland-police-attacking-medics-protests

Docket

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

Last updated May 16, 2022, 8 p.m.

ECF Number Description 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 RECAP
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 PACER
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 PACER
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 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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER

1 - Scheduling

July 26, 2020 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 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 PACER
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 PACER
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 PACER
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 PACER
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 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 PACER

1 - Scheduling

July 30, 2020 PACER
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 PACER

1 - Scheduling

Aug. 2, 2020 PACER
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 PACER
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 PACER

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 PACER

Clerk's Review of Pro Hac Vice Motion

Aug. 7, 2020 PACER
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 PACER
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 PACER

Leave to Appear Pro Hac Vice

Aug. 10, 2020 PACER

Leave to Appear Pro Hac Vice

Aug. 10, 2020 PACER
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 PACER
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 PACER
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 PACER
32

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

Aug. 19, 2020 PACER
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 PACER
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 PACER

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

Aug. 20, 2020 PACER
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 RECAP
36

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 PACER
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 PACER
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 PACER
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 PACER
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 PACER

1 - Scheduling

Aug. 22, 2020 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER

Motion Hearing Held

Sept. 1, 2020 PACER
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 RECAP
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 PACER
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 PACER
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 PACER

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

Sept. 25, 2020 PACER
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 PACER
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 PACER
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 RECAP
56

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 PACER

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

Oct. 19, 2020 PACER
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 PACER
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 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 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 PACER

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

Oct. 30, 2020 PACER
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 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 PACER
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 PACER

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

Dec. 1, 2020 PACER
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 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 PACER
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 PACER
67

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

Jan. 22, 2021 PACER

1 - Scheduling

Jan. 23, 2021 PACER
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 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 PACER

Order on Motion for Extension of Time

Feb. 2, 2021 PACER
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 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 PACER
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 PACER
73

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

March 11, 2021 PACER
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 PACER

Order on Motion for Extension of Time

March 11, 2021 PACER
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 PACER
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 PACER

Order on Motion for Extension of Time

March 22, 2021 PACER
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 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 PACER
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 PACER
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 PACER
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 PACER

1 - Scheduling

April 13, 2021 PACER

State / Territory: Oregon

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Key Dates

Filing Date: July 24, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four medics administering aid during protests in Portland, OR.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Portland (Portland), City

Portland Police Bureau (Portland), City

United States Department of Homeland Security, Federal

United States Marshals Service, Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

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):

Petitions clause

Unreasonable search and seizure

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Aggressive behavior

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Over/Unlawful Detention

Pepper/OC spray

Restraints : chemical

Restraints : physical