Case: Pettibone v. Trump

3:20-cv-01464 | U.S. District Court for the District of Oregon

Filed Date: Aug. 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the federal law enforcement mission “Operation Diligent Valor” directed by the Department of Homeland Security against protestors during the widespread racial justice protests in Portland, Oregon in the summer of 2020. Individual Oregon residents along with Black Millennial Movement and Rose City Justice, Inc. brought this lawsuit on August 26, 2020 in the U.S. District Court for the District of Oregon against President Donald Trump, Chad Wolf, the Department of Homeland Secu…

This case is about the federal law enforcement mission “Operation Diligent Valor” directed by the Department of Homeland Security against protestors during the widespread racial justice protests in Portland, Oregon in the summer of 2020. Individual Oregon residents along with Black Millennial Movement and Rose City Justice, Inc. brought this lawsuit on August 26, 2020 in the U.S. District Court for the District of Oregon against President Donald Trump, Chad Wolf, the Department of Homeland Security, and the U.S. Marshals Service. The plaintiffs alleged violations of the First and Fourth Amendments, as well as unlawful action exceeding authority by federal agencies under 40 U.S.C § 1315. Plaintiffs also raised claims under 42 U.S.C. §§ 1985 and 1986, alleging a conspiracy by the defendants to deprive the plaintiffs of their civil rights. Represented by the ACLU of Oregon and private counsel, the plaintiffs sought declaratory and injunctive relief, including declarations that the acts of federal law enforcement agencies were unlawful and ultra vires, as well as expungement of all records and information of unlawful arrests. Plaintiffs also sought compensatory and punitive damages to be proven at trial.

In July of 2020, the federal government deployed more than 100 federal law enforcement officers or agents in an alleged effort to quell the widespread protests against systemic racial injustice and police violence near the Mark O. Hatfield Federal Courthouse in downtown Portland, in which the plaintiffs participated. The plaintiffs alleged that heavily-armed, militarized law enforcement officials indiscriminately used excessive force against protestors and that a number of protestors were unlawfully detained or arrested by federal agents. They asserted that the defendants’ actions in support of “Operation Diligent Valor” violated their First Amendment rights to freedom of speech and peaceful assembly and their Fourth Amendment right against unreasonable search and seizure. In addition, they claimed that the actions undertaken by federal officials were not legally authorized because Chad Wolf was not properly serving as Acting Secretary of DHS under the requirement of the Homeland Security Act of 2002, the deployed officers were not properly designated, and the deployed officers acted outside of the scope of their authority by acting off federal property and making warrantless arrests, among other acts.

The case was assigned to Magistrate Judge Youlee Yim You on August 26, 2020. On January 8, 2021, the plaintiffs filed an amended complaint that, for the most part, maintained the core aspects of the original. As of February 19, 2021, the case remains pending in District Court and defendants’ motions to dismiss are due by Friday, February 26, 2021.

Summary Authors

Rachel Harrington (2/19/2021)

Kevin Decker (6/22/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17484686/parties/pettibone-v-biden-jr/


Judge(s)

You, Youlee Yim (Oregon)

Attorneys(s) for Plaintiff

Chase, Crystal S (Oregon)

Edwards, Amy (Oregon)

Goldberg, Jacob C (Oregon)

Hanchett, Todd A (Oregon)

Ho, Andrew T (Oregon)

Lee, Rachel C (California)

Mullin, Joel A (Oregon)

Ramfjord, Per A (Oregon)

Sacks, Jeremy D (Oregon)

Judge(s)

You, Youlee Yim (Oregon)

Attorneys(s) for Plaintiff

Chase, Crystal S (Oregon)

Edwards, Amy (Oregon)

Goldberg, Jacob C (Oregon)

Hanchett, Todd A (Oregon)

Ho, Andrew T (Oregon)

Lee, Rachel C (California)

Mullin, Joel A (Oregon)

Ramfjord, Per A (Oregon)

Sacks, Jeremy D (Oregon)

Simon, Kelly K. (Oregon)

Tichenor, Geoffrey B (Oregon)

Attorneys(s) for Defendant

Cutler, David G. (District of Columbia)

Greene, Glenn S. (District of Columbia)

Documents in the Clearinghouse

Document

3:20-cv-01464

Docket [PACER]

Feb. 3, 2021

Feb. 3, 2021

Docket
1

3:20-cv-01464

Complaint

Aug. 26, 2020

Aug. 26, 2020

Complaint
18

3:20-cv-01464

Amended Complaint

Jan. 8, 2021

Jan. 8, 2021

Complaint
81

3:20-cv-01464

Amended Complaint (ALL CASE TYPES)

July 14, 2021

July 14, 2021

Complaint
149

3:20-cv-01464

Opinion and Order

Dec. 27, 2021

Dec. 27, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17484686/pettibone-v-biden-jr/

Last updated June 22, 2022, 10:07 p.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7159324 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Ramfjord, Per) (Entered: 08/26/2020)

1 Civil Cover Sheet

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2 Proposed Summons

View on PACER

Aug. 26, 2020

Aug. 26, 2020

Clearinghouse
2

Notice of Case Assignment to Magistrate Judge Youlee Yim You 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 12/24/2020. Joint Alternate Dispute Resolution Report is due by 1/25/2021. Ordered by Magistrate Judge Youlee Yim You. (sb) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
3

Summons Issued Electronically as to Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. 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. (sb) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
4

Corporate Disclosure Statement of Plaintiff Black Millennial Movement. Filed by Black Millenial Movement. (Edwards, Amy) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
5

Corporate Disclosure Statement of Plaintiff Rose City Justice, Inc.. Filed by Rose City Justice, Inc.. (Edwards, Amy) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
6

Notice of Appearance of Michael Patrick Clendenen appearing on behalf of Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf Filed by on behalf of Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
7

Unopposed Motion for Extension of Time to Answer Complaint. Filed by Gabriel Russell, United States Marshals Service, Donald J. Trump, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Attachment Proposed Order) (Clendenen, Michael) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
8

Amended Motion for Extension of Time to Answer Complaint (Unopposed). Filed by Gabriel Russell, United States Marshals Service, Donald J. Trump, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Attachment Proposed Order) (Clendenen, Michael) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
9

ORDER: (Amended motion 8 is granted; motion 7 is moot). Signed on 10/26/2020 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
10

Acceptance/Acknowledgement of Service of Summons Issued, 3 on Donald J. Trump served on 11/9/2020 Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
11

Acceptance/Acknowledgement of Service of Summons Issued, 3 on Chad F. Wolf served on 11/9/2020 in his individual and official capacity Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
12

Acceptance/Acknowledgement of Service of Summons Issued, 3 on Gabriel Russell served on 11/9/2020 in his individual and official capacity Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
13

Acceptance/Acknowledgement of Service of Summons Issued, 3 on United States Department of Homeland Security served on 11/9/2020 Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
14

Acceptance/Acknowledgement of Service of Summons Issued, 3 on United States Marshals Service served on 11/9/2020 Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
15

Notice of Appearance of Glenn Greene appearing on behalf of Gabriel Russell, Chad F. Wolf, both in their individual capacities Filed by on behalf of Gabriel Russell, Chad F. Wolf. (Greene, Glenn) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
16

Notice of Appearance of David G. Cutler appearing on behalf of Gabriel Russell, Chad F. Wolf, both in their individual capacities Filed by on behalf of Gabriel Russell, Chad F. Wolf. (Cutler, David) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
17

Notice of Attorney Withdrawal: Andrew Ho Filed by All Plaintiffs. (Lee, Rachel) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

RECAP
18

Amended Complaint . Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Exhibits 1-11). (Ramfjord, Per) (Entered: 01/08/2021)

1 Exhibits 1-11

View on PACER

Jan. 8, 2021

Jan. 8, 2021

Clearinghouse
19

Joint Motion for Extension of Time and to Set Briefing Schedule for Defendants Forthcoming Motions to Dismiss the Amended Complaint. Filed by Gabriel Russell, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Cutler, David) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
20

ORDER. Signed on 1/14/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
21

Joint Motion for Extension of Time . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
22

ORDERED: that Defendants shall have until February 26, 2021, to file their respective motions to dismiss; Plaintiffs shall have until April 2, 2021, to file their responses; and Defendants shall have until April 30, 2021 to file their reply briefs; and that the Parties shall confer in accordance with Fed. R. Civ. P. 26(f) and Local Rule 26-1 no later than March 7, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) Modified text on 2/03/2021 (pvh). (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER

Order on Motion for Extension of Time

Feb. 3, 2021

Feb. 3, 2021

PACER
23

Joint Motion for Extension of Time . Filed by All Defendants. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
24

ORDER: Defendants shall have until March 5, 2021, to file their respective motions to dismiss; Plaintiffs shall have until April 9, 2021, to file their responses; and Defendants shall have until May 7, 2021 to file their reply briefs; and that the Parties shall confer in accordance with Fed. R. Civ. P. 26(f) and Local Rule 26-1 no later than March 7, 2021. Signed on 2/24/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
25

Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Gabriel Russell, Chad F. Wolf. (Greene, Glenn) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
26

Motion to Dismiss . Filed by Gabriel Russell, United States Marshals Service, Donald J. Trump, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Exhibit Declaration of Pete Cajigal, # 2 Exhibit Declaration of Patrick J. Zitny, # 3 Exhibit Declaration of CBP SOG-1) (Clendenen, Michael) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
28

Motion for Stay of Discovery. Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
31

Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Stay of Discovery 28 . Filed by All Plaintiffs. (Attachments: # 1 Proposed Order Granting Unopposed Motion for Extension of Time) (Sacks, Jeremy) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER

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

March 16, 2021

March 16, 2021

PACER
33

Joint Rule 26(f) Report and Discovery Plan . Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
34

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 26, Motion to Dismiss for Failure to State a Claim 25 . Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER

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

April 2, 2021

April 2, 2021

PACER
36

Second Motion for Extension of Time to File a Response/Reply to Motion for Stay of Discovery 28 . Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER

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

April 9, 2021

April 9, 2021

PACER

1 - Scheduling

April 16, 2021

April 16, 2021

PACER
39

Response in Opposition to Motion for Stay of Discovery 28 Oral Argument requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
40

Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 26 . Expedited Hearing requested. Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
41

Declaration of Jeremy D. Sacks in Support of Plaintiff's Response to Agency and Official-Capacity Defendants' Motion to Stay Discovery Pending Resolution of Their Motion to Dismiss and Plaintiff's Motion to Extend Briefing Schedule on Agency Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 39, Motion for Extension of Time to File Response/Reply to a Motion 40 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N) (Sacks, Jeremy) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
43

Declaration of Jeremy D. Sacks . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 39 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N) (Sacks, Jeremy) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
44

Response in Opposition to Motion for Stay of Discovery 28 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Declaration of Jeremy D. Sacks) (Lee, Rachel) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER

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

April 21, 2021

April 21, 2021

PACER
45

Unopposed Motion for Extension of Time re Briefing Schedule on Individual-Capacity Defendants' Motion to Dismiss 25 . Filed by All Plaintiffs. (Attachments: # 1 Proposed Order) (Lee, Rachel) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
46

ORDER: Granting Plaintiff's Unopposed Motion 45 to Extend Briefing Schedule on Individual-Capacity Defendants' Motion to Dismiss 25 . Signed on 4/26/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
47

Reply to Motion for Stay of Discovery 28 . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
48

Response in Opposition to Motion to Dismiss for Failure to State a Claim 25 Oral Argument requested. Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
49

Motion for Protective Order (Partial) Regarding the Use of Pseudonyms. Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
50

Declaration of Joseph Misher . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
51

Declaration of Richard Jolles . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
52

Declaration of Timothy Hughes . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
53

Redacted Declaration of CBP SOG-1 . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
57

Stipulated Proposed Form of Order Submitted (Protective). Filed by All Plaintiffs. (Ramfjord, Per) Modified on 5/3/2021 (pvh). (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
59

STIPULATED PROTECTIVE ORDER. Signed on 5/03/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER

1 - Scheduling

May 3, 2021

May 3, 2021

PACER
60

Notice of Supplemental Authority Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Supplement Western States Order) (Clendenen, Michael) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
61

Motion to Unseal a Document . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 05/13/2021)

1 Proposed Order

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May 13, 2021

May 13, 2021

RECAP
62

ORDER: Granting Motion 61 to unseal Declarations (ECF 30, 56 ). Signed on 5/14/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
63

Response to Motion for Protective Order (Partial) Regarding the Use of Pseudonyms 49 . Filed by All Plaintiffs. (Lee, Rachel) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
64

Declaration of Rachel C. Lee . Filed by All Plaintiffs. (Related document(s): Response to Motion 63 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Lee, Rachel) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
65

Notice of Supplemental Authority Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Supplement Wise Order) (Clendenen, Michael) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER

Motion Hearing Held AND Order on Motion for Stay

May 19, 2021

May 19, 2021

PACER
67

Notice of Correction Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
68

Supplemental Declaration of Pete Cajigal . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
69

Notice of Supplemental Authority Filed by All Plaintiffs. (Attachments: # 1 Supplement Boule Order) (Chase, Crystal) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
70

Reply to Motion to Dismiss for Failure to State a Claim 25 Oral Argument requested. Filed by Gabriel Russell, Chad F. Wolf. (Greene, Glenn) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
71

Supplemental Declaration of Patrick J. Zitny . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
72

Notice re Motion to Dismiss for Failure to State a Claim 25, Reply to Motion 70 Notice of Supplemental Authority Filed by Gabriel Russell, Chad F. Wolf. (Related document(s): Motion to Dismiss for Failure to State a Claim 25, Reply to Motion 70 .) (Attachments: # 1 Exhibit Opinion and Order - Clark, et al. v. Wolf, et al.) (Greene, Glenn) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
73

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED oral argument held on 5/19/2021 before Judge Youlee Yim You via teleconference, Court Reporter Kellie Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/21/2021. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/13/2021. (Humiston, Kellie) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
74

Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
75

Joint Notice of Supplemental Authority Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Attachments: # 1 Supplement Black Lives Matter D.C. Order) (Clendenen, Michael) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER

1 - Scheduling

June 24, 2021

June 24, 2021

PACER
77

Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
78

Supplemental Declaration of Pete Cajigal . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER

1 - Scheduling

July 8, 2021

July 8, 2021

PACER
80

Second Amended Complaint (AUTHORIZED TO BE FILED UNDER SEAL). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Exhibits 1-11). (Lee, Rachel) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
81

Second Amended Complaint (REDACTED). Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Exhibits 1-11). (Lee, Rachel) (Entered: 07/14/2021)

1 Exhibits 1-11

View on PACER

July 14, 2021

July 14, 2021

Clearinghouse
82

Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
84

Joint Stipulation re Amended Complaint, 80 and Motions to Dismiss [25, 26] by All Plaintiffs. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

PACER

1 - Scheduling

July 15, 2021

July 15, 2021

PACER
85

Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER

1 - Scheduling

Aug. 19, 2021

Aug. 19, 2021

PACER
87

Motion for Protective Order . Expedited Hearing requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
88

Declaration of Rachel C. Lee . Filed by All Plaintiffs. (Related document(s): Motion for Protective Order 87 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Lee, Rachel) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
90

Motion to Compel Addresses for Service on Newly Named Defendants. Expedited Hearing requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
91

Declaration of Rachel C. Lee in Support of Plaintiffs' Motion to Compel Addresses For Service On Newly Named Defendants. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to Compel 90 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Lee, Rachel) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
92

Redacted Declaration of Rachel C. Lee in Support of Plaintiffs' Motion to Compel Addresses for Service on Newly Named Defendants. Filed by All Plaintiffs. (Related document(s): Motion to Compel 90 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Lee, Rachel) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER

1 - Scheduling

Sept. 7, 2021

Sept. 7, 2021

PACER

Motion Hearing Held AND Order on Motion for Protective Order AND Order on Motion to Compel

Sept. 8, 2021

Sept. 8, 2021

PACER

Motion Hearing Held AND Order on Motion to Compel AND Order on Motion for Protective Order

Sept. 8, 2021

Sept. 8, 2021

PACER

Order on Motion to Compel AND Motion Hearing Held AND Order on Motion for Protective Order

Sept. 8, 2021

Sept. 8, 2021

PACER
94

Modified Protective Order. Signed on 9/9/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
95

Findings & Recommendations: The Motion to Dismiss filed by defendants Wolf and Russell (ECF 25 ) should be GRANTED, and the First, Seventh, and Eighth claims asserted against them in their individual capacities should be dismissed. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Monday, September 27, 2021. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. Signed on 9/13/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

RECAP

Findings & Recommendation Referred

Sept. 13, 2021

Sept. 13, 2021

PACER
97

Unopposed Motion for Extension of Time to File an Objection to 95, Unopposed Motion for Extension of Time to File a Response to Objection to Findings & Recommendation: Motion to Dismiss for Failure to State a Claim 25 should be granted 95 . Filed by All Plaintiffs. (Lee, Rachel) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER

Order on Motion for Extension of Time to File Response to Objection to F & R AND Order on Motion for Extension of Time to File an Objection to F & R

Sept. 17, 2021

Sept. 17, 2021

PACER
99

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 26 . Expedited Hearing requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER

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

Sept. 30, 2021

Sept. 30, 2021

PACER
101

Proposed Summons (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Attachments: # 1 Attachment List of Parties) Filed by All Plaintiffs. (Lee, Rachel) (PDF attachments replaced with corrected PDFs on 10/7/2021) (eo). (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
102

Unopposed Motion for Extension of Time to Serve Second Amended Complaint. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Expedited Hearing requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER
103

Declaration of Rachel C. Lee in Support of Unopposed Motion for Extension of Time to Serve Second Amended Complaint. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time 102 .) (Lee, Rachel) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Key Dates

Filing Date: Aug. 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individual Oregonians along with Black Millennial Movement and Rose City Justice, Inc., alleging that federal law enforcement unlawfully detained and used excessive force against them during Portland protests against systemic racism and police violence.

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

U.S. Marshals Service, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

42 U.S.C. § 1985

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Excessive force

Over/Unlawful Detention

Pattern or Practice

Pepper/OC spray

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