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, Acting DHS Secretary Chad Wolf, the Depa…

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, Acting DHS Secretary 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 2020, the federal government deployed more than 100 federal law enforcement officers or agents in response to 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 maintained the core aspects of the original. On September 13, 2021, Magistrate Judge You issued findings and recommendations advising the court to grant the defendants' motion to dismiss the plaintiffs' Bivens and conspiracy claims against the DHS Secretary and Federal Protective Service (FPS) Regional Director. On December 27, 2021, District Judge Michael H. Simon adopted Judge You's findings and recommendations in part. Judge Simon dismissed the Bivens claim against the DHS Secretary, determining that the plaintiff's Bivens claim was novel since the secretary was so far removed from the alleged unconstitutional acts, and that the special factors weighed against recognizing it as a new type of Bivens action. But the court did not dismiss the Bivens claim against the FPS Regional Director because he was personally involved in and directly supervised the alleged unconstitutional acts. Meanwhile, the court accepted Judge You's recommendation to dismiss the counts of conspiracy to violate the plaintiffs' Equal Protection rights by racially discriminating against them, finding that the plaintiffs did not allege sufficient facts to support their allegation that the DHS Secretary's and FPS Regional Director's animus against protestors was racially motivated. As of June 22, 2022, the case remains pending in District Court on the remaining counts.

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/


show all people

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 Dec. 16, 2024, 9:29 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

View on PACER

2 Proposed Summons

View on PACER

Aug. 26, 2020

Aug. 26, 2020

RECAP
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

RECAP
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
30

Declaration of CBP SOG-1 in support of agency and official-capacity defendants' motion to dismiss. Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Main Document 30 replaced on 3/10/2021, to add a PDF that included the case caption) (cw). Modified restricted status on 5/14/2021 pursuant to Order 62 (pvh). (Entered: 03/09/2021)

March 9, 2021

March 9, 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
32

ORDER: Plaintiffs' Unopposed Motion for Extension of Time 31 to File Response to Defendants' Motion for Stay of Discovery 28 is granted. Plaintiff's response is due by Friday, 4/09/2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 03/16/2021)

March 16, 2021

March 16, 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
35

ORDER: Unopposed Motion to Extend Briefing Schedule 34 is granted as follows: Plaintiffs shall have until April 23, 2021, to file their responses to motion to dismiss; and Defendants shall have until May 21, 2021, to file their reply briefs to motion to dismiss. Ordered by Magistrate Judge Youlee Yim You. (pvh) (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
37

ORDER: Plaintiffs' Second Unopposed Motion for Extension of Time 36 to File Response to Defendants' Motion for Stay of Discovery 28 is granted. Plaintiffs' response is due Friday, 4/23/2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) (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
38

Scheduling Order: Telephonic Scheduling Conference is set for 4/21/2021 at 09:00AM in Portland by telephone before Magistrate Judge Youlee Yim You. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 04/16/2021)

April 16, 2021

April 16, 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
42

MINUTES of Proceedings: Telephonic Scheduling Conference held on 4/21/2021. The court stays briefing on Official Capacity Defendants' Motion to Dismiss 26 while the Motion to Stay Discovery 28 is decided. Plaintiffs may submit a revised response to the Motion to Stay Discovery. Defendants' may file a reply to the Motion to Stay Discovery within seven days of the filing of any revised response by Plaintiffs. Plaintiffs' Motion for Extension of Time 40 is resolved as moot. Jeremy D. Sacks, Crystal S. Chase, Rachel C. Lee present as counsel for plaintiffs. Michael Patrick Clendenen and Glenn Greene present as counsel for defendants. Court Reporter: Kellie Humiston. Magistrate Judge Youlee Yim You presiding. (pvh) (Entered: 04/21/2021)

April 21, 2021

April 21, 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
56

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) Modified restricted status on 5/14/2021 pursuant to Order 62 (pvh). (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
58

Scheduling Order: SETTING Telephonic Oral Argument for Wednesday, 5/19/2021 at 09:00AM before Magistrate Judge Youlee Yim You regarding Defendants' Motion for Stay of Discovery 28 . Ordered by Magistrate Judge Youlee Yim You. (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

View on PACER

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
66

MINUTES of Proceedings: Telephonic hearing held on Motion to Stay Discovery 28 . Motion is held in abeyance while official capacity defendants respond to jurisdictional discovery requests identified in plaintiff's exhibits L-N, which shall be accomplished within three weeks. The court's order in this regard was further clarified at the hearing on the record. By June 23, 2021, the parties shall submit a joint status report to the court regarding the progress of jurisdictional discovery. Rachel C. Lee and Kelly K. Simon present as counsel for plaintiffs. Michael Patrick Clendenen present as counsel for defendants. Court Reporter: Kellie Humiston. Magistrate Judge Youlee Yim You presiding. (pvh) (Entered: 05/19/2021)

May 19, 2021

May 19, 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
76

Scheduling Order: The parties shall file another joint status report by July 7, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) (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
79

Scheduling Order- The Court acknowledges receipt of the parties' Joint Status Report 77 and, pursuant to their request, directs the parties to file another Joint Status Report by 7/14/2021. Ordered by Magistrate Judge Youlee Yim You. (pjg) (Entered: 07/08/2021)

July 8, 2021

July 8, 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

RECAP
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
83

Scheduling Order: The parties report that they are still working on jurisdictional discovery. They shall file another joint status report on the progress of jurisdictional discovery no later than August 18, 2021. Ordered by Magistrate Judge Youlee Yim You. (pjg) (Entered: 07/15/2021)

July 15, 2021

July 15, 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
86

ORDER: At the parties' request, the Court lifts the stay of Official-Capacity Defendants' Motion to Dismiss (ECF No. 26 ). Plaintiffs' response in opposition to the motion to dismiss shall be filed by September 30, 2021, and Official-Capacity Defendants' reply in support of their motion to dismiss shall be filed by October 28, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 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
89

Scheduling Order: SETTING a Telephonic Hearing for Wednesday, September 8, 2021, at 10:30AM before Magistrate Judge Youlee Yim You regarding plaintiffs' Motion for Protective Order 87 . Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 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

Case Details

State / Territory: Oregon

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Multi-LexSum (in sample)

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):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

42 U.S.C. § 1985

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Pattern or Practice

Search policies

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Policing:

Excessive force

Pepper/OC Spray (policing)