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)

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

Docket [PACER]

Feb. 3, 2021 Docket
1

Complaint

Aug. 26, 2020 Complaint
18

Amended Complaint

Jan. 8, 2021 Complaint
81

Amended Complaint (ALL CASE TYPES)

July 14, 2021 None
149

Opinion and Order

Dec. 27, 2021 None

Resources

Title Description External URL

Black Millennial Movement et al v Trump

ACLU Oregon

Protesters who were abducted, beaten, and gassed by federal agents in Portland, Oregon, are suing President Trump, the Department of Homeland Security, the U.S. Marshals Service, DHS officials, and t… Jan. 1, 2021 https://www.aclu-or.org/...

Docket

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

Last updated May 12, 2022, 8 p.m.

ECF Number Description 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 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 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 PACER
4

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

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 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 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 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 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 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 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 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 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 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 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 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 PACER
17

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

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 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 PACER
20

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

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 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 PACER

Order on Motion for Extension of Time

Feb. 3, 2021 PACER
23

Extension of Time

Feb. 24, 2021 PACER
24

Order on Motion for Extension of Time

Feb. 25, 2021 PACER
25

Dismiss for Failure to State a Claim

Feb. 26, 2021 PACER
26

Dismiss

March 6, 2021 PACER
28

Stay

March 6, 2021 PACER
31

Extension of Time to File Response/Reply to Motion

March 15, 2021 PACER

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

March 16, 2021 PACER
33

Rule 26(f) Report and Discovery Plan

March 19, 2021 PACER
34

Extension of Time to File Response/Reply to Motion

April 2, 2021 PACER

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

April 2, 2021 PACER
36

Extension of Time to File Response/Reply to Motion

April 9, 2021 PACER

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

April 9, 2021 PACER

1 - Scheduling

April 16, 2021 PACER
39

Response in Opposition to Motion

April 20, 2021 PACER
40

Extension of Time to File Response/Reply to Motion

April 20, 2021 PACER
41

Declaration

April 20, 2021 PACER

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

April 21, 2021 PACER
43

Declaration

April 21, 2021 PACER
44

Response in Opposition to Motion

April 21, 2021 PACER
45

Extension of Time

April 22, 2021 PACER
46

Order on Motion for Extension of Time

April 26, 2021 PACER
47

Reply to Motion

April 28, 2021 PACER
48

Response in Opposition to Motion

April 28, 2021 PACER
49

Protective Order

April 30, 2021 PACER
50

Declaration

April 30, 2021 PACER
51

Declaration

April 30, 2021 PACER
52

Declaration

April 30, 2021 PACER
53

Declaration

April 30, 2021 PACER
57

Protective Order

May 3, 2021 PACER

1 - Scheduling

May 3, 2021 PACER
59

Order on Motion for Protective Order

May 3, 2021 PACER
60

Notice

May 12, 2021 PACER
61

Unseal Document

1 Proposed Order

View on PACER

May 13, 2021 RECAP
62

Order on Motion to Unseal Document

May 14, 2021 PACER
63

Response to Motion

May 15, 2021 PACER
64

Declaration

May 15, 2021 PACER
65

Notice

May 17, 2021 PACER

Motion Hearing Held AND Order on Motion for Stay

May 19, 2021 PACER
67

Notice

May 24, 2021 PACER
68

Declaration

May 24, 2021 PACER
69

Notice

May 24, 2021 PACER
70

Reply to Motion

May 26, 2021 PACER
71

Declaration

June 10, 2021 PACER
72

Notice

June 11, 2021 PACER
73

Transcript of Proceedings

June 14, 2021 PACER
74

Joint Status Report

June 23, 2021 PACER
75

Notice

June 24, 2021 PACER

1 - Scheduling

June 24, 2021 PACER
77

Joint Status Report

July 7, 2021 PACER
78

Declaration

July 8, 2021 PACER

1 - Scheduling

July 8, 2021 PACER
80

Amended Complaint (ALL CASE TYPES)

July 14, 2021 PACER
81

Amended Complaint (ALL CASE TYPES)

1 Exhibits 1-11

View on PACER

July 14, 2021 RECAP
82

Joint Status Report

July 15, 2021 PACER

1 - Scheduling

July 15, 2021 PACER
84

Stipulation

July 15, 2021 PACER
85

Joint Status Report

Aug. 18, 2021 PACER

1 - Scheduling

Aug. 19, 2021 PACER
87

Protective Order

Sept. 4, 2021 PACER
88

Declaration

Sept. 4, 2021 PACER

1 - Scheduling

Sept. 7, 2021 PACER
90

Compel

Sept. 8, 2021 PACER
91

Declaration

Sept. 8, 2021 PACER
92

Declaration

Sept. 8, 2021 PACER

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

Sept. 8, 2021 PACER

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

Sept. 8, 2021 PACER

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

Sept. 8, 2021 PACER
94

Protective Order

Sept. 9, 2021 PACER
95

Findings & Recommendation

Sept. 13, 2021 RECAP

Findings & Recommendation Referred

Sept. 13, 2021 PACER
97

Extension of Time to File Response to Objection to F & R AND Extension of Time to File Objection to F & R

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 PACER
99

Extension of Time to File Response/Reply to Motion

Sept. 30, 2021 PACER

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

Sept. 30, 2021 PACER
101

Proposed Summons

Oct. 5, 2021 PACER
102

Extension of Time

Oct. 7, 2021 PACER
103

Declaration

Oct. 7, 2021 PACER

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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