Civil Rights Litigation Clearinghouse

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 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.

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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)

Attorney Contact Information via CourtListener

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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):