Case: Wolfe v. Portland

3:20-cv-01882 | U.S. District Court for the District of Oregon

Filed Date: Nov. 1, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involved allegations that local, state, and federal law enforcement failed to accommodate people with disabilities during public assemblies and protests. Four Portland, Oregon residents with disabilities, along with Disability Rights Oregon, filed suit in the U.S. District Court for the District of Oregon (Portland) on November 1, 2020. Defendants included the Secretary of the U.S. Department of Homeland Security, the Director of the U.S. Marshals, the Superintendent of the Oregon Sta…

This case involved allegations that local, state, and federal law enforcement failed to accommodate people with disabilities during public assemblies and protests.

Four Portland, Oregon residents with disabilities, along with Disability Rights Oregon, filed suit in the U.S. District Court for the District of Oregon (Portland) on November 1, 2020. Defendants included the Secretary of the U.S. Department of Homeland Security, the Director of the U.S. Marshals, the Superintendent of the Oregon State Police, the City of Portland, the Mayor of Portland, Portland’s Chief of Police, Multnomah County, and the Multnomah County Sheriff. The plaintiffs were represented by private counsel, the Civil Rights Education and Enforcement Center, and the Disability Rights Legal Center. The plaintiffs brought their claims under the Americans with Disabilities Act (ADA) 42 U.S.C. § 12101, the Rehabilitation Act 29 U.S.C. § 701, and 42 U.S.C. § 1983. The plaintiffs also cited Bivens which allows a lawsuit for damages when a federal officer violates the U.S. Constitution within their official capacity. The case was initially assigned to Judge Anna Brown but was reassigned to Judge Michael Simon the following day.

The plaintiffs had four key allegations. First, law enforcement harassed and retaliated against people with disabilities for exercising their constitutional rights. Second, law enforcement failed to make reasonable accommodations for those with sight, hearing, mobility, or other disabilities when dispersing a crowd. Third, people with disabilities were not given the opportunity to comply with law enforcement orders before being subject to force. Fourth, law enforcement discriminated against gender-nonconforming protestors. This included both misgendering individuals and refusing to house protestors in law enforcement custody according to their gender identity. The plaintiffs sought declaratory relief, and injunctive relief to modify police practices to address needs of people with disabilities. The plaintiffs also sought compensatory and punitive damages for physical and mental injuries sustained while at protests dispersed by police.

The plaintiffs filed a motion for a preliminary injunction on February 8, 2021, claiming those with disabilities needed both immediate protection against excessive force and modifications to police policies to protect people with disabilities at protests. They sought to have police provide American Sign Language interpreters and visual messaging systems; cease aggressive tactics like “bull rushes” against protestors; cease using chemical munitions; cease using strobe lights; cease separating people with disabilities from their assistants or service animals; and provide and inform protestors of alternative paths of escape before dispersing crowds.

The defendants filed multiple motions to dismiss on March 15, 2021. Two motions were filed by the U.S. Marshals and DHS. The first motion was for failure to state a claim, with the defendants arguing for qualified immunity and that the plaintiffs had alternative remedies that precluded Bivens remedies. The second motion was for a lack of jurisdiction, arguing that the plaintiffs’ claims were moot as the U.S. Marshals and DHS were not involved in the Portland protests. The next three motions to dismiss were filed by the Oregon State Police, Multnomah County, and the City of Portland. They all presented similar arguments that the plaintiffs failed to plead specific enough facts to allege systemic or specific instances of discrimination against the disabled.

A hearing on the plaintiffs’ motion for a preliminary injunction was held on July 13, 2021. On October 8, 2021, Judge Simon granted multiple defendants' motions to dismiss and denied the plaintiffs' motion for preliminary injunction. In granting the motions to dismiss, Judge Simon found that the plaintiffs did not have standing for two key reasons. First, the nightly protests in Portland that gave rise to the case were no longer ongoing. As a result, any alleged “chilling effect” on the plaintiffs' First Amendment rights would be based on a fear of future harm that was too speculative. Second, a recent change in Oregon law required police to take reasonable actions to accommodate disabilities when issuing or enforcing dispersal orders. Much of the relief sought by the plaintiffs had therefore been enacted into law in Oregon. Because the court granted the defendants' motions to dismiss, the plaintiffs' motion for a preliminary injunction was denied as moot.

The plaintiffs filed an amended complaint against the remaining defendants—the City of Portland and Multnomah County—on December 10, 2021. Both defendants filed motions to dismiss on January 10, 2022, for lack of standing, mootness, and failure to state a claim. As of February 23, 2022, the defendants’ motions to dismiss are pending before the court.

Summary Authors

Rachel Harrington (2/19/2021)

Eric Gripp (7/31/2021)

Ethan Haughie (2/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18596012/parties/wolfe-v-city-of-portland/


Judge(s)

Simon, Michael Howard (Oregon)

Attorneys(s) for Plaintiff

Campbell, Bruce L. (Oregon)

Clarke, John C. (Oregon)

Fox, Timothy Patrick (Colorado)

Gonzales Morales, Pilar (Colorado)

Gonzalez Morales, Maria Del Pilar (California)

Hamme, Brendan (California)

Knauf, Christopher (California)

Pinggera, Anthony C (California)

Robertson, Amy Farr (Colorado)

Judge(s)

Simon, Michael Howard (Oregon)

Attorneys(s) for Plaintiff

Campbell, Bruce L. (Oregon)

Clarke, John C. (Oregon)

Fox, Timothy Patrick (Colorado)

Gonzales Morales, Pilar (Colorado)

Gonzalez Morales, Maria Del Pilar (California)

Hamme, Brendan (California)

Knauf, Christopher (California)

Pinggera, Anthony C (California)

Robertson, Amy Farr (Colorado)

Runkles-Pearson, P.K. (Oregon)

Attorneys(s) for Defendant

Baumchen, Drew K (Oregon)

Clendenen, Michael Patrick (District of Columbia)

Gilmore, Christopher A (Oregon)

Law, Linda S (Oregon)

Vu, Linh T (Oregon)

Woodard, Elizabeth C (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

July 26, 2021 Docket
1

Complaint for Declaratory, Injunctive Relief, and Damages

Nov. 1, 2020 Complaint
143

Opinion and Order

Wolfe v. City of Portland

2021 WL 4713237

Oct. 8, 2021 Order/Opinion
150

First Amended Complaint

Wolfe v. City of Portland

Dec. 10, 2021 Complaint
152

Defendant Multnomah County's Motion to Dismiss

Wolfe v. City of Portland

Jan. 10, 2022 Pleading / Motion / Brief

Resources

Title Description External URL

Lawsuit: Law enforcement fails to provide Oregonians with disabilities equal access to Portland demonstrations

Civil Rights Education and Enforcement Center

A lawsuit filed last night on behalf of people with disabilities in federal district court in Portland argues that law enforcement tactics fail to provide equal access to public demonstrations callin… Nov. 2, 2020 https://creeclaw.org/lawsuit-law-enforcement-fails-to-provide-oregonians-with-disabilities-equal-access-to-portland-demonstrations/?eType=EmailBlastContent&eId=93e38e1e-0097-4b38-95d9-faeb52f2f6e4

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18596012/wolfe-v-city-of-portland/

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-7440493 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by Katalina Durden, Juniper Simonis, individually, Philip Wolfe, Melissa Lewis, Disability Rights of Oregon, an Oregon nonprofit and advocacy corporation against City of Portland, a municipal corporation, Travis Hampton, in his official capacity, John Does 1-60, individual and supervisory officers of local, state and federal government, Chuck Lovell, in his official capacity, Multnomah County, a political subdivision of the State, Oregon State Police, a law enforcement agency of the State of Oregon, Michael Reese, in his official capacity, U.S. Department of Homeland Security, U.S. Marshals Service, Donald Washington, in his official capacity, Ted Wheeler, in his official capacity, Chad Wolfe, in his official capacity (Attachments: # 1 Civil Cover Sheet). (Clarke, John) (Entered: 11/01/2020)

1 Civil Cover Sheet

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Nov. 1, 2020 Clearinghouse
2

Corporate Disclosure Statement Disability Rights Oregon. Filed by All Plaintiffs. (Clarke, John) (Entered: 11/02/2020)

Nov. 2, 2020 PACER
3

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Timothy P. Fox. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7443670. Filed by All Plaintiffs. (Fox, Timothy) (Entered: 11/02/2020)

Nov. 2, 2020 RECAP

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Timothy P. Fox. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7443670 3 : Reviewed and Ready for Ruling. (ecp)

Nov. 2, 2020 PACER
4

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brendan M. Hamme. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7443915. Filed by All Plaintiffs. (Hamme, Brendan) (Entered: 11/02/2020)

Nov. 2, 2020 PACER
5

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christopher H. Knauf. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7444014. Filed by All Plaintiffs. (Knauf, Christopher) (Entered: 11/02/2020)

Nov. 2, 2020 PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brendan M. Hamme. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7443915 4 : Reviewed and Ready for Ruling. (ecp)

Nov. 2, 2020 PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christopher H. Knauf. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7444014 5 : Reviewed and Ready for Ruling. (ecp)

Nov. 2, 2020 PACER
6

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by Maria Del Pilar Gonzalez Morales. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7443850. Filed by All Plaintiffs. (eo) (Entered: 11/02/2020)

Nov. 2, 2020 PACER
7

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Anthony C. Pinggera. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7444050. Filed by All Plaintiffs. (Pinggera, Anthony) (Entered: 11/02/2020)

Nov. 2, 2020 PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney. Filing fee in the amount of $300 collected; Receipt No.: AORDC-7443850 6 : Reviewed and Ready for Ruling. (ecp)

Nov. 2, 2020 PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Anthony C. Pinggera. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7444050 7 : Reviewed and Ready for Ruling. (ecp)

Nov. 2, 2020 PACER
8

Notice of Case Assignment to Judge Anna J. Brown 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 3/2/2021. Joint Alternate Dispute Resolution Report is due by 4/1/2021. Pretrial Order is due by 4/1/2021. Ordered by Judge Anna J. Brown. (joha) (Entered: 11/02/2020)

Nov. 2, 2020 RECAP

Clerk's Review of Pro Hac Vice Motion

Nov. 2, 2020 PACER
9

Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Judge Michael H. Simon. (eo) (Entered: 11/03/2020)

Nov. 3, 2020 RECAP
10

Proposed Summons Wolf Summons individual (Attachments: # 1 Wolf Summons official, # 2 Reese Summons, # 3 Multnomah County Summons, # 4 Lovell Summons, # 5 Hampton Summons, # 6 Wheeler Summons, # 7 City of Portland Summons, # 8 Washington individual Summons, # 9 Washington official Summons) Filed by All Plaintiffs. (Clarke, John) (Entered: 11/04/2020)

1 Wolf Summons official

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2 Reese Summons

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3 Multnomah County Summons

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4 Lovell Summons

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5 Hampton Summons

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6 Wheeler Summons

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7 City of Portland Summons

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8 Washington individual Summons

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9 Washington official Summons

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Nov. 4, 2020 PACER
11

Summons Issued Electronically as to City of Portland, Travis Hampton, Chuck Lovell, Multnomah County, Michael Reese, Donald Washington, Ted Wheeler, Chad Wolfe. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (joha) (Entered: 11/04/2020)

Nov. 4, 2020 RECAP
12

Waiver of Service of Summons Returned Executed by City of Portland waiver sent on 11/9/2020; Chuck Lovell waiver sent on 11/9/2020; Ted Wheeler waiver sent on 11/9/2020. (Attachments: # 1 Wheeler Waiver of Summons, # 2 Lovell Waiver of Summons) Filed by All Plaintiffs. (Clarke, John) (Entered: 11/10/2020)

Nov. 10, 2020 PACER
13

ORDER - Plaintiffs' Motion for Leave to Appear Pro Hac Vice for attorney Maria Del Pilar Gonzalez Morales (ECF 6 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/17/2020)

Nov. 17, 2020 PACER
14

ORDER - Plaintiffs' Motion for Leave to Appear Pro Hac Vice for attorney Timothy P. Fox (ECF 3 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/17/2020)

Nov. 17, 2020 PACER
15

ORDER - Plaintiffs' Motion for Leave to Appear Pro Hac Vice for attorney Brendan M. Hamme (ECF 4 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/17/2020)

Nov. 17, 2020 PACER
16

ORDER - Plaintiffs' Motion for Leave to Appear Pro Hac Vice for attorney Christopher H. Knauf (ECF 5 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/17/2020)

Nov. 17, 2020 PACER
17

ORDER - Plaintiffs' Motion for Leave to Appear Pro Hac Vice for attorney Anthony C. Pinggera (ECF 7 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/17/2020)

Nov. 17, 2020 PACER

Leave to Appear Pro Hac Vice

Nov. 17, 2020 PACER
18

Waiver of Service of Summons Returned Executed by Multnomah County waiver sent on 11/19/2020. Filed by All Plaintiffs. (Clarke, John) (Entered: 11/23/2020)

Nov. 23, 2020 RECAP
19

Waiver of Service of Summons Returned Executed by Michael Reese waiver sent on 11/19/2020. Filed by All Plaintiffs. (Clarke, John) (Entered: 11/23/2020)

Nov. 23, 2020 PACER
20

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amy Robertson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7539096. Filed by All Plaintiffs. (Robertson, Amy) (Entered: 11/24/2020)

Nov. 24, 2020 PACER
21

Notice of Appearance of Michael Patrick Clendenen appearing on behalf of Donald Washington, Chad Wolfe in their official capacities. Filed by on behalf of Donald Washington, Chad Wolfe. (Clendenen, Michael) (Entered: 11/24/2020)

Nov. 24, 2020 PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amy Robertson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7539096 20 : Reviewed and Ready for Ruling. (ecp)

Nov. 30, 2020 PACER
22

ORDER - Plaintiffs' Motion for Leave to Appear Pro Hac Vice by attorney Amy Robertson (ECF 20 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/30/2020)

Nov. 30, 2020 PACER

Clerk's Review of Pro Hac Vice Motion

Nov. 30, 2020 PACER

Leave to Appear Pro Hac Vice

Nov. 30, 2020 PACER
23

Waiver of Service of Summons Returned Executed by Terri Davie waiver sent on 11/30/2020. Filed by All Plaintiffs. (Clarke, John) Corrected waiver date on 12/10/2020 (joha). (Entered: 12/02/2020)

Dec. 2, 2020 PACER
24

Notice of Appearance of Drew K. Baumchen appearing on behalf of Terri Davie Filed by on behalf of Terri Davie. (Baumchen, Drew) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
25

Affidavit of Service upon Philip Wolfe served on 11/19/2020 Filed by All Plaintiffs. (Clarke, John) (Entered: 12/10/2020)

Dec. 10, 2020 PACER
26

Affidavit of Service upon Donald Washington served on 11/27/2020 Filed by All Plaintiffs. (Clarke, John) (Entered: 12/10/2020)

Dec. 10, 2020 PACER
27

Unopposed Motion for Extension of Time to File First Appearance. Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Simon, Daniel) (Entered: 01/06/2021)

Jan. 6, 2021 PACER
28

Declaration of Daniel Simon . Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Related document(s): Motion for Extension of Time 27 .) (Simon, Daniel) (Entered: 01/06/2021)

Jan. 6, 2021 RECAP
29

ORDER - Defendants City of Portland, Ted Wheeler, and Chuck Lovell's Motion for Extension of Time (ECF 27 ) is GRANTED. Answer or other responsive pleading is due by 3/9/2021. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/06/2021)

Jan. 6, 2021 PACER

Order on Motion for Extension of Time

Jan. 7, 2021 PACER
30

SCHEDULING ORDER - Based on the informal joint request of the parties, Defendants' answer, or other responsive pleading to the complaint (ECF 1 ) are due by Monday, March 15, 2021. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/14/2021)

Jan. 14, 2021 PACER

1 - Scheduling

Jan. 14, 2021 PACER
31

Notice of Association of Attorney Daniel A. Simon,Linda S. Law,Linh T. Vu,Elizabeth C. Woodard for Ted Wheeler,Linda S. Law,Linh T. Vu,Elizabeth C. Woodard for Chuck Lovell,Linda S. Law,Linh T. Vu,Elizabeth C. Woodard for City of Portland. Filed by Ted Wheeler, Chuck Lovell, City of Portland. (Simon, Daniel) (Entered: 01/15/2021)

Jan. 15, 2021 PACER
32

Acceptance/Acknowledgement of Service on Chad Wolfe served on 1/14/2021 Filed by All Plaintiffs. (Clarke, John) (Entered: 01/15/2021)

Jan. 15, 2021 PACER
33

Acceptance/Acknowledgement of Service on Donald Washington served on 1/14/2021 Filed by All Plaintiffs. (Clarke, John) (Entered: 01/15/2021)

Jan. 15, 2021 PACER
34

Notice of Attorney Withdrawal: Runkles-Pearson and Hamme Filed by All Plaintiffs. (Clarke, John) (Entered: 01/26/2021)

Jan. 26, 2021 PACER
35

Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Campbell, Bruce) (Entered: 02/08/2021)

Feb. 8, 2021 RECAP
36

Declaration of Scarlett Passmore . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 35 .) (Campbell, Bruce) (Entered: 02/08/2021)

Feb. 8, 2021 PACER
37

Declaration of Katalina Durden . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 35 .) (Campbell, Bruce) (Entered: 02/08/2021)

Feb. 8, 2021 PACER
38

Declaration of Heather Van Wilde . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 35 .) (Campbell, Bruce) (Entered: 02/08/2021)

Feb. 8, 2021 RECAP
39

Declaration of Juniper Simonis . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 35 .) (Campbell, Bruce) (Entered: 02/08/2021)

Feb. 8, 2021 RECAP
40

Declaration of John Clarke . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 35 .) (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2) (Campbell, Bruce) (Entered: 02/08/2021)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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Feb. 8, 2021 RECAP
41

Declaration of Philip Wolfe . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 35 .) (Campbell, Bruce) (Entered: 02/08/2021)

Feb. 8, 2021 RECAP
42

Declaration of Melissa Lewis . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 35 .) (Campbell, Bruce) (Entered: 02/08/2021)

Feb. 8, 2021 RECAP
43

Declaration of Chad Ludwig . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 35 .) (Attachments: # 1 Exhibit Exhibit 1) (Campbell, Bruce) (Entered: 02/08/2021)

1 Exhibit Exhibit 1

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Feb. 8, 2021 RECAP
44

Declaration of Tom Stenson . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 35 .) (Attachments: # 1 Exhibit Exhibit 1) (Campbell, Bruce) (Entered: 02/08/2021)

1 Exhibit Exhibit 1

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Feb. 8, 2021 PACER
45

Scheduling Order - Defendants City of Portland, Ted Wheeler, and Chuck Lovell's unopposed email request for an extension of time is GRANTED. Defendants' response to Plaintiffs' Motion for Preliminary Injunction (ECF 35 ) is due by March 15, 2021. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/12/2021)

Feb. 12, 2021 PACER
46

Amended Scheduling Order - Defendants' unopposed email request for an extension of time is GRANTED. Defendants' responses to Plaintiffs' Motion for Preliminary Injunction (ECF 35 ) are due by March 15, 2021. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/12/2021)

Feb. 12, 2021 PACER

1 - Scheduling

Feb. 12, 2021 PACER
47

Notice of Appearance of Christopher A. Gilmore appearing on behalf of Multnomah County, Michael Reese Filed by on behalf of Multnomah County, Michael Reese. (Gilmore, Christopher) (Entered: 02/16/2021)

Feb. 16, 2021 PACER
48

Stipulated Motion for Protective Order . Filed by Terri Davie. (Baumchen, Drew) (Entered: 02/24/2021)

Feb. 24, 2021 RECAP
49

Stipulated Protective Order. Signed on 2/25/2021 by Judge Michael H. Simon. (mja) (Entered: 02/25/2021)

Feb. 25, 2021 RECAP
50

Notice of Appearance of David G. Cutler appearing on behalf of Donald Washington, Chad Wolfe in their individual capacities Filed by on behalf of Donald Washington, Chad Wolfe. (Cutler, David) (Entered: 03/11/2021)

March 11, 2021 PACER
51

Unopposed Motion to File Excess Pages . Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Simon, Daniel) (Entered: 03/12/2021)

March 12, 2021 PACER
52

Declaration of Daniel Simon . Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Related document(s): Motion to File Excess Pages 51 .) (Simon, Daniel) (Entered: 03/12/2021)

March 12, 2021 PACER
53

ORDER - Defendants City of Portland, Ted Wheeler, and Chuck Lovell's Motion to File Excess Pages (ECF 51 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/12/2021)

March 12, 2021 PACER

Order on Motion to File Excess Pages

March 12, 2021 PACER
54

Motion to Dismiss for Failure to State a Claim and Memorandum In Support Thereof. Oral Argument requested. Filed by Donald Washington, Chad Wolfe. (Greene, Glenn) (Entered: 03/15/2021)

March 15, 2021 RECAP
55

Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction - Defendant Davie's Motion to Dismiss Plaintiffs' Complaint. Oral Argument requested. Filed by Terri Davie. (Baumchen, Drew) (Entered: 03/15/2021)

March 15, 2021 RECAP
56

Response to Motion for Preliminary Injunction 35 . Filed by Terri Davie. (Baumchen, Drew) (Entered: 03/15/2021)

March 15, 2021 RECAP
57

Declaration of Joey Pollard in Support of Defendant Terri Davie's Response to Plaintiffs' Motion for Preliminary Injunction. Filed by Terri Davie. (Related document(s): Response to Motion 56 .) (Attachments: # 1 Exhibit 201, # 2 Exhibit 202) (Baumchen, Drew) (Entered: 03/15/2021)

March 15, 2021 PACER
58

Declaration of Cameron Bailey in Support of State Defendant's Response to Plaintiffs' Motion for Preliminary Injunction. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Terri Davie. (Related document(s): Response to Motion 56, Declaration, 57 .) (Attachments: # 1 Exhibit 203, # 2 Exhibit 204, # 3 Exhibit 205, # 4 Exhibit 206, # 5 Exhibit 207) (Baumchen, Drew) (Entered: 03/15/2021)

March 15, 2021 PACER
59

Response in Opposition to Motion for Preliminary Injunction 35 . Filed by Donald Washington, Chad Wolfe. (Clendenen, Michael) (Entered: 03/15/2021)

March 15, 2021 RECAP
60

Declaration of Pete Cajigal in Support of Federal Official-Capacity Defendants Opposition to Motion for Preliminary Injunction. Filed by Donald Washington, Chad Wolfe. (Clendenen, Michael) (Entered: 03/15/2021)

March 15, 2021 RECAP
61

Declaration of Gabriel Russell in Support of Federal Official-Capacity Defendants Opposition to Motion for Preliminary Injunction. Filed by Donald Washington, Chad Wolfe. (Clendenen, Michael) (Entered: 03/15/2021)

March 15, 2021 RECAP
62

Redacted Declaration of CBP SOG-1 in Support of Federal Official-Capacity Defendants Opposition to Motion for Preliminary Injunction. Filed by Donald Washington, Chad Wolfe. (Clendenen, Michael) (Entered: 03/15/2021)

March 15, 2021 PACER
63

Declaration of CBP SOG-1 in Support of Federal Official-Capacity Defendants Opposition to Motion for Preliminary Injunction. Filed by Donald Washington, Chad Wolfe. (Clendenen, Michael) Unsealed - See ECF #99. (Entered: 03/15/2021)

March 15, 2021 RECAP
64

Declaration of Brian S. Acuna in Support of Federal Official-Capacity Defendants Opposition to Motion for Preliminary Injunction. Filed by Donald Washington, Chad Wolfe. (Clendenen, Michael) (Entered: 03/15/2021)

March 15, 2021 RECAP
65

Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim . Filed by Donald Washington, Chad Wolfe. (Clendenen, Michael) (Entered: 03/15/2021)

March 15, 2021 RECAP
66

Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Michael Reese, Multnomah County. (Gilmore, Christopher) (Entered: 03/15/2021)

March 15, 2021 RECAP
67

Response in Opposition to Motion for Preliminary Injunction 35 . Filed by Multnomah County, Michael Reese. (Gilmore, Christopher) (Entered: 03/15/2021)

March 15, 2021 RECAP
68

Declaration of Sheriff Michael Reese with Exhibits 345-352. Filed by Multnomah County, Michael Reese. (Related document(s): Response in Opposition to Motion 67 .) (Gilmore, Christopher) (Entered: 03/15/2021)

March 15, 2021 PACER
69

Declaration of Kenneth Shipley, Jr. with Exhibit 353 placeholder. Filed by Multnomah County, Michael Reese. (Related document(s): Response in Opposition to Motion 67 .) (Gilmore, Christopher) (Entered: 03/15/2021)

March 15, 2021 PACER
70

Response in Opposition to Motion for Preliminary Injunction 35 . Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Simon, Daniel) (Entered: 03/15/2021)

March 15, 2021 RECAP
71

Declaration of Craig Dobson . Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Related document(s): Response in Opposition to Motion 70 .) (Simon, Daniel) (Entered: 03/15/2021)

March 15, 2021 PACER
72

Declaration of Casey Hettman . Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Related document(s): Response in Opposition to Motion 70 .) (Attachments: # 1 Exhibit 101, # 2 Exhibit 102) (Simon, Daniel) (Entered: 03/15/2021)

March 15, 2021 PACER
73

Declaration of Ashley Lancaster . Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Related document(s): Response in Opposition to Motion 70 .) (Attachments: # 1 Exhibit 103) (Simon, Daniel) (Entered: 03/15/2021)

March 15, 2021 PACER
74

Declaration of Chris Davis . Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Related document(s): Response in Opposition to Motion 70 .) (Attachments: # 1 Exhibit 104-110) (Simon, Daniel) (Entered: 03/15/2021)

March 15, 2021 PACER
75

Declaration of Marlon Marion . Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Related document(s): Response in Opposition to Motion 70 .) (Attachments: # 1 Exhibit 111-117) (Simon, Daniel) (Entered: 03/15/2021)

1 Exhibit 111-117

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March 15, 2021 RECAP
76

Declaration of LeAnn Barnet . Filed by City of Portland, Chuck Lovell, Ted Wheeler. (Related document(s): Response in Opposition to Motion 70 .) (Simon, Daniel) (Entered: 03/15/2021)

March 15, 2021 PACER
77

Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim . Filed by Ted Wheeler, Chuck Lovell, City of Portland. (Simon, Daniel) (Entered: 03/15/2021)

March 15, 2021 RECAP
78

Declaration of Timothy Lichatowich with Exhibit 300 to 343. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Multnomah County, Michael Reese. (Related document(s): Response in Opposition to Motion 67 .) (Gilmore, Christopher) (Entered: 03/15/2021)

March 15, 2021 PACER
79

Exhibits 104, 105, and 107-110 re Declaration of Chris Davis 74 . This filing includes a conventionally filed USB drive. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF.. Filed by City of Portland, Chuck Lovell, Ted Wheeler. (joha) (Entered: 03/19/2021)

March 18, 2021 RECAP
80

Scheduling Order - At the Plaintiffs' unopposed request, Plaintiffs' reply in support of their Motion for Preliminary Injunction (ECF 35 ) is due by April 30, 2021. Plaintiffs' responses to Defendants' pending Motions to Dismiss (ECF 54, 55, 65, 66, & 77 ) are due by April 30, 2021. Defendants City of Portland, Chuck Lovell, Ted Wheeler, and Terri Davie's reply in support of their Motion to Dismiss (ECF 77 ) is due by June 1, 2021. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/22/2021)

March 22, 2021 PACER

1 - Scheduling

March 22, 2021 PACER
81

Scheduling Order - Defendants Multnomah County, Michael Reese, Chad Wolf, Donald Washington, and Alejandro Mayorkas' unopposed request for an extension of time to file replies in support of their pending motions to dismiss (ECF 54, 65,& 66 ) is GRANTED. Replies are due by June 1, 2021. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/24/2021)

March 24, 2021 PACER

1 - Scheduling

March 24, 2021 PACER
82

Notice of Attorney Withdrawal: Anthony Pinggera Filed by All Plaintiffs. (Clarke, John) (Entered: 04/08/2021)

April 8, 2021 RECAP
83

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Alexandra M. Robertson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8047408. Filed by All Plaintiffs. (Robertson, Alexandra) (Entered: 04/20/2021)

April 20, 2021 PACER
84

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Corrigan L. Lewis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8047440. Filed by All Plaintiffs. (Lewis, Corrigan) (Entered: 04/20/2021)

April 20, 2021 PACER

State / Territory: Oregon

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Key Dates

Filing Date: Nov. 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four Portland, Oregon residents with disabilities and the organization Disability Rights Oregon in its capacity as the federally mandated protection and advocacy system for people with disabilities in the state of Oregon.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Portland (Portland, Oregon), City

United States Marshals Service (- United States (national) -), Federal

Multnomah County (Multnomah, Oregon), County

Oregon State Police (Oregon), State

United States Department of Homeland Security (- United States (national) -), Federal

City of Portland (Portland, Multnomah), City

Multnomah County (Multnomah), County

State of Oregon, State

U.S. Department of Justice, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Ex Parte Young (Federal) or Bivens

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

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

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Disparate Impact

Disparate Treatment

Effective Communication (ADA)

Excessive force

Gay/lesbian/transgender

Pepper/OC spray

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Gender identity

Disability:

disability, unspecified

Hearing impairment

Mental impairment

Mobility impairment

Visual impairment

Mental Disability:

Mental Illness, Unspecified