Case: Wolfe v. Portland

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

Filed Date: Nov. 1, 2020

Case Ongoing

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Case Summary

This case involved allegations that local, state, and federal law enforcement failed to accommodate people with disabilities during public assemblies and protests. On November 1, 2020, 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). Defendants included the Secretary of the U.S. Department of Homeland Security, the Director of the U.S. Marshals, the Superintendent of the Oregon St…

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

On November 1, 2020, 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). 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 on November 3, 2020.

The plaintiffs had participated in or been present for racial justice protests that took place in Portland as part of the nationwide racial justice movement following the murder of George Floyd. They presented four central 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, by both misgendering individuals and refusing to house protesters in law enforcement custody according to their gender identity.

The plaintiffs claimed that the defendants’ actions (1) chilled the exercise of their First Amendment rights to assembly and protest, (2) violated Title II of the ADA and Section 504 of the Rehabilitation Act, and (3) violated their rights under the First, Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution by subjecting them to unnecessary harm and discrimination, abridging their freedom of speech, subjecting them to excessive force, and denying them due process and equal protection of the law. The plaintiffs sought declaratory relief and injunctive relief to modify police practices to address the 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 protesters of alternative paths of escape before dispersing crowds.

On March 15, 2021, the defendants filed multiple motions to dismiss. 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 that they were entitled to 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, namely 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 the 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 already been enacted into law in Oregon. The court also found that, with respect to their ADA and Rehabilitation Act claims, the plaintiffs had not alleged that the defendants acted with deliberate indifference. Additionally, the mayor and chief of police could not be held liable in their official capacities under § 1983, and the plaintiffs failed to state a claim for municipal liability or against the county and county sheriff under § 1983. Because the court granted the defendants' motions to dismiss, the plaintiffs' motion for a preliminary injunction was denied as moot. 566 F.Supp.3d 1069.

Two of the original named plaintiffs, joined by a third individual who acted as a guide for one of the plaintiffs, filed an amended complaint on December 10, 2021 against only the City of Portland and Multnomah County and reasserted their Title II and Section 504 claims.

On January 10, 2022, both defendants moved separately to dismiss the complaint. The City moved to dismiss the plaintiffs’ claims for injunctive relief for lack of standing, while the County moved to dismiss them for lack of standing or mootness. Both defendants moved to dismiss the claims for compensatory damages on the ground that the plaintiffs failed to sufficiently allege deliberate indifference. Both defendants also argued that the plaintiffs had failed to state a claim. The plaintiffs, for their part, argued that they had sufficiently alleged injury under the “deterrent effect doctrine,” under which injury in fact can be satisfied in ADA cases by showing that the plaintiff was deterred from attempting to visit a location or use a service because of alleged ADA noncompliance.

On June 10, 2022, the court granted the motions to dismiss and dismissed the case with prejudice. In granting the motions, the court disagreed with the plaintiffs that the deterrent effect doctrine was applicable in this case. The court found that the plaintiffs had failed to allege the existence of any barrier that would likely cause the plaintiffs injury upon their return to the facility or reasonably deter them from returning. The court dismissed the plaintiffs’ claims for compensatory and punitive damages because they failed to allege deliberate indifference, the Ninth Circuit standard for proving the requisite intentional discrimination to recover monetary damages under the ADA. 2022 WL 2105979.

The plaintiffs appealed the district court’s order granting the defendants’ motions to dismiss to the Ninth Circuit Court of Appeals on July 5, 2022.

On August 30, 2023, a Ninth Circuit panel, consisting of Circuit Judge Mark J. Bennett, Circuit Judge Lawrence VanDyke, and Circuit Judge Holly A. Thomas, found that District Court correctly concluded that the plaintiffs’ claims for declaratory and injunctive relief were mooted by intervening events and that their claims for Rehabilitation Act and ADA compensatory damages insufficiently pleaded deliberate indifference. 2023 WL 5608993 (2023).

This case is closed.

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Summary Authors

Rachel Harrington (2/19/2021)

Eric Gripp (7/31/2021)

Ethan Haughie (2/21/2022)

Stephanie Kim (5/19/2023)

Andrew Eslich (10/19/2023)

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)

Attorney for Plaintiff

Campbell, Bruce L. (Oregon)

Clarke, John C. (Oregon)

Attorney for Defendant

Baumchen, Drew K (Oregon)

Bokern, Jordan Von (Oregon)

Clendenen, Michael Patrick (District of Columbia)

Judge(s)

Simon, Michael Howard (Oregon)

Attorney for Plaintiff

Campbell, Bruce L. (Oregon)

Clarke, John C. (Oregon)

Cooper, Emily R. (Oregon)

Fox, Timothy Patrick (Colorado)

Gonzales Morales, Pilar (Colorado)

Gonzalez Morales, Maria Del Pilar (California)

Hamme, Brendan (California)

Knauf, Christopher (California)

Lewis, Corrigan L (Oregon)

Lewis, Kenneth Clayton (Oregon)

Morales, Maria del (Oregon)

Peck, Rian (Oregon)

Pinggera, Anthony C (California)

Robertson, Amy Farr (Colorado)

Robertson, Alexandra M (Oregon)

Runkles-Pearson, P.K. (Oregon)

Stenson, Thomas (Oregon)

Attorney for Defendant

Baumchen, Drew K (Oregon)

Bokern, Jordan Von (Oregon)

Clendenen, Michael Patrick (District of Columbia)

Cutler, David G. (Oregon)

Gilmore, Christopher A (Oregon)

Greene, Glenn (Oregon)

Law, Linda S (Oregon)

Schneider, Jill (Oregon)

Simon, Daniel A. (Oregon)

Vu, Linh T (Oregon)

Woodard, Elizabeth C (Oregon)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:20-cv-01882	Docket [PACER]	July 26, 2021	July 26, 2021 Docket
1 3:20-cv-01882	Complaint for Declaratory, Injunctive Relief, and Damages	Nov. 1, 2020	Nov. 1, 2020 Complaint
143 3:20-cv-01882	Opinion and Order Wolfe v. City of Portland	Oct. 8, 2021	Oct. 8, 2021 Order/Opinion 566 F.Supp.3d 1069
150 3:20-cv-01882	First Amended Complaint Wolfe v. City of Portland	Dec. 10, 2021	Dec. 10, 2021 Complaint
152 3:20-cv-01882	Defendant Multnomah County's Motion to Dismiss Wolfe v. City of Portland	Jan. 10, 2022	Jan. 10, 2022 Pleading / Motion / Brief
159 3:20-cv-01882	Opinion and Order	June 10, 2022	June 10, 2022 Order/Opinion 2022 WL 2105979
163 3:20-cv-01882	USCA Memorandum/Opinion	Aug. 30, 2023	Aug. 30, 2023 Order/Opinion 2023 WL 5608993
163 3:20-cv-01882	USCA Memorandum/Opinion	Aug. 30, 2023	Aug. 30, 2023 Order/Opinion 2023 WL 5608993
163 3:20-cv-01882	Memorandum Wolfe v. City of Portland U.S. Court of Appeals for the Ninth Circuit	Aug. 30, 2023	Aug. 30, 2023 Order/Opinion 2023 WL 5608993

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Resources

Title	Description		External URL Date / 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	Nov. 2, 2020 https://creeclaw.org/...

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Docket

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

Last updated March 8, 2025, 10:04 a.m.

ECF Number	Description	Date	Link 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 View on PACER	Nov. 1, 2020	Nov. 1, 2020 RECAP
2	Corporate Disclosure Statement Disability Rights Oregon. Filed by All Plaintiffs. (Clarke, John) (Entered: 11/02/2020)	Nov. 2, 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	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	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	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	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	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	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	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	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	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	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	Nov. 2, 2020 RECAP
	Clerk's Review of Pro Hac Vice Motion	Nov. 2, 2020	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	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 View on PACER 2 Reese Summons View on PACER 3 Multnomah County Summons View on PACER 4 Lovell Summons View on PACER 5 Hampton Summons View on PACER 6 Wheeler Summons View on PACER 7 City of Portland Summons View on PACER 8 Washington individual Summons View on PACER 9 Washington official Summons View on PACER	Nov. 4, 2020	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	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	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	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	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	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	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	Nov. 17, 2020 PACER
	Leave to Appear Pro Hac Vice	Nov. 17, 2020	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	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	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	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	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	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	Nov. 30, 2020 PACER
	Clerk's Review of Pro Hac Vice Motion	Nov. 30, 2020	Nov. 30, 2020 PACER
	Leave to Appear Pro Hac Vice	Nov. 30, 2020	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	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	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	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	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	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	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	Jan. 6, 2021 PACER
	Order on Motion for Extension of Time	Jan. 7, 2021	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	Jan. 14, 2021 PACER
	1 - Scheduling	Jan. 14, 2021	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	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	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	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	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	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	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	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	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	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 View on PACER 2 Exhibit Exhibit 2 View on PACER	Feb. 8, 2021	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	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	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 View on PACER	Feb. 8, 2021	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 View on PACER	Feb. 8, 2021	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	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	Feb. 12, 2021 PACER
	1 - Scheduling	Feb. 12, 2021	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	Feb. 16, 2021 PACER
48	Stipulated Motion for Protective Order . Filed by Terri Davie. (Baumchen, Drew) (Entered: 02/24/2021)	Feb. 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	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	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	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	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	March 12, 2021 PACER
	Order on Motion to File Excess Pages	March 12, 2021	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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 View on RECAP	March 15, 2021	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	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	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	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	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	March 22, 2021 PACER
	1 - Scheduling	March 22, 2021	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	March 24, 2021 PACER
	1 - Scheduling	March 24, 2021	March 24, 2021 PACER
82	Notice of Attorney Withdrawal: Anthony Pinggera Filed by All Plaintiffs. (Clarke, John) (Entered: 04/08/2021)	April 8, 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	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	April 20, 2021 PACER

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Case Details

State / Territory: Oregon

Case Type(s):

Policing

Disability Rights

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):

Private Plaintiff

Non-profit NON-religious organization

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

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