Case: O'Hara v. Beck

1:25-cv-03753 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 23, 2025

Case Ongoing

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Case Summary

This is a case challenging the arrest and treatment of a protester by the National Guard and local law enforcement. On October 23, 2025, a protester filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the District of Columbia, an Ohio National Guard member, and four local officers, all named in their individual capacities, asserting violations of the First and Fourth Amendments and D.C. common law. Represented by the ACLU, the plaintiff alleged that wh…

This is a case challenging the arrest and treatment of a protester by the National Guard and local law enforcement.

On October 23, 2025, a protester filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the District of Columbia, an Ohio National Guard member, and four local officers, all named in their individual capacities, asserting violations of the First and Fourth Amendments and D.C. common law. Represented by the ACLU, the plaintiff alleged that while peacefully protesting the National Guard’s deployment by recording interactions and playing The Imperial March, he was threatened by the Guard member and detained by local officers without legal justification. He further alleged that the officers handcuffed him tightly, causing pain. The plaintiff sought declaratory relief, damages, and attorney’s fees. The case was assigned to District Judge Timothy J. Kelly.

On February 20, 2026, the district defendants (D.C. and the local officers) moved for a partial stay of their deadlines. They argued that a partial stay would allow them to produce records requested by the plaintiff and finalize their settlement agreement. Three days later, the court granted the district defendants' motion for a partial stay, ordering the defendants to file a joint status report by May 22, 2026.

On April 14, 2026, the Guard member defendant filed a motion to dismiss for failure to state a claim and insufficient service of process. He argued that the plaintiff did not plausibly plead action under color of state or district law and that he was entitled to qualified immunity.

On May 21, 2026, the plaintiff and district defendants filed a joint status report, seeking a thirty-day extension of the partial stay to finalize their settlement agreement. The next day, the court granted the thirty-day extension.

On June 25, 2026, the plaintiff notified the court that he had reached a settlement agreement with the district defendants. The parties agreed that the plaintiff would file a notice of voluntary dismissal with prejudice within three business days of receiving the settlement payment of $50,000 from the district defendants.

As of late July 2026, the plaintiff has not yet filed a notice of voluntary dismissal. Once such notice is filed, the case will continue with the Guard member defendant.

Summary Authors

Alexis Gil (8/19/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71730267/parties/ohara-v-beck/

Judge(s)

Kelly, Timothy James (District of Columbia)

Attorney for Plaintiff

Michelman, Scott (District of Columbia)

Perloff, Michael Krevans (District of Columbia)

Attorney for Defendant

Finkhousen, Aaron Josiah (District of Columbia)

Simons, Zachary Clayton (District of Columbia)

Judge(s)

Kelly, Timothy James (District of Columbia)

Attorney for Plaintiff

Michelman, Scott (District of Columbia)

Perloff, Michael Krevans (District of Columbia)

Attorney for Defendant

Finkhousen, Aaron Josiah (District of Columbia)

Simons, Zachary Clayton (District of Columbia)

Tracy, Brian Christopher (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-03753	Complaint for Damages and Declaratory Relief	Oct. 23, 2025	Oct. 23, 2025 Complaint
19 1:25-cv-03753	District Defendants’ Consent Motion For A Partial Stay O'Hara v. District of Columbia et al.	Feb. 20, 2026	Feb. 20, 2026 Pleading / Motion / Brief
22 1:25-cv-03753	Motion To Dismiss And Memorandum In Support Thereof O'Hara v. Beck et al.	April 14, 2026	April 14, 2026 Pleading / Motion / Brief
24 1:25-cv-03753	Joint Status Report By Plantiff And Defendants District Of Columbia, Officers Campbell, Brown, Reyes-Benigno, And Martinez O'Hara v. District of Columbia et al.	May 21, 2026	May 21, 2026 Pleading / Motion / Brief
27 1:25-cv-03753	Notice of Settlement O'Hara v. Beck et al.	June 25, 2026	June 25, 2026 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71730267/ohara-v-beck/

Last updated Sept. 23, 2026, 5:36 a.m.

Docket for: O'HARA v. BECK

ECF Number	Date	Description	Link
1	Oct. 23, 2025	COMPLAINT against DEVON BECK, TIFFANY BROWN, JM CAMPBELL, DISTRICT OF COLUMBIA, ALFONSO LOPEZ MARTINEZ, EDWARD REYES-BENIGNO with Jury Demand ( Filing fee $ 405 receipt number ADCDC-12038140) filed by DEVON BECK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Perloff, Michael) (Entered: 10/23/2025) 1 Civil Cover Sheet View on RECAP 2 Summons View on RECAP 3 Summons View on RECAP 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER	Clearinghouse
2	Oct. 23, 2025	SEALED DOCUMENT filed by SAM OHARA(This document is SEALED and only available to authorized persons.)(Perloff, Michael) (Entered: 10/23/2025)	RECAP
3	Oct. 23, 2025	SUMMONS (7) Issued Electronically as to All Defendants, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 10/23/2025) 1 Notice and Consent View on RECAP	RECAP
	Oct. 23, 2025	Case Assigned/Reassigned
	Oct. 23, 2025	Case Assigned to Judge Timothy J. Kelly. (zhcn)
4	Oct. 31, 2025	NOTICE of Appearance by Michael Krevans Perloff on behalf of SAM O'HARA (Perloff, Michael) (Entered: 10/31/2025)	RECAP
5	Oct. 31, 2025	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 10/31/2025. Answer due for ALL D.C. DEFENDANTS by 11/21/2025. (Perloff, Michael) (Entered: 10/31/2025)	RECAP
6	Oct. 31, 2025	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 10/31/2025. (Perloff, Michael) (Entered: 10/31/2025)	RECAP
7	Nov. 3, 2025	STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 11/3/2025. (lctjk3) (Entered: 11/03/2025)	RECAP
8	Nov. 18, 2025	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by TIFFANY BROWN, DISTRICT OF COLUMBIA. (Finkhousen, Aaron) (Entered: 11/18/2025)	RECAP
	Nov. 20, 2025	MINUTE ORDER: For the reasons given in Defendant District of Columbia's 8 Consent Motion for Extension of Time, and because Plaintiff consents, it is hereby ORDERED that the deadline for Defendants District of Columbia, Jim Campbell, Tiffany Brown, Edward Reyes-Benigno, and Alfonso Lopez Martinez to file an answer is EXTENDED from November 21, 2025 to January 9, 2026. Signed by Judge Timothy J. Kelly on 11/20/2025. (lctjk3)
	Nov. 20, 2025	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines
9	Dec. 24, 2025	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEVON BECK served on 12/20/2025, answer due 1/10/2026 (Perloff, Michael) (Entered: 12/24/2025)	RECAP
10	Jan. 5, 2026	WAIVER OF SERVICE. JM CAMPBELL waiver sent on 12/13/2025, answer due 2/11/2026. (Finkhousen, Aaron) (Main Document 10 replaced on 1/6/2026) (znmw). (Entered: 01/05/2026)	RECAP
11	Jan. 5, 2026	WAIVER OF SERVICE. ALFONSO LOPEZ MARTINEZ waiver sent on 12/13/2025, answer due 2/11/2026. (Finkhousen, Aaron) (Main Document 11 replaced on 1/6/2026) (znmw). (Entered: 01/05/2026)	RECAP
12	Jan. 5, 2026	WAIVER OF SERVICE. EDWARD REYES-BENIGNO waiver sent on 12/13/2025, answer due 2/11/2026. (Finkhousen, Aaron) (Main Document 12 replaced on 1/6/2026) (znmw). (Entered: 01/05/2026)	RECAP
13	Jan. 5, 2026	Consent MOTION for Extension of Time to File Answer re 1 Complaint, Second Consent Motion by TIFFANY BROWN, JM CAMPBELL, DISTRICT OF COLUMBIA, ALFONSO LOPEZ MARTINEZ, EDWARD REYES-BENIGNO. (Finkhousen, Aaron) (Entered: 01/05/2026)	RECAP
	Jan. 6, 2026	MINUTE ORDER: For the reasons given in the 13 Consent Motion for Extension of Time from Defendants Brown, Campbell, Martinez, Reyes-Benigno, and the District of Columbia, and because Plaintiff consents to the relief sought, it is hereby ORDERED that the 13 Consent Motion is GRANTED. It is further ORDERED that the deadline for the aforementioned Defendants to file an answer is EXTENDED from January 9, 2026 to February 9, 2026. Signed by Judge Timothy J. Kelly on 1/6/2026. (lctjk3)
	Jan. 6, 2026	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines
14	Jan. 18, 2026	NOTICE of Appearance by Brian Christopher Tracy on behalf of DEVON BECK (Tracy, Brian) (Entered: 01/18/2026)	RECAP
15	Jan. 20, 2026	STATUS REPORT by DEVON BECK. (Attachments: # 1 Text of Proposed Order)(Tracy, Brian) (Entered: 01/20/2026) 1 Text of Proposed Order View on RECAP	RECAP
16	Jan. 21, 2026	NOTICE of Appearance by Scott Michelman on behalf of SAM O'HARA (Michelman, Scott) (Entered: 01/21/2026)	RECAP
17	Jan. 21, 2026	RESPONSE re 15 Status Report OPPOSING REQUESTED RELIEF filed by SAM O'HARA. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 01/21/2026) 1 Text of Proposed Order View on PACER	RECAP
18	Feb. 6, 2026	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by TIFFANY BROWN, JM CAMPBELL, DISTRICT OF COLUMBIA, ALFONSO LOPEZ MARTINEZ, EDWARD REYES-BENIGNO. (Finkhousen, Aaron) (Entered: 02/06/2026)	RECAP
	Feb. 9, 2026	MINUTE ORDER: For the reasons given in the 18 Consent Motion for Extension of Time from Defendants Brown, Campbell, Martinez, Reyes-Benigno, and the District of Columbia, and because Plaintiff consents to the relief sought, it is hereby ORDERED that the 18 Consent Motion is GRANTED. It is further ORDERED that the deadline for the aforementioned Defendants to file an answer is EXTENDED from February 9, 2026, to February 23, 2026. Signed by Judge Timothy J. Kelly on 2/9/2026. (lctjk3)
	Feb. 9, 2026	.Order AND ~Util - Set/Reset Deadlines
	Feb. 9, 2026	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines
	Feb. 9, 2026	Order on Motion for Extension of Time to Answer
	Feb. 9, 2026	MINUTE ORDER: Defendant Beck has filed a 15 Status Report, which, despite its name, moves the Court to order the Plaintiff to effect service under Rule 4(i) on the grounds that Beck is "a United States officer or employee." ECF No. 15 at 2. Plaintiff opposes, pointing out that the proper vehicle to object to service is a Rule 12(b)(5) motion. ECF No. 17. The Court agrees with Plaintiff. Whether Defendant Beck was operating as a state or federal officer at the time of the alleged events is a contested issue that goes as much to the merits of the suit as it does to the question of proper service. Under the circumstances, the course of action that best "secure[s] the just, speedy, and inexpensive determination" of this suit is to provide an extension for Defendant Beck to respond to the complaint. Fed. R. Civ. P. 1. Thus, because Defendant Beck does not argue that he failed to receive actual notice of the suit on December 20, 2025, and because Plaintiff has consented to a 30-day extension, see ECF No. 17, it is hereby ORDERED that Defendant Beck shall, by March 9, 2026, answer or otherwise respond to the complaint. The Court will then resolve any motion to dismiss for lack of proper service under Rule 12(b)(5), should Defendant Beck choose to file one. Signed by Judge Timothy J. Kelly on 2/9/2026. (lctjk3)
	Feb. 9, 2026	Order
	Feb. 9, 2026	Set/Reset Deadlines: Answer due by 2/23/2026. (zkh)
	Feb. 9, 2026	Set/Reset Deadlines
19	Feb. 20, 2026	Consent MOTION to Stay Partial Stay by TIFFANY BROWN, JM CAMPBELL, DISTRICT OF COLUMBIA, ALFONSO LOPEZ MARTINEZ, EDWARD REYES-BENIGNO. (Finkhousen, Aaron) (Entered: 02/20/2026)	Clearinghouse
	Feb. 23, 2026	MINUTE ORDER: For the reasons given in the 19 Consent Motion to Stay filed by Defendants Brown, Campbell, Martinez, Reyes-Benigno, and the District of Columbia, and because staying the proceeding as to those Defendants during settlement talks would properly save "time and effort" for all involved, see Landis v. N. Am. Co., 299 U.S. 248, 254 (1936), it is hereby ORDERED that all deadlines as to the aforementioned Defendants are STAYED until May 25, 2026. It is further ORDERED that Plaintiff and the aforementioned Defendants shall file a joint status report by May 22, 2026, informing the Court of how they wish to proceed. Signed by Judge Timothy J. Kelly on 2/23/2026. (lctjk3)
	Feb. 23, 2026	Order on Motion to Stay AND Set/Reset Deadlines
	Feb. 23, 2026	Order on Motion to Stay
20	March 5, 2026	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEVON BECK. (Attachments: # 1 Text of Proposed Order)(Tracy, Brian) (Entered: 03/05/2026)	RECAP
	March 6, 2026	MINUTE ORDER: For the reasons given in the 20 Consent Motion for Extension of Time by Defendant Beck, and because Plaintiff consents to the relief sought, it is hereby ORDERED that the 20 Consent Motion is GRANTED. It is further ORDERED that Defendant Beck shall, by March 15, 2026, answer or otherwise respond to the complaint. It is further ORDERED that in the event Defendant Beck files a motion to dismiss, Plaintiff shall file his opposition by April 15, 2026, and Defendant Beck shall file his reply by April 29, 2026. Signed by Judge Timothy J. Kelly on 3/6/2026. (lctjk3)
	March 6, 2026	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines
	March 6, 2026	Order on Motion for Extension of Time to Answer
	March 6, 2026	Set/Reset Deadlines: If necessary, Response to Dispositive Motion due by 4/15/2026. Reply to Dispositive Motion due by 4/29/2026. (zkh)
	March 6, 2026	Set/Reset Deadlines
21	March 12, 2026	Joint MOTION for Extension of Time to File Answer re 1 Complaint, by DEVON BECK. (Attachments: # 1 Text of Proposed Order)(Tracy, Brian) (Entered: 03/12/2026)	RECAP
	March 16, 2026	MINUTE ORDER: For the reasons given in the 21 Joint Motion for Extension of Time by Defendant Beck, and because Plaintiff consents to the relief sought, it is hereby ORDERED that the 21 Consent Motion is GRANTED. It is further ORDERED that Defendant Beck shall, by April 14, 2026, answer or otherwise respond to the complaint. It is further ORDERED that in the event Defendant Beck files a motion to dismiss, Plaintiff shall file his opposition by May 14, 2026, and Defendant Beck shall file his reply by May 28, 2026. Signed by Judge Timothy J. Kelly on 3/16/2026. (lctjk3)
	March 16, 2026	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines
	March 16, 2026	Order on Motion for Extension of Time to Answer
22	April 14, 2026	MOTION to Dismiss claims against Defendant Beck by DEVON BECK. (Attachments: # 1 Exhibit A - Doane Declaration, # 2 Exhibit B - SECDEF Memo, # 3 Exhibit C - JP 3-28, # 4 Exhibit D - JTF-DC MOU, # 5 Text of Proposed Order)(Tracy, Brian) (Entered: 04/14/2026) 1 Exhibit A - Doane Declaration View on PACER 2 Exhibit B - SECDEF Memo View on RECAP 3 Exhibit C - JP 3-28 View on RECAP 4 Exhibit D - JTF-DC MOU View on RECAP 5 Text of Proposed Order View on PACER	Clearinghouse
23	May 6, 2026	Consent MOTION for Extension of Time to File Opposition to Defendant Beck's Motion To Dismiss by SAM O'HARA. (Attachments: # 1 Text of Proposed Order)(Perloff, Michael) (Entered: 05/06/2026)	RECAP
	May 7, 2026	MINUTE ORDER: For the reasons given in Plaintiff's 23 Consent Motion for Extension of Time, and because Defendant Beck consents to the relief sought, it is hereby ORDERED that the 23 Consent Motion is GRANTED. It is further ORDERED that Plaintiff shall file his opposition to Defendant Beck's 22 Motion to Dismiss by June 15, 2026, and Defendant Beck shall file his reply in support by June 29, 2026. Signed by Judge Timothy J. Kelly on 5/7/2026. (lctjk3)
	May 7, 2026	Order on Motion for Extension of Time to AND Set/Reset Deadlines
24	May 21, 2026	Joint STATUS REPORT by TIFFANY BROWN, JM CAMPBELL, DISTRICT OF COLUMBIA, ALFONSO LOPEZ MARTINEZ, EDWARD REYES-BENIGNO. (Finkhousen, Aaron) (Entered: 05/21/2026)	Clearinghouse
	May 22, 2026	MINUTE ORDER: For the reasons set forth in the parties' 24 Joint Status Report, and because staying the proceeding would save "time and effort" in light of the fact that the parties have reached a settlement agreement, Landis v. N. Am. Co., 299 U.S. 248, 254 (1936), it is hereby ORDERED that all deadlines as to Defendants Brown, Campbell, Martinez, Reyes-Benigno, and the District of Columbia shall remain STAYED until June 25, 2026. Signed by Judge Timothy J. Kelly on 5/22/2026. (lctjk3)
	May 22, 2026	.Order AND ~Util - Set/Reset Deadlines
25	June 10, 2026	MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss claims against Defendant Beck by SAM O'HARA. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 06/10/2026) 1 Text of Proposed Order View on PACER	RECAP
	June 10, 2026	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines
	June 10, 2026	Order on Motion for Extension of Time to File Response/Reply
	June 10, 2026	MINUTE ORDER: For the reasons set forth in Plaintiff O'Hara's 25 Motion for Extension of Time, and because Defendants consent to the relief sought, it is hereby ORDERED that the 25 Motion is GRANTED. It is further ORDERED that Plaintiff O'Hara shall file his opposition to Defendant Beck's 22 Motion to Dismiss by June 18, 2026. It is further ORDERED that Defendant Beck shall file his reply by July 2, 2026. Signed by Judge Timothy J. Kelly on 6/10/2026. (lctjk3)
26	June 18, 2026	Memorandum in opposition to re 22 MOTION to Dismiss claims against Defendant Beck filed by SAM O'HARA. (Attachments: # 1 Text of Proposed Order)(Perloff, Michael) (Entered: 06/18/2026) 1 Text of Proposed Order View on PACER	RECAP
27	June 25, 2026	NOTICE of Settlement as to D.C. Defendants by SAM O'HARA (Michelman, Scott) (Entered: 06/25/2026)	Clearinghouse
28	June 28, 2026	Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss claims against Defendant Beck by DEVON BECK. (Attachments: # 1 Text of Proposed Order)(Tracy, Brian) (Entered: 06/28/2026) 1 Text of Proposed Order View on PACER	RECAP
	June 30, 2026	Set/Reset Deadlines
	June 30, 2026	.Order
	June 30, 2026	MINUTE ORDER: For the reasons set forth in Defendant Beck's 28 Motion for Extension of Time, and because Plaintiff consents to the relief sought, it is hereby ORDERED that the 28 Motion is GRANTED. It is further ORDERED that Defendant Beck shall file his reply to Plaintiff's Memorandum in Opposition 26 by July 18, 2026. Signed by Judge Timothy J. Kelly on 06/30/2026. (lctjk3)
	June 30, 2026	Set/Reset Deadlines: Defendant Beck's Reply due by 7/18/2026. (zkh)
29	July 18, 2026	REPLY to opposition to motion re 22 Motion to Dismiss, filed by DEVON BECK. (Tracy, Brian) (Entered: 07/18/2026)	RECAP
30	July 20, 2026	NOTICE OF SUBSTITUTION OF COUNSEL by Zachary Clayton Simons on behalf of DEVON BECK Substituting for attorney Brian Christopher Tracy (Simons, Zachary) (Entered: 07/20/2026)	RECAP
31	Aug. 21, 2026	Notice of Voluntary Dismissal/Party	RECAP