Case: Hilton v. Noem

2:26-cv-00092 | U.S. District Court for the District of Maine

Filed Date: Feb. 23, 2026

Case Ongoing

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Case Summary

The plaintiffs in this case are two lifelong residents of Maine who are engaged in political activity amidst the federal government's aggressive deportation campaign throughout the country. Both allege that they had their faces scanned and other personal data collected, have been added to one or more government “databases” or “watchlists,” and have been told by government agents that they are “domestic terrorists.” Plaintiff Elinor Hilton claimed that an Immigration and Customs Enforcement (ICE) told her, “If you keep coming to things like this, you are going to be on a domestic terrorist watchlist. Then we’re going to come to your house later tonight." Both allege that they are being targeted by ICE for engaging in protected and lawful protest activity,

Accordingly, they brought this class action lawsuit on behalf of the following proposed class: "All individuals who have exercised or will exercise their constitutional right to peacefully observe or record immigration enforcement operations conducted by Defendants in the District of Maine and whose biometric data or other personal information is or will be collected and maintained by Defendants because of that activity." The putative class brought suit through the First Amendment of the United States Constitution. Represented by Protect Democracy, this case was filed in the District Court of Maine and assigned to John A. Woodcock Jr. The plaintiffs requested that any record collected or maintained about the class members during protests be expunged.

On February 23, the plaintiffs moved for a temporary restraining order (TRO) barring Defendants, their officers, officials, agents, servants, employees, attorneys, and all persons acting in concert or participation with them, from engaging in the unconstitutional collection, maintenance, and dissemination of records based on First Amendment-protected activity and from threatening, harassing, and otherwise retaliating against Plaintiffs and other Class Members for exercising their First Amendment rights.

This case is ongoing.

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Summary Authors

Jinan Abufarha (2/28/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72313728/parties/hilton-v-noem/

Judge(s)

Attorney for Plaintiff

ATKINSON, LAWRENCE RUSH (Maine)

BARKAI, YOTAM (Maine)

CABRANES, BENJAMIN (Maine)

DUNN, KAREN L. (Maine)

HEWEY, MELISSA A. (Maine)

Attorney for Defendant

Judge(s)

Woodcock, John A. (Maine)

Attorney for Plaintiff

ATKINSON, LAWRENCE RUSH (Maine)

BARKAI, YOTAM (Maine)

CABRANES, BENJAMIN (Maine)

DUNN, KAREN L. (Maine)

HEWEY, MELISSA A. (Maine)

KALLIN, DAVID M. (Maine)

LOPEZ, JANINE MARIE (Maine)

MARSDEN, JESSICA (Maine)

NADEAU, GENEVIEVE (Maine)

PAREDES, ERIC JOHN (Maine)

PARRENO, KENNETH (Maine)

RHEE, JEANNIE S. (Maine)

SURIANI, JOANNA BARBARA (Maine)

Attorney for Defendant

OSBORN, JOHN G. (Maine)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:26-cv-00092	Class Action Complaint for Declaratory and Injunctive Relief	Feb. 23, 2026	Feb. 23, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72313728/hilton-v-noem/

Last updated Feb. 28, 2026, 9:48 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by COLLEEN FAGAN, ELINOR HILTON. (Service of Process Deadline 5/26/2026) Fee due by 2/25/2026.(cjd) (Entered: 02/23/2026)	Feb. 23, 2026	Feb. 23, 2026 Clearinghouse
2	CIVIL COVER SHEET. (cjd) (Entered: 02/23/2026)	Feb. 23, 2026	Feb. 23, 2026
3	MOTION for Temporary Restraining Order by COLLEEN FAGAN, ELINOR HILTON (Attachments: # 1 Declaration of Elinor Hilton, # 2 Exhibit 1 to Hilton Declaration (video exhibit), # 3 Exhibit 2 to Hilton Declaration (video exhibit), # 4 Exhibit 3 to Hilton Declaration (video exhibit), # 5 Declaration of Colleen Fagan, # 6 Exhibit 1 to Fagan Declaration (video exhibit))(cjd) (Entered: 02/23/2026) 1 Declaration of Elinor Hilton View on RECAP 2 Exhibit 1 to Hilton Declaration (video exhibit) View on RECAP 3 Exhibit 2 to Hilton Declaration (video exhibit) View on RECAP 4 Exhibit 3 to Hilton Declaration (video exhibit) View on RECAP 5 Declaration of Colleen Fagan View on RECAP 6 Exhibit 1 to Fagan Declaration (video exhibit) View on RECAP	Feb. 23, 2026	Feb. 23, 2026 RECAP
4	DECLARATION OF MELISSA HEWEY filed by COLLEEN FAGAN, ELINOR HILTON re 3 Motion for TRO. (Attachments: # 1 Exhibit 1 Article: Alex Nitzberg & Griff Jenkins, # 2 Exhibit 2 Article: Jon Chrisos & Cate McCusker,, # 3 Exhibit 3 Article: Alfred Ng, # 4 Exhibit 4 -- Article: Michelle Hackman, Arian Campo-Flores and Hannah Critchfield, # 5 Exhibit 5 Article: Sheera Frenkel & Aaron Krolik, # 6 Exhibit 6 U.S. Dept of Homeland Sec, # 7 Exhibit 7 -- Ken Klippenstein,, # 8 Exhibit 8 -- Ken Klippenstein, # 9 Exhibit 9 -- Joseph Cox, # 10 Exhibit 10 -- Anthony Kimery, # 11 Exhibit 11 -- Peter McGuire, # 12 Exhibit 12 Link for Anderson Cooper (video exhibit), # 13 Exhibit 13 -- Callie Ferguson, # 14 Exhibit 14 -- Salome Cloteaux, Dana Richie,, # 15 Exhibit 15 -- Grace Bellinghausen, # 16 Exhibit 16 -- Matthew Cunningham-Cook, # 17 Exhibit 17 The Glenn Beck Program, # 18 Exhibit 18 -- Matthew Cunningham-Cook,, # 19 Exhibit 19 -- Sarah Fortinsky, # 20 Exhibit 20 -- Stephen Miller, # 21 Exhibit 21 -- Ted Hesson, Kristina Cooke & Brad Heath, # 22 Exhibit 22 -- Ken Klippenstein,, # 23 Exhibit 23 -- Jeff Winter & Priscilla Alvarez)(cjd) (Entered: 02/23/2026) 1 Exhibit 1 Article: Alex Nitzberg & Griff Jenkins View on PACER 2 Exhibit 2 Article: Jon Chrisos & Cate McCusker, View on PACER 3 Exhibit 3 Article: Alfred Ng View on PACER 4 Exhibit 4 -- Article: Michelle Hackman, Arian Campo-Flores and Hannah Critchfie View on PACER 5 Exhibit 5 Article: Sheera Frenkel & Aaron Krolik View on PACER 6 Exhibit 6 U.S. Dept of Homeland Sec View on PACER 7 Exhibit 7 -- Ken Klippenstein, View on PACER 8 Exhibit 8 -- Ken Klippenstein View on PACER 9 Exhibit 9 -- Joseph Cox View on PACER 10 Exhibit 10 -- Anthony Kimery View on PACER 11 Exhibit 11 -- Peter McGuire View on PACER 12 Exhibit 12 Link for Anderson Cooper (video exhibit) View on PACER 13 Exhibit 13 -- Callie Ferguson View on RECAP 14 Exhibit 14 -- Salome Cloteaux, Dana Richie, View on PACER 15 Exhibit 15 -- Grace Bellinghausen View on PACER 16 Exhibit 16 -- Matthew Cunningham-Cook View on PACER 17 Exhibit 17 The Glenn Beck Program View on PACER 18 Exhibit 18 -- Matthew Cunningham-Cook, View on PACER 19 Exhibit 19 -- Sarah Fortinsky View on PACER 20 Exhibit 20 -- Stephen Miller View on PACER 21 Exhibit 21 -- Ted Hesson, Kristina Cooke & Brad Heath View on PACER 22 Exhibit 22 -- Ken Klippenstein, View on PACER 23 Exhibit 23 -- Jeff Winter & Priscilla Alvarez View on PACER	Feb. 23, 2026	Feb. 23, 2026
5	ADDITIONAL ATTACHMENTS (Exhibits 24-46) filed by COLLEEN FAGAN, ELINOR HILTON re 4 Declaration of Melissa Hewey.. (Attachments: # 1 Exhibit 25 -- Judge restricts federal agents from using tear gas, projectile munitions at Portland immigration protests, # 2 Exhibit 26 -- Memorandum from Attorney General Pam Bondi, # 3 Exhibit 27 -- Countering Domestic Terrorism and Organized Political Violence,, # 4 Exhibit 28 link for Kristi Noem says Alex Pretti was a domestic terrorist (video exhibit), # 5 Exhibit 29 -- Jon Collins,, # 6 Exhibit 30 -- Declaration of Nicole Cleveland, # 7 Exhibit 31 -- Declaration of Ryan Doxsey, # 8 Exhibit 32 -- Leah Feiger, # 9 Exhibit 33 -- U.S. Dept of Homeland Sec., # 10 Exhibit 34 Link for DRM News (video exhibit), # 11 Exhibit 35 -- Joseph Cox, # 12 Exhibit 36 -- Joseph Cox, # 13 Exhibit 37 -- Joseph Cox,, # 14 Exhibit 38 -- U.S. Dept of Homeland Sec.,, # 15 Exhibit 39 -- U.S. Dept of Homeland Sec.,, # 16 Exhibit 40 -- : U.S. Govt Accountability Off.,, # 17 Exhibit 41 -- Rachel Ohm,, # 18 Exhibit 42 -- United States Department of Homeland Security, Archived Memorandum, # 19 Exhibit 43 -- Press Release, # 20 Exhibit 44 -- Jonah E. Bromwich,, # 21 Exhibit 45 -- 2025 DHS AI Use Case Inventory, # 22 Exhibit 46 -- Ari Snider)(cjd) (Entered: 02/23/2026) 1 Exhibit 25 -- Judge restricts federal agents from using tear gas, projectile mu View on PACER 2 Exhibit 26 -- Memorandum from Attorney General Pam Bondi View on PACER 3 Exhibit 27 -- Countering Domestic Terrorism and Organized Political Violence, View on PACER 4 Exhibit 28 link for Kristi Noem says Alex Pretti was a domestic terrorist (vi View on PACER 5 Exhibit 29 -- Jon Collins, View on PACER 6 Exhibit 30 -- Declaration of Nicole Cleveland View on PACER 7 Exhibit 31 -- Declaration of Ryan Doxsey View on PACER 8 Exhibit 32 -- Leah Feiger View on PACER 9 Exhibit 33 -- U.S. Dept of Homeland Sec. View on PACER 10 Exhibit 34 Link for DRM News (video exhibit) View on PACER 11 Exhibit 35 -- Joseph Cox View on PACER 12 Exhibit 36 -- Joseph Cox View on PACER 13 Exhibit 37 -- Joseph Cox, View on PACER 14 Exhibit 38 -- U.S. Dept of Homeland Sec., View on PACER 15 Exhibit 39 -- U.S. Dept of Homeland Sec., View on PACER 16 Exhibit 40 -- : U.S. Govt Accountability Off., View on PACER 17 Exhibit 41 -- Rachel Ohm, View on PACER 18 Exhibit 42 -- United States Department of Homeland Security, Archived Memorandu View on PACER 19 Exhibit 43 -- Press Release View on PACER 20 Exhibit 44 -- Jonah E. Bromwich, View on PACER 21 Exhibit 45 -- 2025 DHS AI Use Case Inventory View on PACER 22 Exhibit 46 -- Ari Snider View on RECAP	Feb. 23, 2026	Feb. 23, 2026
6	Summonses Issued as to all Defendants. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons to Todd Lyons, # 2 Summons to John Condon, # 3 Summons to Rodney Scott, # 4 Summons to Michael Banks, # 5 Summons to US Department of Homeland Security, # 6 Summons to US Immigration and Customs Enforcement, # 7 Summons to Homeland Security Investigations, # 8 Summons to US Customs and Border Protection, # 9 Summons US Border Patrol, # 10 Summons to Unidentified Federal Agencies, # 11 Summons to Unidentified Federal Agent)(cjd) Modified on 2/23/2026 (cjd). (Entered: 02/23/2026) 1 Summons to Todd Lyons View on PACER 2 Summons to John Condon View on PACER 3 Summons to Rodney Scott View on PACER 4 Summons to Michael Banks View on PACER 5 Summons to US Department of Homeland Security View on PACER 6 Summons to US Immigration and Customs Enforcement View on PACER 7 Summons to Homeland Security Investigations View on PACER 8 Summons to US Customs and Border Protection View on PACER 9 Summons US Border Patrol View on PACER 10 Summons to Unidentified Federal Agencies View on PACER 11 Summons to Unidentified Federal Agent View on PACER	Feb. 23, 2026	Feb. 23, 2026
7	NOTICE of Docket Entry Modification regarding 6 Summons Issued to correct parties to be served. (cjd) (Entered: 02/23/2026)	Feb. 23, 2026	Feb. 23, 2026
8	NOTICE of Appearance by JOHN G. OSBORN on behalf of All Defendants (OSBORN, JOHN) (Entered: 02/23/2026)	Feb. 23, 2026	Feb. 23, 2026
	Filing Fee Paid via Credit Card ( Filing fee $ 405 receipt number AMEDC-3252899.), filed by COLLEEN FAGAN, ELINOR HILTON.(HEWEY, MELISSA)	Feb. 23, 2026	Feb. 23, 2026
9	NOTICE of Hearing: A telephonic hearing has been scheduled and the parties have been or will be provided the Court's call-in information. Conference of Counsel set for 2/27/2026 02:00 PM by Telephone before JUDGE JOHN A. WOODCOCK JR. (jam) (Entered: 02/24/2026)	Feb. 24, 2026	Feb. 24, 2026
10	CERTIFICATION for Admission Pro Hac Vice of Yotam Barkai, Benjamin Cabranes, Karen Dunn filed by MELISSA A. HEWEY on behalf of All Plaintiffs (Total admission fee $ 600 receipt number AMEDC-3253853.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Benjamin Cabranes, # 2 Karen Dunn)(HEWEY, MELISSA) (Entered: 02/24/2026)	Feb. 24, 2026	Feb. 24, 2026
11	CERTIFICATION for Admission Pro Hac Vice of John Paredes, Jeannie Rhee, Rush Atkinson filed by MELISSA A. HEWEY on behalf of All Plaintiffs (Total admission fee $ 600 receipt number AMEDC-3253860.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Jeannie Rhee, # 2 Rush Atkinson)(HEWEY, MELISSA) (Entered: 02/24/2026)	Feb. 24, 2026	Feb. 24, 2026
12	NOTICE of APPROVAL by Clerk's Office re 10 Certification for Admission Pro Hac Vice and 11 Certification for Admission Pro Hac Vice. Attorneys YOTAM BARKAI, BENJAMIN CABRANES, KAREN L. DUNN, ERIC JOHN GALVEZ PAREDES, JEANNIE S. RHEE, LAWRENCE RUSH ATKINSON for COLLEEN FAGAN and ELINOR HILTON added to this specific case only. (jgd) (Entered: 02/25/2026)	Feb. 25, 2026	Feb. 25, 2026
13	NOTICE of Appearance by DAVID M. KALLIN on behalf of All Plaintiffs (KALLIN, DAVID) (Entered: 02/25/2026)	Feb. 25, 2026	Feb. 25, 2026
14	CERTIFICATION for Admission Pro Hac Vice of Janine Lopez, Jessica Marsden, Genevieve Nadeau filed by MELISSA A. HEWEY on behalf of All Plaintiffs (Total admission fee $ 600 receipt number AMEDC-3254759.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Jessica Marsden, # 2 Genevieve Nadeau)(HEWEY, MELISSA) (Entered: 02/25/2026)	Feb. 25, 2026	Feb. 25, 2026
15	CERTIFICATION for Admission Pro Hac Vice of Kenneth Parreno, JoAnna Suriani filed by MELISSA A. HEWEY on behalf of All Plaintiffs (Total admission fee $ 400 receipt number AMEDC-3254769.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 JoAnna Suriani)(HEWEY, MELISSA) (Entered: 02/25/2026)	Feb. 25, 2026	Feb. 25, 2026
16	NOTICE of APPROVAL by Clerk's Office re 14 Certification for Admission Pro Hac Vice and 15 Certification for Admission Pro Hac Vice. Attorneys JANINE LOPEZ, JESSICA MARSDEN, GENEVIEVE NADEAU, KENNETH PARRENO, and JOANNA SURIANI for COLLEEN FAGAN and ELINOR HILTON added to this specific case only. Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Janine Lopez, Jessica Marsden, Genevieve Nadeau, Kenneth Parreno, and JoAnna Suriani must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 3/2/2026. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (jgd) (Entered: 02/25/2026)	Feb. 25, 2026	Feb. 25, 2026
17	Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephonic Conference of Counsel held, Oral Argument re: 3 Motion for TRO set for 3/16/2026 10:00 AM Portland Courtroom 2 before JUDGE JOHN A. WOODCOCK JR., Responses due by 3/10/2026., Reply due by 3/12/2026.). (Court Reporter: Lori Dunbar) (jam) (Entered: 02/27/2026)	Feb. 27, 2026	Feb. 27, 2026

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Case Details

State / Territory:

Maine

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Feb. 23, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are "lifelong residents of Maine who have engaged in lawful, expressive activity to voice support for their neighbors, oppose the administration’s policies, and document the actions of federal agents to promote accountability."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Protect Democracy

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Defendant Type(s):

Law-enforcement

Case Details