Filed Date: March 3, 2026
Case Ongoing
Clearinghouse coding complete
On March 3, 2026, a U.S. Marine Corps veteran living in Portland, Oregon filed suit in U.S. District Court for the District of Oregon against the United States of America. In his complaint, Plaintiff alleges that federal agents have targeted him with excessive force while he was peaceably assembled outside the Portland ICE facility. Plaintiff claims that the U.S. Constitution guarantees him the right to speak freely while peaceably assembled and that federal agents used excessive force against him because he used his First Amendment rights to criticize the Trump administration. Plaintiff sues under the Federal Tort Claims Act and claims battery.
This case is ongoing.
Summary Authors
Claire Pollard (3/10/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72358776/parties/herzberg-v-united-states/
Russo, Jolie A. (Oregon)
Fuller, Michael R. (Oregon)
Haberman-Ducey, Nathan (Oregon)
Jones, Kelly D. (Oregon)
See docket on RECAP: https://www.courtlistener.com/docket/72358776/herzberg-v-united-states/
Last updated June 4, 2026, 3:32 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: March 3, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiff is a private citizen and U.S. Marine.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
United States of America
Case Details
Causes of Action:
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674
Other Dockets:
District of Oregon 3:26-cv-00410
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Case Summary of Herzberg v. United States, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47869/ (last updated 3/10/2026).