Filed Date: June 5, 2026
Case Ongoing
Clearinghouse coding complete
This case challenges the alleged assault and battery of a protester by a federal officer in Portland, Oregon.
The plaintiff, a 19-year-old Oregon resident, filed suit against the United States of America in the U.S. District Court for the District of Oregon on June 5, 2026, asserting claims under the Federal Tort Claims Act (FTCA). The complaint alleged that the plaintiff was peacefully protesting outside Portland's Immigration and Customs Enforcement facility on the evening of October 2, 2025. The plaintiff claimed that she was unarmed, standing still in the street as directed, and speaking with two Federal Protective Services (FPS) officers when a third FPS officer stepped between them unannounced and sprayed her directly in the face with a chemical irritant. As a result, an onlooker called an ambulance for her, and the plaintiff alleged she suffered extreme pain to her eyes, face, throat, and lungs, was unable to breathe, and experienced ongoing throat and stomach irritation for several days. The complaint also detailed the rapid expansion of Department of Homeland Security (DHS) forces, alleged drastic reduction in training hours, lowered minimum age, and excessive force used in training, all suggesting lower standards required for officers. The plaintiff, represented by private counsel, asserted FTCA claims for assault and battery, and sought non-economic damages of $350,000. This case was assigned to District Judge Adrienne Nelson.
As of July 29, 2026, this case is ongoing.
Summary Authors
Kara Wilczynski (7/30/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73447943/parties/payne-v-united-states/
Long, Sara (Oregon)
Merrithew, Jesse A. (Oregon)
See docket on RECAP: https://www.courtlistener.com/docket/73447943/payne-v-united-states/
Last updated July 29, 2026, 1:37 p.m.
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: June 5, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiff is a 19-year-old Oregon resident.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
The 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-01139
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Policing:
Case Summary of Payne v. United States, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48291/ (last updated 7/30/2026).