Case: Payne v. United States

3:26-cv-01139 | U.S. District Court for the District of Oregon

Filed Date: June 5, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case further).  The plaintiff, 19-year-old Oregon resident, filed suit against the United States of America in the U.S. District Court for the District of Oregon, Portland Division 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. She alleged that she was st…

(This summary is temporary while we research the case further). 

The plaintiff, 19-year-old Oregon resident, filed suit against the United States of America in the U.S. District Court for the District of Oregon, Portland Division 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. She alleged that she was standing still in the street, unarmed, and speaking with two Federal Protective Services (FPS) officers when a third FPS officer stepped between them and sprayed her directly in the face with a chemical irritant without warning, after which all three officers walked away into the facility. As a result, 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. She asserted FTCA claims for assault and battery and sought noneconomic damages of $350,000.

 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73447943/parties/payne-v-united-states/


Attorney for Plaintiff

Long, Sara (Oregon)

Merrithew, Jesse A. (Oregon)

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Documents in the Clearinghouse

Document
1

3:26-cv-01139

Complaint Federal Tort Claims Act (28 U.S.C. § 2674) Assault Battery

June 5, 2026

June 5, 2026

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73447943/payne-v-united-states/

Last updated July 3, 2026, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-10292582 Jury Trial Requested: No. Filed by Milla Leilani Payne against United States of America (Attachments: # 1 Civil Cover Sheet). (Merrithew, Jesse) (Entered: 06/05/2026)

1 Civil Cover Sheet

View on RECAP

June 5, 2026

June 5, 2026

Clearinghouse
2

Notice of Case Assignment to Judge Adrienne Nelson and Discovery and Pretrial Scheduling Order. NOTICE: The filing party shall print and serve this Order, the summonses, and all other documents issued by the Clerk at case initiation upon all named parties in accordance with Local Rule 3-5(c). Discovery is to be completed by 10/5/2026. Joint Alternate Dispute Resolution Report is due by 11/2/2026. Pretrial Order is due by 11/2/2026. Ordered by Judge Adrienne Nelson. (gd) (Entered: 06/05/2026)

June 5, 2026

June 5, 2026

3

Proposed Summons

June 8, 2026

June 8, 2026

4

Summons Issued

June 9, 2026

June 9, 2026

Case Details

State / Territory:

Oregon

Case Type(s):

Immigration and/or the Border

Criminal Justice (Other)

Policing

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 5, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

District of Oregon 3:26-cv-01139

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