Case: City of Salem v. Mullin

6:26-cv-01340 | U.S. District Court for the District of Oregon

Filed Date: June 30, 2026

Case Ongoing

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Case Summary

This case challenges the government’s alleged unlawful conditions on federal disaster relief funding. On June 30, 2026, the City of Salem, Oregon, filed this lawsuit against the Department of Homeland Security (DHS) and its component, the Federal Emergency Management Agency (FEMA), in the U.S. District Court for the District of Oregon. The city challenged conditions attached to Congressionally appropriated disaster relief funding that was made available through the FY25 and FY26 DHS Standard T…

This case challenges the government’s alleged unlawful conditions on federal disaster relief funding.

On June 30, 2026, the City of Salem, Oregon, filed this lawsuit against the Department of Homeland Security (DHS) and its component, the Federal Emergency Management Agency (FEMA), in the U.S. District Court for the District of Oregon. The city challenged conditions attached to Congressionally appropriated disaster relief funding that was made available through the FY25 and FY26 DHS Standard Terms and Conditions and a FY 2024/2025 notice of funding opportunity. Disaster relief funding has been largely administered through DHS and FEMA. The complaint alleged that DHS and FEMA had imposed conditions on grants requiring recipients to certify they did not operate programs advancing diversity, equity, or inclusion (DEI) or the “promotion” of “gender ideology,” and required compliance with all executive orders. The City maintained that these conditions placed more than $1 million in already-awarded disaster relief required for funding repairs to critical facilities damaged in a federally-declared disaster, as well as upcoming funding opportunities for disaster-management projects. The City alleged that the imposition of the challenged conditions violated the Spending Clause and separation of powers because DHS and FEMA acted without Constitutional or statutory authority, and the conditions were ambiguous and lacked justification. The City further alleged that the conditions violated the Administrative Procedure Act (APA) because DHS and FEMA acted arbitrarily and capriciously, contrary to the Constitution, and in excess of statutory authority. The City sought a declaration that the conditions were unlawful, preliminary and permanent injunctions enjoining DHS and FEMA from imposing or enforcing the conditions and retaliating against the City, and attorneys’ fees. The case was assigned to District Judge Michael J. McShane.

On July 15, 2026, the City moved for a preliminary injunction seeking to prevent the defendants from imposing, enforcing, or implementing the challenged conditions or retaliating for filing this suit while the case proceeded. The City argued that it was likely to succeed on its claims because the defendants violated the separation of powers, as Congress did not authorize them to impose conditions unrelated to the grant program’s purpose. Further, the City contended that the Spending Clause requires grant conditions to be unambiguous (requiring fair notice) and relate to the grant program’s subject matter. Here, the City maintained that the challenged conditions did not provide clear standards of conduct and were therefore ambiguous, and did not relate to disaster response or preparedness, the goal of the grant program. Additionally, the City argued that the conditions were unlawful because they violated constitutional and statutory protections, did not derive from Congressionally delegated authority, and the defendants failed to explain why they imposed the conditions. The City explained that without a preliminary injunction, it would be forced to choose between accepting the unlawful grant conditions or losing funding, on top of already delayed projects, vulnerability to future disasters, and disruption to long-term planning and budgeting. Oral argument on this motion was set for August 18, 2026.

As of August 5, 2026, this case is ongoing.

Summary Authors

Kara Wilczynski (8/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73559829/parties/city-of-salem-v-mullin/

Judge(s)

Attorney for Plaintiff

Crawshaw, Stacey H. (Oregon)

Cupani, Thomas V. (Oregon)

Lawrence, Paul J. (Oregon)

Lisagor, Jamie L. (Oregon)

Attorney for Defendant

Dolma, Tsechu (Oregon)

Judge(s)

McShane, Michael Jerome (Oregon)

Attorney for Plaintiff

Crawshaw, Stacey H. (Oregon)

Cupani, Thomas V. (Oregon)

Lawrence, Paul J. (Oregon)

Lisagor, Jamie L. (Oregon)

Zipper, Carly (Oregon)

Attorney for Defendant

Dolma, Tsechu (Oregon)

Perla, Cameron Marsh (Oregon)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 6:26-cv-01340	Complaint City of Salem v. Mullin et al.	June 30, 2026	June 30, 2026 Complaint
35 6:26-cv-01340	Joint Motion for Entry of Scheduling Order City of Salem v. Mullin et al.	Sept. 8, 2026	Sept. 8, 2026 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73559829/city-of-salem-v-mullin/

Last updated Sept. 17, 2026, 3:13 a.m.

Docket for: City of Salem v. Mullin

ECF Number	Date	Description	Link
1	June 30, 2026	Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-10321973 Jury Trial Requested: No. Stacey H. Crawshaw for City of Salem,Stacey H. Crawshaw,Stacey H. Crawshaw for City of Salem,Stacey H. Crawshaw,Stacey H. Crawshaw,Stacey H. Crawshaw. Filed by City of Salem against All Defendants (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Summons Proposed Summons, # 3 Proposed Summons Proposed Summons, # 4 Proposed Summons Proposed Summons, # 5 Proposed Summons Proposed Summons). (Crawshaw, Stacey) (Entered: 06/30/2026) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Proposed Summons Proposed Summons View on PACER 3 Proposed Summons Proposed Summons View on PACER 4 Proposed Summons Proposed Summons View on PACER 5 Proposed Summons Proposed Summons View on PACER	Clearinghouse
2	July 1, 2026	Notice of Case Assignment to Judge Michael J. McShane 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 10/29/2026. Joint Alternate Dispute Resolution Report is due by 11/30/2026. Pretrial Order is due by 11/30/2026. Ordered by Judge Michael J. McShane. (jw) (Entered: 07/01/2026)	RECAP
3	July 1, 2026	Summons Issued Electronically as to Robert J. Fenton, Jr., Markwayne Mullin. NOTICE: The filing party shall print and serve the summonses and all other documents issued by the Clerk at the time of case initiation upon all named parties in accordance with Local Rule 3-5(c). (Attachments: # 1 Summons Mullin) (jw) (Entered: 07/01/2026)	RECAP
4	July 1, 2026	Amended Proposed Summons to U.S. Department of Homeland Security Filed by City of Salem. (Crawshaw, Stacey) (Entered: 07/01/2026)	RECAP
5	July 1, 2026	Amended Proposed Summons to Federal Emergency Management Agency Filed by City of Salem. (Crawshaw, Stacey) (Entered: 07/01/2026)	RECAP
6	July 2, 2026	Summons Issued Electronically as to Federal Emergency Management Agency, U.S. Department of Homeland Security. NOTICE: The filing party shall print and serve the summonses and all other documents issued by the Clerk at the time of case initiation upon all named parties in accordance with Local Rule 3-5(c). (Attachments: # 1 Summons Federal Emergency Management Agency) (jw) (Entered: 07/02/2026)	RECAP
7	July 6, 2026	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jamie L. Lisagor. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10326129. Filed by City of Salem. (Lisagor, Jamie) (Entered: 07/06/2026)	RECAP
8	July 6, 2026	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Paul J. Lawrence. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10326319. Paul J. Lawrence for City of Salem,Paul J. Lawrence. Filed by on behalf of City of Salem. (Lawrence, Paul) (Entered: 07/06/2026)	RECAP
10	July 7, 2026	A duplicate payment in the amount of $300.00 was submitted by Jamie L. Lisagor in the above-referenced case. For information on refund procedures, visit Requesting a Refund of Electronically Paid Fees on the Court's website. Refund Request is Due 7/31/2026. (cv) (Entered: 07/10/2026)	RECAP
	July 7, 2026	Clerks Review of Pro Hac Vice Motion
	July 7, 2026	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jamie L. Lisagor. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10326129 7 : Reviewed and Ready for Ruling. (le)
	July 7, 2026	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Paul J. Lawrence. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10326319 8 : Reviewed and Ready for Ruling. (le)
9	July 8, 2026	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Carly Zipper. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10329054. Carly Zipper,Carly Zipper for City of Salem. Filed by on behalf of City of Salem. (Zipper, Carly) (Entered: 07/08/2026)	RECAP
11	July 10, 2026	Request for Refund of Fees Paid Electronically. Filed by City of Salem. (Crawshaw, Stacey) (Entered: 07/10/2026)	RECAP
	July 10, 2026	Refund Request Due
12	July 15, 2026	Notice of Appearance. Filed by Federal Emergency Management Agency, Robert J. Fenton, Jr., Markwayne Mullin, U.S. Department of Homeland Security. (Perla, Cameron) (Entered: 07/15/2026)	RECAP
13	July 15, 2026	Amended Notice of Appearance. Filed by Federal Emergency Management Agency, Robert J. Fenton, Jr., Markwayne Mullin, U.S. Department of Homeland Security. (Perla, Cameron) (Entered: 07/15/2026)	RECAP
14	July 15, 2026	Motion for Preliminary Injunction . Oral Argument requested. Filed by City of Salem. (Crawshaw, Stacey) (Entered: 07/15/2026)	RECAP
15	July 15, 2026	Request for Judicial Notice ISO Motion for Preliminary Injunction. Filed by City of Salem. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit) (Crawshaw, Stacey) (Entered: 07/15/2026)	RECAP
16	July 15, 2026	Declaration of Kali Leinenbach . Filed by City of Salem. (Related document(s): Motion for Preliminary Injunction 14 .) (Crawshaw, Stacey) (Entered: 07/15/2026)	RECAP
17	July 15, 2026	Declaration of Joseph Hutchinson . Filed by City of Salem. (Related document(s): Motion for Preliminary Injunction 14 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Crawshaw, Stacey) (Entered: 07/15/2026)	RECAP
18	July 15, 2026	Declaration of Brian D. Martin . Filed by City of Salem. (Related document(s): Motion for Preliminary Injunction 14 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Crawshaw, Stacey) (Entered: 07/15/2026)	RECAP
19	July 16, 2026	ORDER: Granting Motion for Leave to Appear Pro Hac Vice 7 admission requested by attorney Jamie L. Lisagor. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/16/2026)	RECAP
20	July 16, 2026	ORDER: Granting Motion for Leave to Appear Pro Hac Vice 8 admission requested by attorney Paul J. Lawrence. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/16/2026)	RECAP
21	July 16, 2026	ORDER: Granting Motion for Leave to Appear Pro Hac Vice 9 admission requested by attorney Carly Zipper. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/16/2026)	RECAP
22	July 16, 2026	SCHEDULING ORDER: Defendants' Response to Motion for Preliminary Injunction 14 is due by 7/29/2026. Reply is due by 8/5/2026. Oral Argument is set for 8/13/2026 at 10:00AM in Eugene by video conference before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/16/2026)	RECAP
	July 16, 2026	Leave to Appear Pro Hac Vice
	July 16, 2026	Clerks Review of Pro Hac Vice Motion
	July 16, 2026	1 - Scheduling
	July 16, 2026	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Carly Zipper. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10329054 9 : Reviewed and Ready for Ruling. (jw)
23	July 22, 2026	Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: AORDC-10326112. The request has been granted and the amount of $300.00 will be refunded to Jamie L. Lisagor Related Doc 11 Request. (cv) (Entered: 07/22/2026)	RECAP
	July 22, 2026	Clerks Notice of Pay.gov Refund
24	July 23, 2026	Proposed Summons to Todd Blanche, Acting Attorney General of the United States Filed by City of Salem. (Lisagor, Jamie) (Entered: 07/23/2026)	RECAP
25	July 23, 2026	SCHEDULING ORDER regarding Motion for Preliminary Injunction 14 : The Oral Argument set for 8/13/2026 at 10:00AM will be in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/23/2026)	RECAP
	July 23, 2026	1 - Scheduling
26	July 29, 2026	Response in Opposition to Motion for Preliminary Injunction 14 . Filed by Federal Emergency Management Agency, Robert J. Fenton, Jr., Markwayne Mullin, U.S. Department of Homeland Security. (Perla, Cameron) (Entered: 07/29/2026)	RECAP
26	July 29, 2026	Response in Opposition to Motion for Preliminary Injunction 14 . Filed by Federal Emergency Management Agency, Robert J. Fenton, Jr., Markwayne Mullin, U.S. Department of Homeland Security. (Perla, Cameron) (Entered: 07/29/2026)	RECAP
27	July 29, 2026	Declaration of Vincent J. Maykovich . Filed by Federal Emergency Management Agency, Robert J. Fenton, Jr., Markwayne Mullin, U.S. Department of Homeland Security. (Related document(s): Response to Motion 26 .) (Attachments: # 1 Exhibit 1) (Perla, Cameron) (Entered: 07/29/2026)	RECAP
28	Aug. 5, 2026	Reply to Motion for Preliminary Injunction 14 Oral Argument requested. Filed by City of Salem. (Zipper, Carly) (Entered: 08/05/2026)	RECAP
29	Aug. 5, 2026	Declaration of Brian D. Martin . Filed by City of Salem. (Related document(s): Reply to Motion 28 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Zipper, Carly) (Entered: 08/05/2026)	RECAP
30	Aug. 7, 2026	Notice of Appearance. Filed by Federal Emergency Management Agency, Robert J. Fenton, Jr., Markwayne Mullin, U.S. Department of Homeland Security. (Dolma, Tsechu) (Entered: 08/07/2026)	RECAP
31	Aug. 13, 2026	MINUTES of Proceedings: Motion Hearing held. Motion for a Preliminary Injunction 14 is granted based on the finding read on the record. Formal Opinion to follow. Carly Zipper, Jamie L. Lisagor, and Paul J. Lawrence present as counsel for plaintiff. Cameron Marsh Perla and Tsechu Dolma present as counsel for defendants. Court Reporter: Shellene Iverson. Judge Michael J. McShane presiding. (cp) (Entered: 08/13/2026)	RECAP
	Aug. 13, 2026	Motion Hearing Held AND Order on Motion for Preliminary Injunction
32	Aug. 20, 2026	Opinion and Order: Salem's Motion for Preliminary Injunction 14 is Granted. Signed on 8/20/2026 by Judge Michael J. McShane. (cp)	RECAP
33	Aug. 24, 2026	Second Declaration of Vincent Maykovich . Filed by Federal Emergency Management Agency, Robert J. Fenton, Jr., Markwayne Mullin, U.S. Department of Homeland Security. (Dolma, Tsechu) (Entered: 08/24/2026)	RECAP
34	Aug. 24, 2026	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 8/13/2026 before Judge Michael J. McShane, Court Reporter Shellene L. Iverson, telephone number 541-431-4112. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/31/2026. Redaction Request due 9/14/2026. Redacted Transcript Deadline set for 9/24/2026. Release of Transcript Restriction set for 11/23/2026. (Iverson, Shellene) (Entered: 08/24/2026)	RECAP
35	Sept. 8, 2026	Motion - Miscellaneous	Clearinghouse