Case: Black Lives Matter Seattle-King County v. City of Seattle

2:20-cv-00887 | U.S. District Court for the Western District of Washington

Filed Date: June 9, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 9, 2020, Black Lives Matter Seattle-King County brought this lawsuit against the City of Seattle in the U.S. District Court for the Western District of Washington. The complaint arose out of the protests that swept the nation following the killing of George Floyd in Minneapolis. Plaintiffs alleged that the Seattle police violated the First and Fourth Amendment and brought this suit under 42 U.S.C. § 1983. The First Amendment claim alleged that the Seattle police unlawfully infringed on …

On June 9, 2020, Black Lives Matter Seattle-King County brought this lawsuit against the City of Seattle in the U.S. District Court for the Western District of Washington. The complaint arose out of the protests that swept the nation following the killing of George Floyd in Minneapolis. Plaintiffs alleged that the Seattle police violated the First and Fourth Amendment and brought this suit under 42 U.S.C. § 1983. The First Amendment claim alleged that the Seattle police unlawfully infringed on their right to free assembly. The Fourth Amendment allegation claimed that the SPD used excessive force in the absence of an immediate safety threat. Plaintiffs sought a temporary restraining order, a preliminary injunction, and a permanent injunction prohibiting the SPD from using "less-lethal" weapons or suppressing protests. They also sought declaratory relief and monetary compensation to cover the costs of the suit and attorney's fees.

Three days later, Judge Richard A. Jones partially granted a temporary restraining order against the Seattle Police Department, enjoining them from using projectiles and chemical irritants against peaceful protesters. 466 F.Supp.3d 1206. Five days after that, on June 17, the court reaffirmed the TRO after a hearing at which parties voluntarily stipulated to the terms of the new order. The new order was substantively similar to the previous one, and was set to last until September 30, 2020.

By July 30, the plaintiffs submitted a motion for an order to show cause as to why the defendant should not be held in contempt for violating the preliminary injunction. The plaintiffs claimed that the SPD violated this injunction by targeting protesters, journalists, legal observers, and even medics after the preliminary injunction was issued forbidding such conduct.

On August 10, the parties jointly filed a stipulation and proposed order to clarify the preliminary injunction after a ruling in another case, United States v. City Seattle. Earlier in June, the Seattle City Council had passed an ordinance to ban the crowd control irritants at issue in this case, but then Judge James Robart granted an emergency motion by the Department of Justice to enjoin the ordinance until it could be reviewed under the terms of the consent decree in United States v. City Seattle. In granting the DOJ's motion, Judge Robart noted that the preliminary injunction in this case (Black Lives Matter Seattle-King County v. City of Seattle) remained in effect.

The court granted the stipulated clarification of the preliminary injunction. Under the clarified preliminary injunction, the SPD was enjoined from: (1) using chemical irritants or projectiles to re-route a protest unless necessary to prevent the specific imminent threat of physical harm or to respond to specific acts of violence or destruction of property; (2) using chemical irritants or projectiles without, when feasible, first warning that attendees and allowing time, space and the opportunity to leave; (3) targeting with chemical irritants or projectiles any individual clearly indicating they are a journalist, legal observer, and medics at such times that they are acting lawfully and in a capacity that the City knows or reasonably should know of their status. Incidental exposure to these individuals was permissible. The clarified preliminary injunction expanded but did not supersede the June 17 preliminary injunction. The parties further agreed to stay all proceedings in the case, including discovery, pending the court's decision in United States v. City Seattle on the Seattle City Council's ordinance's validity and effect. The preliminary injunction was to remain in effect for 90 days after the stay in the case was listed. Lastly, the plaintiffs' motion for an order to show cause was dismissed without prejudice.

On September 30, the plaintiffs filed a motion for an order to show cause as to why the defendant should not be held in contempt for violating the clarified preliminary injunction. The plaintiffs focused on protests that occurred on four dates: August 26, September 7, September 22, and September 23. They alleged that on these dates the defendant used less-lethal weapons in a violative manner. In particular, they argued that SPD repeatedly launched explosives into crowds of protesters, used pepper spray excessively and indiscriminately, and used less-lethal weapons to re-route protests and without ordering to or giving time to disperse.

In response, the defendant argued that they had complied with each of the court's orders including the clarified preliminary injunction. They argued that both the June 17 order and the August 10 clarified preliminary injunction were emailed to officers and each briefing before shifts in which officers are expected to provide crowd control included a reminder about the orders. In addition, the defendant disputed that the use of less-lethal weapons and pepper spray were used in violation of the orders. Instead, they argued that they were used to protect the safety of officers and others and prevent property destruction. In a supplemental response filed on November 2, the defendant further argued that the Monell standard of liability applied in determining whether or not the action of an individual officer could constitute the City's failure to comply with the preliminary injunction. Because the plaintiffs did not demonstrate an alleged unconstitutional action was proximately caused by an unconstitutional custom or policy, the result of deliberate indifference to a known need to train, or ratified by the City, the defendant argued that municipal liability under Monell was not established.

After a hearing on the motion, the court granted the plaintiffs' contempt motion in part on December 7, 2020. 505 F.Supp.3d 1108. The court first rejected the defendant's argument that Monell applied in civil contempt analysis. Each stipulated preliminary injunction enjoined the Seattle Police Department and any other officers, and accordingly, violations by individuals were violations of the injunctions. It then proceeded to find one incident where the defendant's use of OC spray violated the preliminary injunctions when an officer sprayed retreating protestors and three incidents where the use of blast balls violated the preliminary injunctions when officers threw blast balls indiscriminately into crowds. The court found other uses of OC spray and blast balls during the protest compliant with the injunctions or too close to call. In addition, the court held that the defendant's use of pepper balls and paintballs complied with the preliminary injunctions. Lastly, the court directed the plaintiffs to submit a brief and proposed order for sanctions.

Shortly after, the plaintiffs filed a motion for sanctions and attorneys' fees and costs. The plaintiffs did not request monetary sanctions but rather requested that the City be required to submit an officer's use of force report and body camera video to plaintiffs each time the defendant uses a less-lethal weapon covered by the preliminary injunctions. They also asked that the City be required to instruct all officers on the specific instances of contempt found by the court.

The City responded by filing a motion for reconsideration on the contempt motion and to supplement the record on the contempt motion on December 21. The defendant again argued that Monell applied. In addition, they argued that evidence of more than four violations was needed to show that the City was not in substantial compliance with the preliminary injunctions. The City further argued that these four incidents were not in violation of the preliminary injunctions.

On January 28, 2021, the court granted in part plaintiffs' motion for contempt sanctions. 516 F.Supp.3d 1202. First, the court rejected the City's request for reconsideration of the contempt finding. The court also rejected plaintiffs' request for coercive sanctions, but the court did grant plaintiffs' request for attorneys' fees. The court evaluated plaintiffs' request and granted $81,997.13—as compared to  $263,708.50, which they requested.

This case is on-going pending arguments over whether the preliminary injunction should be converted into a permanent injunction.

Summary Authors

Jack Hibbard (8/6/2020)

Emily Kempa (1/4/2021)

Jordan Katz (5/1/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17234830/parties/black-lives-matter-seattle-king-county-v-city-of-seattle/


Judge(s)
Attorney for Plaintiff

Arora, Nitika (Washington)

Chang, Robert S. (Washington)

Attorney for Defendant

Boies, Carolyn U (Washington)

Christie, Robert Leslie (Washington)

Coluccio, Megan Maria (Washington)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:20-cv-00887

Docket [PACER]

Dec. 29, 2020

Dec. 29, 2020

Docket
1

2:20-cv-00887

Complaint

June 9, 2020

June 9, 2020

Complaint
29

2:20-cv-00887

The City of Seattle's Response to Plaintiffs' Motion for Entry of a Temporary Restraining Order

June 11, 2020

June 11, 2020

Pleading / Motion / Brief
34

2:20-cv-00887

Order Granting in Part Motion for Temporary Restraining Order

June 12, 2020

June 12, 2020

Order/Opinion

466 F.Supp.3d 466

42

2:20-cv-00887

Stipulated Order Entering a Preliminary Injunction

June 17, 2020

June 17, 2020

Order/Opinion
51

2:20-cv-00887

Motion For Order to Show Cause Why City of Seattle Should Not Be Held in Contempt for Violating the Preliminary Injunction

Black Lives Matter Seattle - King County v. City of Seattle

July 27, 2020

July 27, 2020

Pleading / Motion / Brief
114

2:20-cv-00887

Motion for Order to Show Cause Why City of Seattle Should not be Held in Contempt

Black Lives Matter Seattle v. City of Seattle

Sept. 30, 2020

Sept. 30, 2020

Pleading / Motion / Brief
135

2:20-cv-00887

The City of Seattle's Response to Plaintiffs' Motion for Order to Show Cause Why the City of Seattle Should Not be Held in Contempt

Black Lives Matter Seattle v. City of Seattle

Oct. 2, 2020

Oct. 2, 2020

Pleading / Motion / Brief
144

2:20-cv-00887

The City of Seattle's Supplemental Response to Plaintiffs' Motion for Order to Show Cause Why the City of Seattle Should Not be Held in Contempt

Black Lives Matter Seattle v. City of Seattle

Nov. 2, 2020

Nov. 2, 2020

Pleading / Motion / Brief
152

2:20-cv-00887

Reply in Support of Motion for Order to Show Cause Why City of Seattle Should not be Held in Contempt

Black Lives Matter Seattle King County v. City of Seattle

Nov. 9, 2020

Nov. 9, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17234830/black-lives-matter-seattle-king-county-v-city-of-seattle/

Last updated March 23, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
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COMPLAINT against defendant(s) City of Seattle with JURY DEMAND (Receipt # AWAWDC-6389780) Attorney David A. Perez added to party Black Lives Matter Seattle-King County(pty:pla), Attorney David A. Perez added to party Alexandra Chen(pty:pla), Attorney David A. Perez added to party Abie Ekenezar(pty:pla), Attorney David A. Perez added to party Nathalie Graham(pty:pla), Attorney David A. Perez added to party Muraco Kyashna-tocha(pty:pla), Attorney David A. Perez added to party Sharon Sakamoto(pty:pla), Attorney David A. Perez added to party Alexander Woldeab(pty:pla), filed by Sharon Sakamoto, Alexander Woldeab, Muraco Kyashna-tocha, Abie Ekenezar, Alexandra Chen, Black Lives Matter Seattle-King County, Nathalie Graham. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Perez, David) (Entered: 06/09/2020)

1 Civil Cover Sheet

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2 Summons

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June 9, 2020

June 9, 2020

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Add and Terminate Judges

June 9, 2020

June 9, 2020

PACER
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CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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Judge Richard A. Jones added. (Ad Hoc, Carolyn Gilbert. The email address on the complaint does not correspond with the court's record in CM/ECF.) (ST)

June 9, 2020

June 9, 2020

PACER
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Summons(es) Electronically Issued as to defendant(s) City of Seattle (Ad Hoc, Carolyn Gilbert. The email address on the complaint does not correspond with the court's record in CM/ECF.) (ST) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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NOTICE of Appearance by attorney Carolyn U Boies on behalf of Defendant City of Seattle. (Boies, Carolyn) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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NOTICE of Appearance by attorney Ghazal Sharifi on behalf of Defendant City of Seattle. (Sharifi, Ghazal) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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MOTION for Temporary Restraining Order, filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 6/9/2020, (Perez, David) (Entered: 06/09/2020)

1 Proposed Order

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June 9, 2020

June 9, 2020

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DECLARATION of David A. Perez filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of Chase Burns Broderick filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of Alexandra Chen filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of William Daniell filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of Abie Ekenezar filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of Nathalie Graham filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of Elliot Grace Harvey filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of Muraco Kyashna-Tocha filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of Joseph Lachman filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of Sharon A. Sakamoto filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of Alexander Woldeab filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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CERTIFICATE OF SERVICE by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 17 Declaration, 10 Declaration, 13 Declaration, 7 Declaration, 16 Declaration, 12 Declaration, 6 MOTION for Temporary Restraining Order, 11 Declaration, 8 Declaration, 14 Declaration, 9 Declaration, 15 Declaration, (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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DECLARATION of Omari Salisbury filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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Set/Reset Hearings

June 10, 2020

June 10, 2020

PACER

Set Hearing: TELEPHONE CONFERENCE set for 6/10/2020 at 1:30 PM before Judge Richard A. Jones. (VE)

June 10, 2020

June 10, 2020

PACER
20

NOTICE of Intent to File Response Under LCR 65(b) ; filed by Defendant City of Seattle. (Attachments: # 1 Proposed Order)(Sharifi, Ghazal) (Entered: 06/10/2020)

1 Proposed Order

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June 10, 2020

June 10, 2020

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DECLARATION of Peter S. Holmes filed by Defendant City of Seattle re 6 MOTION for Temporary Restraining Order (Sharifi, Ghazal) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

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DECLARATION of Ghazal Sharifi filed by Defendant City of Seattle re 6 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit 1-11)(Sharifi, Ghazal) (Entered: 06/10/2020)

1 Exhibit 1-11

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June 10, 2020

June 10, 2020

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MINUTE ENTRY for proceedings held before Judge Richard A. Jones - Dep Clerk: Victoria Ericksen; Pla Counsel: David Perez, Robert Chang, Molly Tack-Hooper; Def Counsel: Ghazal Sharifi, Carolyn Boies; CR: Nancy Bauer; TELEPHONE CONFERENCE held on 6/10/2020. After hearing from counsel, the Court sets a deadline for Defendant to file its response to Plaintiffs' 6 MOTION for Temporary Restraining Order no later than 4:00 PM on 6/11/2020. MOTION HEARING on Plaintiffs' 6 MOTION for Temporary Restraining Order set for 6/12/2020 at 9:00 AM before Judge Richard A. Jones. (VE) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
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STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (VE) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

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~Util - Set Deadlines/Hearings AND Telephone Conference

June 10, 2020

June 10, 2020

PACER
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DECLARATION of Gretchen Martini filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

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Notice re Lack of Proper Signature

June 11, 2020

June 11, 2020

PACER
26

DECLARATION of Lauren Truscott filed by Defendant City of Seattle re 6 MOTION for Temporary Restraining Order (Sharifi, Ghazal) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

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27

DECLARATION of Thomas Mahaffey filed by Defendant City of Seattle re 6 MOTION for Temporary Restraining Order (Sharifi, Ghazal) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

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DECLARATION of Carolyn U. Boies filed by Defendant City of Seattle re 6 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sharifi, Ghazal) (Entered: 06/11/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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June 11, 2020

June 11, 2020

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RESPONSE, by Defendant City of Seattle, to 6 MOTION for Temporary Restraining Order . (Attachments: # 1 Proposed Order)(Sharifi, Ghazal) (Entered: 06/11/2020)

1 Proposed Order

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June 11, 2020

June 11, 2020

Clearinghouse
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DECLARATION of Aisling Cooney filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/11/2020)

June 11, 2020

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DECLARATION of Aubreanna Inda filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/11/2020)

June 11, 2020

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DECLARATION of Daniel Azoulai filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 6 MOTION for Temporary Restraining Order (Perez, David) (Entered: 06/11/2020)

June 11, 2020

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NOTICE REGARDING LACK OF PROPER SIGNATURE. The 26 Declaration, 27 Declaration were improperly signed by LAUREN TRUSCOTT, THOMAS MAHAFFEY. Signatures must comply with ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (MW)

June 11, 2020

June 11, 2020

PACER
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MINUTE ENTRY for proceedings held before Judge Richard A. Jones - Dep Clerk: Victoria Ericksen; Pla Counsel: David Perez, Robert Chang, Molly Tack-Hooper; Def Counsel: Ghazal Sharifi, Carolyn Boies; CR: Debbie Zurn; TELEPHONIC MOTION HEARING on Plaintiffs' 6 MOTION for Temporary Restraining Order held on 6/12/2020. The Court hears argument of counsel and takes this matter under advisement. (VE) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
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ORDER granting in part Plaintiffs' 6 Motion for Temporary Restraining Order. The Court temporarily ENJOINS The City of Seattle, including the Seattle Police Department and any other officers, departments, agencies, or organizations under the Seattle Police Department's control (collectively, the City), is hereby enjoined from employing chemical irritants or projectiles of any kind against persons peacefully engaging in protests or demonstrations. This injunction includes: (1) any chemical irritant such as and including CS Gas (tear gas) and OC spray (pepper spray) and (2) any projectile such as and including flash-bang grenades, pepper balls, blast balls, rubber bullets, and foam-tip projectiles. This Order does not preclude individual officers from taking necessary, reasonable, proportional, and targeted action to protect against a specific imminent threat of physical harm to themselves or identifiable others or to respond to specific acts of violence or destruction of property. Further, tear gas may be used only if (a) efforts to subdue a threat by using alternative crowd measures, including pepper spray, as permitted by this paragraph, have been exhausted and ineffective and (b) SPD's Chief of Police has determined that use of tear gas is the only reasonable alternative available. The Chief of Police may only authorize limited and targeted use of tear gas and must direct it to those causing violent or potentially life-threatening activity. To the extent that chemical irritants or projectiles are used in accordance with this paragraph, they shall not be deployed indiscriminately into a crowd and to the extent reasonably possible, they should be targeted at the specific imminent threat of physical harm to themselves or identifiable others or to respond to specific acts of violence or destruction of property. (2) In the event that Plaintiffs seek relief for an alleged violation of this Order, the City must respond to the motion for relief within 24 hours.(3) Because this is a non-commercial case, the balance of hardships favors Plaintiffs, and there is no realistic likelihood of harm to the City of Seattle from enjoining its conduct, the Court waives the security bond requirement.(4) This Order will expire fourteen days after entry unless extended by the Court for good cause. Fed. R. Civ. P. 65(b)(2). Signed by Judge Richard A. Jones.(PM) (Entered: 06/12/2020)

June 12, 2020

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PRAECIPE to attach document (Declaration) Declaration of Lauren Truscott re 26 Declaration by Defendant City of Seattle (Sharifi, Ghazal) (Entered: 06/12/2020)

June 12, 2020

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PRAECIPE to attach document (Declaration) Declaration of Thomas Mahaffey re 27 Declaration by Defendant City of Seattle (Sharifi, Ghazal) (Entered: 06/12/2020)

June 12, 2020

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TRO Hearing

June 12, 2020

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PACER

Notice re Lack of Proper Signature

June 12, 2020

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MINUTE ORDER entered upon the authority of Judge Richard A. Jones. No later than 6/17/2020, by 4:00 p.m., the parties shall jointly submit a proposed briefing schedule for the forthcoming motion for preliminary injunction. No separate proposals shall be filed. If the parties cannot agree on a briefing schedule, they are directed to set forth the competing proposals in a single filing. (VE) (Entered: 06/15/2020)

June 15, 2020

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ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 6/30/2020, Initial Disclosure Deadline is 7/7/2020, Joint Status Report due by 7/14/2020, by Judge Richard A. Jones. (VE) (Entered: 06/15/2020)

June 15, 2020

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NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Mallory Gitt Webster for Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab. (Webster, Mallory) (Entered: 06/15/2020)

June 15, 2020

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Temporary Restraining Order held on 6/12/2020 before Judge Richard A. Jones.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 9/15/2020, (DZ) (Entered: 06/17/2020)

June 17, 2020

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PROPOSED ORDER (Unsigned) Entering a Preliminary Injunction (Stipulated) (Sharifi, Ghazal) (Entered: 06/17/2020)

June 17, 2020

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STIPULATED ORDER ENTERING A PRELIMINARY INJUNCTION: The Court hereby ORDERS: (1) The City of Seattle, including the Seattle Police Department and any other officers, departments, agencies, or organizations under the Seattle Police Departments control (collectively, "the City"), is hereby enjoined from employing chemical irritants or projectiles of any kind against persons peacefully engaging in protests or demonstrations. (2) In the event that Plaintiffs seek relief for an alleged violation of this Order, the City must respond to the motion for relief within 24 hours. (3) Because this is a non-commercial case, the balance of hardships favors Plaintiffs, and there is no realistic likelihood of harm to the City of Seattle from enjoining its conduct, the Court waives the security bond requirement. (4) This Order will expire on 9/30/2020. (5) This Order is extendable or terminable by stipulation of the parties. Signed by Judge Richard A. Jones. (MW) (Entered: 06/17/2020)

June 17, 2020

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ANSWER to 1 Complaint,,, by City of Seattle.(Sharifi, Ghazal) (Entered: 06/30/2020)

June 30, 2020

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NOTICE of Appearance by attorney Melissa R Lee on behalf of Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab. (Lee, Melissa) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

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NOTICE of Appearance by attorney Jessica E Levin on behalf of Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab. (Levin, Jessica) (Entered: 07/02/2020)

July 2, 2020

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NOTICE of Appearance by attorney Robert Leslie Christie on behalf of Defendant City of Seattle. (Christie, Robert) (Entered: 07/02/2020)

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47

NOTICE of Appearance by attorney Thomas P Miller on behalf of Defendant City of Seattle. (Miller, Thomas) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

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48

NOTICE of Appearance by attorney Ann E Trivett on behalf of Defendant City of Seattle. (Trivett, Ann) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

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49

NOTICE of Appearance by attorney Megan Maria Coluccio on behalf of Defendant City of Seattle. (Coluccio, Megan) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

RECAP

Set/Reset Deadlines

July 6, 2020

July 6, 2020

PACER

Reset Deadline: By agreement of the parties, the deadline to exchange initial disclosures is extended to 7/15/2020. (VE)

July 6, 2020

July 6, 2020

PACER
50

JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 10. (Perez, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

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51

MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction, filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 7/30/2020, (Perez, David) (Entered: 07/27/2020)

1 Proposed Order

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July 27, 2020

July 27, 2020

Clearinghouse
52

DECLARATION of David A. Perez filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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53

DECLARATION of Dusty Baker filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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54

DECLARATION of Elise Barrett filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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55

DECLARATION of Jessica Bonafilia filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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56

DECLARATION of Sophia Bruce filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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57

DECLARATION of Cass Bunting filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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58

DECLARATION of Cloie Chapman filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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59

DECLARATION of Alexandra Chen filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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60

DECLARATION of Colter Arnold filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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61

DECLARATION of Corinne Arnold filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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62

DECLARATION of Kathryn Forest filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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63

DECLARATION of Jessica Butler filed by Plaintiffs Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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64

DECLARATION of Muraco Kyashna-Tocha filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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65

DECLARATION of Kira McGieson filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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66

DECLARATION of Chloe Merino filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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67

DECLARATION of Adam Oberstadt filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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68

DECLARATION of Renee Raketty filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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69

DECLARATION of Tyler Sill filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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70

DECLARATION of Richard Smith filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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71

DECLARATION of Sam Sueoka filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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72

DECLARATION of Jessica Trimble filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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73

DECLARATION of Joey Wieser filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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74

DECLARATION of Joshua Matney filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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75

DECLARATION of Athena Addams filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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76

MINUTE ORDER entered upon the authority of Judge Richard A. Jones. No later than Wednesday, 7/29/2020, by noon, Defendant shall file a response to Plaintiffs' 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction. (VE) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

RECAP

Set/Reset Deadlines

July 29, 2020

July 29, 2020

PACER

Reset Deadline: Defendant's Response to Plaintiffs' 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction is reset for 7/29/2020 by 5:00 PM. (VE)

July 29, 2020

July 29, 2020

PACER

Set/Reset Oral Argument on Motion

July 29, 2020

July 29, 2020

PACER

Set Hearing on 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction: MOTION HEARING set for 7/31/2020 at 9:00 AM before Judge Richard A. Jones. Hearing to be held via Zoom videoconference. (VE)

July 29, 2020

July 29, 2020

PACER
77

ORDER SETTING TRIAL DATE AND RELATED DATES. Length of Trial: 10 days. BENCH TRIAL is set for 7/26/2021 at 9:00 AM in Courtroom 13106 before Judge Richard A. Jones. Joinder of Parties due by 9/30/2020, Amended Pleadings due by 1/27/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/27/2021, Discovery completed by 3/29/2021, Dispositive motions due by 4/27/2021, Motions in Limine due by 6/28/2021, Pretrial Order due by 7/12/2021, Trial briefs, deposition designations, and trial exhibits to be submitted by 7/19/2021, by Judge Richard A. Jones. (VE) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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78

RESPONSE, by Defendant City of Seattle, to 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction. (Attachments: # 1 Proposed Order)(Christie, Robert) (Entered: 07/29/2020)

1 Proposed Order

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July 29, 2020

July 29, 2020

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79

Amended DECLARATION of Corinne Arnold filed by Plaintiffs Black Lives Matter Seattle-King County, Alexandra Chen, Abie Ekenezar, Nathalie Graham, Muraco Kyashna-tocha, Sharon Sakamoto, Alexander Woldeab re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Perez, David) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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80

DECLARATION of Robert L. Christie filed by Defendant City of Seattle re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Christie, Robert) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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81

DECLARATION of William T.C. Neale filed by Defendant City of Seattle re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Christie, Robert) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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82

DECLARATION of Cesar Hidalgo-Landeros filed by Defendant City of Seattle re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Christie, Robert) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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83

DECLARATION of John Brooks filed by Defendant City of Seattle re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Christie, Robert) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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84

DECLARATION of David Puente filed by Defendant City of Seattle re 51 MOTION for Order to Show Cause Why City of Seattle Should Not be Held in Contempt for Violating the Preliminary Injunction (Christie, Robert) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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85

NOTICE of Filing Ex. A to Dec. of Christie: thumb drive of PowerPoint file in Paper or Physical Form with the Clerk's Office by Defendant City of Seattle. inre 80 Declaration. (Christie, Robert) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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Case Details

State / Territory: Washington

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: June 9, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Black Lives Matter - Seattle and those who participated in the Seattle protests following the killing of George Floyd.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Seattle (Seattle), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 81997.13

Content of Injunction:

Preliminary relief granted

Issues

General:

Aggressive behavior

Over/Unlawful Detention

Pattern or Practice

Policing:

Excessive force

Pepper/OC Spray (policing)