This lawsuit, filed on July 21, 2020 in the U.S. District Court for the District of Oregon, was brought by the Western State Center (a public benefit corporation), the First Unitarian Church of Portland, a private individual, and two Oregon State Representatives. Represented by private attorneys, ...
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This lawsuit, filed on July 21, 2020 in the U.S. District Court for the District of Oregon, was brought by the Western State Center (a public benefit corporation), the First Unitarian Church of Portland, a private individual, and two Oregon State Representatives. Represented by private attorneys, they sued the U.S. Department of Homeland Security, the U.S. Customs and Border Protection, Federal Protective Service, and the U.S. Marshal Service over the defendants' presence and role in quelling protests that ensued after the police killing of George Floyd in May of 2020.
The complaint alleged violation of the First and Tenth Amendments. The First Amendment claim was brought by First Unitarian Church and argued that the defendants' arrests of protesters were in violation of the First Amendment right to protest, but also in violation of the Free Exercise clause, as protest was an integral part of the church's philosophy. The Tenth Amendment claim, brought by all plaintiffs, claimed that the federal agencies' enforcement of law on Portland property (and not just federal property) amounted to an unconstitutional violation of the principles of federalism. Plaintiffs requested declaratory relief, injunctive relief, and attorney's fees and costs. The case was assigned to Judge Michael W. Mosman and Magistrate Judge Jolie A. Russo.
However, on July 27, the plaintiffs submitted an amended complaint. The amended complaint retained the arguments about free speech, free exercise, and principles of federalism, but added other claims regarding the Fourth Amendment. Specifically, the plaintiffs alleged that the federal agents were arresting Portland residents without probable cause, adding that some of these arrests were caught on video. Protesters were taken off the street by non-uniformed federal officers and hauled into unmarked vans.
Two days later the plaintiffs submitted a motion for a temporary restraining order with an expedited hearing and a motion for a preliminary injunction. However, on August 4 the court granted an email request to withdraw the motion for a temporary restraining order as moot. This is probably because the court had already granted a TRO against against federal agents in Portland in
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