This complaint was filed on July 23, 2020 in the U.S. District Court for the Northern District of Illinois. The suit was filed by a number of political and legal organizations, as well as a news media organization. These groups included: Black Lives Matter Chicago; Black Abolitionist Network; Chicago Democratic Socialists of America; Good Kids/Mad City; #LetUsBreathe Collective; South Siders Organized for Unity and Liberation; National Lawyers Guild Chicago; First Defense Legal Aid; and In These Times. The defendants were numerous federal agents, including Acting Secretary of the Department of Homeland Security Chad Wolf, Deputy Director of Immigration and Customs Enforcement Matthew Albence, Attorney General William Barr, Director of Federal Protective Services L. Eric Patterson, and FBI Director Christopher Wray, among others. Plaintiffs were represented by private counsel and attorneys from Westside Justice Center, People's Law Office, as well as attorney-professors at Northwestern and University of Chicago.

The lawsuit followed the dispersal of federal agents to quell protests that occurred in Chicago after the police killings of George Floyd and Breonna Taylor in the spring of 2020. President Trump first sent federal agents to Portland in July, then to several other cities including Chicago later that month. The complaint did not allege that the federal troops had done anything in particular, but that their very presence was menacing. They argued that the presence of these federal agents represented violations of the plaintiffs' First Amendment rights to free speech and free protest as well as excessive force in violation of the Fourth Amendment. They also alleged conspiracy to deprive the plaintiffs of their rights. The plaintiffs requested declaratory relief that would deem the federal agents' actions illegal and injunctive relief prohibiting the policing of the protests by federal agents, ceasing the arrest of residents of Chicago, and to stop enforcing a policy of alleged "preemptive arrests."

On July 31, the plaintiffs submitted an amended complaint which added a count of violating the Tenth Amendment. They argued that the federal agents' conducting of law enforcement was an encroachment on the policing powers left to the state and local government.

The defendants filed a motion to dismiss arguing that the plaintiffs lacked standing and failed to state a claim on October 2. They argued that the plaintiffs lacked standing because the plaintiffs' alleged injuries that took place in other cities and statements by the President, Attorney General, and Acting Secretary of DHS, but failed to allege particular and concrete injuries their organizations in Chicago. In addition, even if the plaintiffs had standing, the defendants argued that the plaintiffs failed to state a claim under the Tenth Amendment because the plaintiffs did not cite that a specific federal law violated the Tenth Amendment or adequately allege the federal defendants encroached on a specific power reserved to the states.

The court granted the plaintiffs numerous extensions to file a response to the defendants' motion to dismiss. The plaintiffs' response is due January 1, 2021.

The case is ongoing as of January 2, 2021.

Jack Hibbard - 08/04/2020
Emily Kempa - 01/02/2021


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