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Case Name Wise v. Portland PN-OR-0007
Docket / Court 3:20-cv-01193 ( D. Or. )
State/Territory Oregon
Case Type(s) Policing
Special Collection Litigation Against Federal Police (2020)
Police Violence Protests (Spring/Summer 2020)
Attorney Organization ACLU Affiliates (any)
Case Summary
This lawsuit was filed on July 22, 2020 in the U.S. District Court for the District of Oregon by four individual plaintiffs represented by the ACLU Foundation of Oregon and private counsel. The complaint arose out of the protests that followed the police killing of George Floyd in May of 2020 ... read more >
This lawsuit was filed on July 22, 2020 in the U.S. District Court for the District of Oregon by four individual plaintiffs represented by the ACLU Foundation of Oregon and private counsel. The complaint arose out of the protests that followed the police killing of George Floyd in May of 2020. After Mr. Floyd's killing protests broke out across the country condemning what happened to Mr. Floyd, police brutality, and racial inequality more generally. While the protests were mostly peaceful, there was some violence and property destruction at certain protests. By mid-July, President Trump deployed federal law enforcement against protesters in Portland, threatening to do the same in other cities as well. These law enforcement agents had neither their own names nor agency names attached to their uniforms.

The four plaintiffs in this case were all individuals with medical training who were using that training to assist people injured during the protests. They brought suit against the City of Portland, one named Portland police officer, sixty unnamed Portland police officers, the Department of Homeland Security (DHS), the U.S. Marshals Service, and forty unnamed federal law enforcement agents. The complaint alleged that at various points between early June through mid-July, defendants had engaged in tactics to quell the protests that violated their First and Fourth Amendment rights, and that the federal government was in violation of the Administrative Procedure Act. They alleged that the defendants were engaging in behavior, in violation of the First Amendment, which would have a "chilling effect" on the plaintiffs' speech. Furthermore, they alleged that the defendants' use of chemical weapons, semi-lethal projectiles, and riot batons against peaceful protesters represented excessive use of force in violation of the Fourth Amendment. Finally, the complaint asserts that the federal defendants were acting arbitrarily and capriciously in using anti-protest tactics, thereby violating the Administrative Procedure Act. They sought injunctive relief and declaratory relief. They also sought compensatory and punitive damages, and attorney's fees and costs. Two days after filing the complaint, the plaintiffs filed a motion for a temporary restraining order against the federal and municipal defendants.

The case was assigned to Judge Karin J. Immergut.

Before the court held a hearing on the motion for a temporary restrainting order, the federal defendants announced an intention to reduce their presence in Portland. Shortly after, the plaintiffs filed withdrew their motion.

On August 21, the plaintiffs submitted a second motion for a temporary restraining order against the municipal defendants and order to show cause as to why a preliminary injunction should not be entered against the municipal defendants. By September 2, 2020, Judge Immergut had issued her ruling. 2020 WL 5231486. She denied the motion, finding that the the plaintiffs did not allege sufficient facts and legal support to warrant specialized treatment for protest medics. She also held that the TRO was unworkable in practice, given the chaotic circumstances of the protests and that the line between protest medic and protester was not sufficiently clear.

The case is ongoing as of October 8, 2020.

Jack Hibbard - 10/08/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Petitions clause
Unreasonable search and seizure
Content of Injunction
Preliminary relief denied
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Aggressive behavior
Excessive force
Over/Unlawful Detention
Pepper/OC spray
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) City of Portland
Portland Police Bureau
United States Department of Homeland Security
United States Marshals Service
Plaintiff Description Four medics administering aid during protests in Portland, OR
Indexed Lawyer Organizations ACLU Affiliates (any)
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 07/24/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  ACLU Sues Feds, Portland Police for Attacking Medics at Protests
ACLU Oregon
Date: July 22, 2020
By: ACLU Oregon
[ Detail ] [ External Link ]

Court Docket(s)
D. Or.
09/25/2020
3:20-cv-01193-IM
PN-OR-0007-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Or.
07/22/2020
Complaint [ECF# 1]
PN-OR-0007-0001.pdf | Detail
D. Or.
08/21/2020
Plaintiffs' Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should not Enter Against Municipal Defendants; Memorandum of Law in Support Thereof [ECF# 35]
PN-OR-0007-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
09/02/2020
Opinion and Order [ECF# 49] (483 F.Supp.3d 956)
PN-OR-0007-0003.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Immergut, Karin Johanna (D. Or.) show/hide docs
PN-OR-0007-0003 | PN-OR-0007-9000
Plaintiff's Lawyers Grannum, Shane (District of Columbia) show/hide docs
PN-OR-0007-0001 | PN-OR-0007-0002
Isaak, Misha A.D. (Oregon) show/hide docs
PN-OR-0007-0001 | PN-OR-0007-0002 | PN-OR-0007-9000
Johnson, Thomas R. (Oregon) show/hide docs
PN-OR-0007-0001 | PN-OR-0007-0002 | PN-OR-0007-9000
Mahmood, Sarah (District of Columbia) show/hide docs
PN-OR-0007-0001 | PN-OR-0007-0002
Morales, Nathan R (Oregon) show/hide docs
PN-OR-0007-0001 | PN-OR-0007-0002 | PN-OR-0007-9000
Peck, Courtney (Oregon) show/hide docs
PN-OR-0007-0001 | PN-OR-0007-0002 | PN-OR-0007-9000
Simon, Kelly K. (Oregon) show/hide docs
PN-OR-0007-0001 | PN-OR-0007-0002 | PN-OR-0007-9000
Watterson, Zachary (California) show/hide docs
PN-OR-0007-0001 | PN-OR-0007-0002

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