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Case Name Pettibone v. Trump PN-OR-0009
Docket / Court 3:20-cv-01464 ( 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 case is about the federal law enforcement mission “Operation Diligent Valor” directed by the Department of Homeland Security against protestors during the widespread racial justice protests in Portland, Oregon in the summer of 2020. Individual Oregon residents along with Black Millennial ... read more >
This case is about the federal law enforcement mission “Operation Diligent Valor” directed by the Department of Homeland Security against protestors during the widespread racial justice protests in Portland, Oregon in the summer of 2020. Individual Oregon residents along with Black Millennial Movement and Rose City Justice, Inc. brought this lawsuit on August 26, 2020 in the U.S. District Court for the District of Oregon against President Donald Trump, Chad Wolf, the Department of Homeland Security, and the U.S. Marshals Service. The plaintiffs alleged violations of the First and Fourth Amendments, as well as unlawful action exceeding authority by federal agencies under 40 U.S.C § 1315. Plaintiffs also raised claims under 42 U.S.C. §§ 1985 and 1986, alleging a conspiracy by the defendants to deprive the plaintiffs of their civil rights. Represented by the ACLU of Oregon and private counsel, the plaintiffs sought declaratory and injunctive relief, including declarations that the acts of federal law enforcement agencies were unlawful and ultra vires, as well as expungement of all records and information of unlawful arrests. Plaintiffs also sought compensatory and punitive damages to be proven at trial.

In July of 2020, the federal government deployed more than 100 federal law enforcement officers or agents in an alleged effort to quell the widespread protests against systemic racial injustice and police violence near the Mark O. Hatfield Federal Courthouse in downtown Portland, in which the plaintiffs participated. The plaintiffs alleged that heavily-armed, militarized law enforcement officials indiscriminately used excessive force against protestors and that a number of protestors were unlawfully detained or arrested by federal agents. They asserted that the defendants’ actions in support of “Operation Diligent Valor” violated their First Amendment rights to freedom of speech and peaceful assembly and their Fourth Amendment right against unreasonable search and seizure. In addition, they claimed that the actions undertaken by federal officials were not legally authorized because Chad Wolf was not properly serving as Acting Secretary of DHS under the requirement of the Homeland Security Act of 2002, the deployed officers were not properly designated, and the deployed officers acted outside of the scope of their authority by acting off federal property and making warrantless arrests, among other acts.

The case was assigned to Magistrate Judge Youlee Yim You on August 26, 2020. On January 8, 2021, the plaintiffs filed an amended complaint that, for the most part, maintained the core aspects of the original. As of February 19, 2021, the case remains pending in District Court and defendants’ motions to dismiss are due by Friday, February 26, 2021.

Rachel Harrington - 02/19/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Excessive force
Over/Unlawful Detention
Pattern or Practice
Pepper/OC spray
Search policies
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1985
Ex Parte Young (Federal) or Bivens
Defendant(s) U.S. Department of Homeland Security
U.S. Marshals Service
Plaintiff Description Individual Oregonians along with Black Millennial Movement and Rose City Justice, Inc., alleging that federal law enforcement unlawfully detained and used excessive force against them during Portland protests against systemic racism and police violence.
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 08/26/2020
Case Ongoing Yes
Additional Resources
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  Black Millennial Movement et al v Trump
ACLU Oregon
Date: 2021
By: ACLU Oregon
[ Detail ] [ External Link ]

Court Docket(s)
D. Or.
02/03/2021
3:20-cv-01464-YY
PN-OR-0009-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Or.
08/26/2020
Complaint [ECF# 1]
PN-OR-0009-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
01/08/2021
Amended Complaint [ECF# 18]
PN-OR-0009-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges You, Youlee Yim Court not on record show/hide docs
PN-OR-0009-9000
Plaintiff's Lawyers Chase, Crystal S (Oregon) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-0002 | PN-OR-0009-9000
Edwards, Amy (Oregon) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-0002 | PN-OR-0009-9000
Goldberg, Jacob C (Oregon) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-0002 | PN-OR-0009-9000
Hanchett, Todd A (Oregon) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-0002 | PN-OR-0009-9000
Ho, Andrew T (Oregon) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-9000
Lee, Rachel C (California) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-0002 | PN-OR-0009-9000
Mullin, Joel A (Oregon) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-0002 | PN-OR-0009-9000
Ramfjord, Per A (Oregon) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-0002 | PN-OR-0009-9000
Sacks, Jeremy D (Oregon) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-0002 | PN-OR-0009-9000
Simon, Kelly K. (Oregon) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-0002 | PN-OR-0009-9000
Tichenor, Geoffrey B (Oregon) show/hide docs
PN-OR-0009-0001 | PN-OR-0009-0002 | PN-OR-0009-9000
Defendant's Lawyers Cutler, David G. (District of Columbia) show/hide docs
PN-OR-0009-9000
Greene, Glenn S. (District of Columbia) show/hide docs
PN-OR-0009-9000

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