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


compress summary