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Case Name Portland v. Barr PN-CA-0051
Docket / Court 3:20-cv-07184 ( N.D. Cal. )
State/Territory California
Case Type(s) Policing
Presidential/Gubernatorial Authority
Special Collection Litigation Against Federal Police (2020)
Police Violence Protests (Spring/Summer 2020)
Case Summary
On June 26, 2020, in the midst of widespread racial justice protests challenging police conduct, President Trump signed Executive order 13933, entitled Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence. Days later, Acting Security of Homeland Security Chad ... read more >
On June 26, 2020, in the midst of widespread racial justice protests challenging police conduct, President Trump signed Executive order 13933, entitled Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence. Days later, Acting Security of Homeland Security Chad Wolf began implementing this Executive Order by deploying federal law enforcement agents – including agents from Immigration and Customs Enforcement, the U.S. Marshals Service, and U.S. Customs and Border Protection – to Portland as part of “Operation Diligent Valor.” The city of Portland did not invite or consent to the presence of federal law enforcement.

The cities of Portland, OR and Oakland, CA brought this lawsuit against the U.S. Department of Justice and Department of Homeland Security on October 14, 2020, challenging the federal government’s new policy that expanded the jurisdiction of federal law enforcement. Plaintiffs asserted that the federal agents deployed during “Operation Diligent Valor” acted beyond the purpose of protecting federal persons or property. The cities, represented by their respective city attorneys and Public Rights Project, brought the suit under the Administrative Procedure Act, alleging that the actions taken by the defendants were not in accordance with the law, were arbitrary and capricious, and were in excess of federal authority. In addition, the plaintiffs alleged that Chad Wolf was not legally authorized to hold the position of Acting Secretary of Homeland Security under the Federal Vacancies Reform Act and the Homeland Security Act and therefore any actions he took to enact, enforce, or contribute to the policy must be held unlawful and set aside. Finally, plaintiffs alleged that the federal government acted in violation of the Tenth Amendment by commandeering the Portland Police Bureau and interfering with Portland’s police powers as designated to it by the State of Oregon.

The case was initially assigned to Magistrate Judge Sallie Kim on October 14, 2020. Plaintiffs declined to proceed before a Magistrate Judge and the case was reassigned to Judge Edward M. Chen. Defendants filed a motion to dismiss for lack of jurisdiction or in the alternative to transfer venue on December 21, 2020. The Court has yet to decide the motion. Plaintiffs filed an amended complaint on January 21, 20201 that, for the most part, maintained the core aspects of the original. As of March 7, 2021, the case remains pending before the District Court with the Initial Case Management Conference set for October 7, 2021.

Rachel Harrington - 03/07/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism (including 10th Amendment)
Defendant-type
Jurisdiction-wide
General
Pattern or Practice
Plaintiff Type
City/County Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Department of Homeland Security
Department of Justice
Plaintiff Description City of Portland, OR and City of Oakland, CA.
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 10/14/2020
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)
  Portland and Oakland Sue Trump Administration for Unlawful Deployment of Federal Agents and Unconstitutional Interference with Local Control
Public Rights Project
Date: Oct. 15, 2020
By: Public Rights Project
[ Detail ] [ External Link ]

Court Docket(s)
N.D. Cal.
02/23/2021
3:20-cv-07184-EMC
PN-CA-0051-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Cal.
10/14/2020
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PN-CA-0051-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
01/21/2021
First Amended Complaint for Declaratory and Injunctive Relief [ECF# 42]
PN-CA-0051-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Chen, Edward Milton (N.D. Cal.) show/hide docs
PN-CA-0051-9000
Plaintiff's Lawyers Bee, Maria (California) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-0002 | PN-CA-0051-9000
Gong, LiJia (California) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-0002 | PN-CA-0051-9000
Habig, Jill Ellen (California) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-0002 | PN-CA-0051-9000
McPherson, Malia (California) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-0002 | PN-CA-0051-9000
Miller, Jonathan B (California) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-0002 | PN-CA-0051-9000
Parker, Barbara J (California) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-0002 | PN-CA-0051-9000
Reeve, Tracy (Oregon) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-9000
Savitsky, Zoe Meryl (California) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-0002 | PN-CA-0051-9000
Sheffield, Naomi (Oregon) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-0002 | PN-CA-0051-9000
Stilwell, Victoria (California) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-9000
Taylor, Robert L (California) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-0002 | PN-CA-0051-9000
Vannier, Denis M. (Oregon) show/hide docs
PN-CA-0051-0001 | PN-CA-0051-0002 | PN-CA-0051-9000
Defendant's Lawyers Clendenen, Michael Patrick (District of Columbia) show/hide docs
PN-CA-0051-9000
Lynch, Jason C. (District of Columbia) show/hide docs
PN-CA-0051-9000

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