Case: Pettibone v. Trump

3:20-cv-01464 | U.S. District Court for the District of Oregon

Filed Date: Aug. 26, 2020

Closed Date: Jan. 20, 2025

Clearinghouse coding complete

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 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, Acting DHS Secretary 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 2020, the federal government deployed more than 100 federal law enforcement officers or agents in response to 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 maintained the core aspects of the original. On September 13, 2021, Magistrate Judge You issued findings and recommendations advising the court to grant the defendants' motion to dismiss the plaintiffs' Bivens and conspiracy claims against the DHS Secretary and Federal Protective Service (FPS) Regional Director. On December 27, 2021, District Judge Michael H. Simon adopted Judge You's findings and recommendations in part. Judge Simon dismissed the Bivens claim against the DHS Secretary, determining that the plaintiff's Bivens claim was novel since the secretary was so far removed from the alleged unconstitutional acts, and that the special factors weighed against recognizing it as a new type of Bivens action. But the court did not dismiss the Bivens claim against the FPS Regional Director because he was personally involved in and directly supervised the alleged unconstitutional acts. Meanwhile, the court accepted Judge You's recommendation to dismiss the counts of conspiracy to violate the plaintiffs' Equal Protection rights by racially discriminating against them, finding that the plaintiffs did not allege sufficient facts to support their allegation that the DHS Secretary's and FPS Regional Director's animus against protestors was racially motivated.

The defendants appealed the district court's December 27, 2021 partial denial of their motions to dismiss to the U.S. Court of Appeals for the Ninth Circuit (22-35183) on February 24, 2022. On February 2, 2023, the Ninth Circuit ultimately reversed the lower court’s order denying the defendant’s motion to dismiss this case. The Ninth Circuit reasoned that a Bivens cause of action is not available in this case as it factually differs from the Bivens case and this presents a new context. The Court of Appeals suggested that alternative remedies were available to the plaintiffs, such as reporting any alleged misconduct to the Inspector General of the Department of Homeland Security.

Meanwhile, in the district court, on September 22, 2022, Magistrate Judge Youlee Kim issued findings and recommendations advising the court to grant the defendants’ series of motions to dismiss and limit the plaintiffs’ ability to sue the federal agents for monetary damages. In her report, the Judge relied on the U.S. Supreme Court’s ruling in Egbert v. Boule and stated that this decision foreclosed the plaintiffs from availing themselves of Bivens cause of action for their Fourth Amendment claims.

On January 4, 2023, Plaintiffs filed a third amended complaint. This complaint asserted claims against the United States under the Federal Tort Claims Act, and the Plaintiffs asserted FTCA claims for assault, battery, intentional infliction of emotional distress (IIED), and negligent infliction of emotional distress (NIED). One plaintiff also asserted claims for trespass to chattels and false arrest/imprisonment, and another Plaintiff asserted a defamation claim.

On May 10, 2023, defendants filed a Partial Motion to Dismiss, arguing that the plaintiffs’ FTCA claims (other than the false arrest/imprisonment claim) should be dismissed. In response, plaintiffs dismissed the trespass to chattels claim and the defamation claim, opposing dismissal as to all other claims.

On February 26, 2024 Magistrate Judge Youlee Kim issued findings and recommendations regarding the defendants’ partial motion to dismiss, recommending that the court grant their motion in respect to plaintiffs’ assault, battery, IIED, and NIED claims. The defendants’ objected to the report in regards to the recommendations on plaintiffs’ battery, assault, IIED, and NIED claims.

On August 12, 2024, plaintiffs filed a fourth amended complaint. In their amended complaint, plaintiffs sought to add a negligence claim against defendants. This claim alleged that defendants “were negligent in their determination and/or authorization of when, whether, and how to deploy force and the amount of force used, in carrying out their use of their force, and/or in taking aim at their intended target(s) when they” struck Plaintiffs. Defendants filed a motion to dismiss, arguing that this negligence claim should be dismissed because the FTCA has a discretionary function exception which precludes exercise of jurisdiction over the claims, and that the plaintiffs failed to state a negligence claim as their claim was premised on alleged intentional conduct.

On January 20, 2025, plaintiffs filed a motion to dismiss the case with prejudice. On the same day, the court dismissed the case with prejudice, and each party bore their own costs and attorney’s fees. The case is closed.

Summary Authors

Rachel Harrington (2/19/2021)

Kevin Decker (6/22/2022)

Renuka Wagh (3/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17484686/parties/pettibone-v-trump/

Judge(s)

Attorney for Plaintiff

Chase, Crystal S (Oregon)

Attorney for Defendant

16, DEF (Oregon)

19, DEF (Oregon)

Clendenen, Michael Patrick (Oregon)

Cutler, David G. (District of Columbia)

Judge(s)

You, Youlee Yim (Oregon)

Attorney for Plaintiff

Chase, Crystal S (Oregon)

Edwards, Amy (Oregon)

Gale, Rachel S.D. (Oregon)

Goldberg, Jacob C (Oregon)

Hanchett, Todd A (Oregon)

Ho, Andrew T (Oregon)

Kilcup, James A. (Oregon)

Lee, Rachel C (California)

Lindaman, Kaitlyn K. (Oregon)

Mackinnon, Dominik (Oregon)

Mullin, Joel A (Oregon)

Ramfjord, Per A (Oregon)

Rifer, Christopher (Oregon)

Rysselberghe, Alex Van (Oregon)

Sacks, Jeremy D (Oregon)

Segal, Matthew (Oregon)

Simon, Kelly K. (Oregon)

Tamm, Ryan (Oregon)

Tichenor, Geoffrey B (Oregon)

Attorney for Defendant

16, DEF (Oregon)

19, DEF (Oregon)

Clendenen, Michael Patrick (Oregon)

Cutler, David G. (District of Columbia)

Du, Sarah (Oregon)

Eiser, Larry (Oregon)

Evans, Neil J. (Oregon)

Greene, Glenn S. (District of Columbia)

Inkeles, David (Oregon)

Klein, Sarah (Oregon)

Malycke, Catherine J. (Oregon)

Menikoff, Carrie (Oregon)

Nabatoff, Ross Andrew (Oregon)

Pyasetskyy, Chelsea P. (Oregon)

Robinson, Kent S (Oregon)

Rusk, Justin T. (Oregon)

Thenell, Daniel E. (Oregon)

Treaster, Grant (Oregon)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:20-cv-01464	Docket [PACER]	Feb. 3, 2021	Feb. 3, 2021 Docket
1 3:20-cv-01464	Complaint	Aug. 26, 2020	Aug. 26, 2020 Complaint
18 3:20-cv-01464	Amended Complaint	Jan. 8, 2021	Jan. 8, 2021 Complaint
81 3:20-cv-01464	Amended Complaint (ALL CASE TYPES)	July 14, 2021	July 14, 2021 Complaint
149 3:20-cv-01464	Opinion and Order	Dec. 27, 2021	Dec. 27, 2021 Order/Opinion
228 3:20-cv-01464	Opinion U.S. Court of Appeals for the Ninth Circuit	Feb. 2, 2023	Feb. 2, 2023 Order/Opinion 59 F.4th 449
327 3:20-cv-01464	Stipulated Motion for Order of Dismissal with Prejudice	Jan. 20, 2025	Jan. 20, 2025 Pleading / Motion / Brief
329 3:20-cv-01464	Order of Dismissal with Prejudice	Jan. 20, 2025	Jan. 20, 2025 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Black Millennial Movement et al v Trump ACLU Oregon	Protesters who were abducted, beaten, and gassed by federal agents in Portland, Oregon, are suing President Trump, the Department of Homeland Security, the U.S. Marshals Service, DHS officials, and t…	2021	Jan. 1, 2021 https://www.aclu-or.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17484686/pettibone-v-trump/

Last updated April 8, 2026, 5:15 a.m.

ECF Number	Date	Description	Link
1	Aug. 26, 2020	Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7159324 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Ramfjord, Per) (Entered: 08/26/2020) 1 Civil Cover Sheet View on PACER 2 Proposed Summons View on PACER	Clearinghouse
2	Aug. 26, 2020	Notice of Case Assignment to Magistrate Judge Youlee Yim You and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 12/24/2020. Joint Alternate Dispute Resolution Report is due by 1/25/2021. Ordered by Magistrate Judge Youlee Yim You. (sb) (Entered: 08/26/2020)	RECAP
3	Aug. 26, 2020	Summons Issued Electronically as to Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sb) (Entered: 08/26/2020)	RECAP
4	Sept. 15, 2020	Corporate Disclosure Statement of Plaintiff Black Millennial Movement. Filed by Black Millenial Movement. (Edwards, Amy) (Entered: 09/15/2020)	RECAP
5	Sept. 15, 2020	Corporate Disclosure Statement of Plaintiff Rose City Justice, Inc.. Filed by Rose City Justice, Inc.. (Edwards, Amy) (Entered: 09/15/2020)	RECAP
6	Oct. 19, 2020	Notice of Appearance of Michael Patrick Clendenen appearing on behalf of Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf Filed by on behalf of Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 10/19/2020)	RECAP
7	Oct. 26, 2020	Unopposed Motion for Extension of Time to Answer Complaint. Filed by Gabriel Russell, United States Marshals Service, Donald J. Trump, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Attachment Proposed Order) (Clendenen, Michael) (Entered: 10/26/2020)	RECAP
8	Oct. 26, 2020	Amended Motion for Extension of Time to Answer Complaint (Unopposed). Filed by Gabriel Russell, United States Marshals Service, Donald J. Trump, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Attachment Proposed Order) (Clendenen, Michael) (Entered: 10/26/2020)	RECAP
9	Oct. 26, 2020	ORDER: (Amended motion 8 is granted; motion 7 is moot). Signed on 10/26/2020 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 10/26/2020)	RECAP
10	Nov. 13, 2020	Acceptance/Acknowledgement of Service of Summons Issued, 3 on Donald J. Trump served on 11/9/2020 Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)	RECAP
11	Nov. 13, 2020	Acceptance/Acknowledgement of Service of Summons Issued, 3 on Chad F. Wolf served on 11/9/2020 in his individual and official capacity Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)	RECAP
12	Nov. 13, 2020	Acceptance/Acknowledgement of Service of Summons Issued, 3 on Gabriel Russell served on 11/9/2020 in his individual and official capacity Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)	RECAP
13	Nov. 13, 2020	Acceptance/Acknowledgement of Service of Summons Issued, 3 on United States Department of Homeland Security served on 11/9/2020 Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)	RECAP
14	Nov. 13, 2020	Acceptance/Acknowledgement of Service of Summons Issued, 3 on United States Marshals Service served on 11/9/2020 Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)	RECAP
15	Nov. 30, 2020	Notice of Appearance of Glenn Greene appearing on behalf of Gabriel Russell, Chad F. Wolf, both in their individual capacities Filed by on behalf of Gabriel Russell, Chad F. Wolf. (Greene, Glenn) (Entered: 11/30/2020)	RECAP
16	Dec. 1, 2020	Notice of Appearance of David G. Cutler appearing on behalf of Gabriel Russell, Chad F. Wolf, both in their individual capacities Filed by on behalf of Gabriel Russell, Chad F. Wolf. (Cutler, David) (Entered: 12/01/2020)	RECAP
17	Dec. 21, 2020	Notice of Attorney Withdrawal: Andrew Ho Filed by All Plaintiffs. (Lee, Rachel) (Entered: 12/21/2020)	RECAP
18	Jan. 8, 2021	Amended Complaint . Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Exhibits 1-11). (Ramfjord, Per) (Entered: 01/08/2021) 1 Exhibits 1-11 View on PACER	Clearinghouse
19	Jan. 14, 2021	Joint Motion for Extension of Time and to Set Briefing Schedule for Defendants Forthcoming Motions to Dismiss the Amended Complaint. Filed by Gabriel Russell, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Cutler, David) (Entered: 01/14/2021)	RECAP
20	Jan. 14, 2021	ORDER. Signed on 1/14/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 01/14/2021)	RECAP
21	Feb. 3, 2021	Joint Motion for Extension of Time . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 02/03/2021)	RECAP
22	Feb. 3, 2021	ORDERED: that Defendants shall have until February 26, 2021, to file their respective motions to dismiss; Plaintiffs shall have until April 2, 2021, to file their responses; and Defendants shall have until April 30, 2021 to file their reply briefs; and that the Parties shall confer in accordance with Fed. R. Civ. P. 26(f) and Local Rule 26-1 no later than March 7, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) Modified text on 2/03/2021 (pvh). (Entered: 02/03/2021)	RECAP
	Feb. 3, 2021	Order on Motion for Extension of Time
23	Feb. 24, 2021	Joint Motion for Extension of Time . Filed by All Defendants. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 02/24/2021)	RECAP
24	Feb. 24, 2021	ORDER: Defendants shall have until March 5, 2021, to file their respective motions to dismiss; Plaintiffs shall have until April 9, 2021, to file their responses; and Defendants shall have until May 7, 2021 to file their reply briefs; and that the Parties shall confer in accordance with Fed. R. Civ. P. 26(f) and Local Rule 26-1 no later than March 7, 2021. Signed on 2/24/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 02/24/2021)	RECAP
25	Feb. 26, 2021	Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Gabriel Russell, Chad F. Wolf. (Greene, Glenn) (Entered: 02/26/2021)	RECAP
26	March 5, 2021	Motion to Dismiss . Filed by Gabriel Russell, United States Marshals Service, Donald J. Trump, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Exhibit Declaration of Pete Cajigal, # 2 Exhibit Declaration of Patrick J. Zitny, # 3 Exhibit Declaration of CBP SOG-1) (Clendenen, Michael) (Entered: 03/05/2021)	RECAP
28	March 5, 2021	Motion for Stay of Discovery. Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 03/05/2021)	RECAP
30	March 9, 2021	Declaration of CBP SOG-1 in support of agency and official-capacity defendants' motion to dismiss. Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Main Document 30 replaced on 3/10/2021, to add a PDF that included the case caption) (cw). Modified restricted status on 5/14/2021 pursuant to Order 62 (pvh). (Entered: 03/09/2021)	RECAP
31	March 15, 2021	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Stay of Discovery 28 . Filed by All Plaintiffs. (Attachments: # 1 Proposed Order Granting Unopposed Motion for Extension of Time) (Sacks, Jeremy) (Entered: 03/15/2021)	RECAP
32	March 16, 2021	ORDER: Plaintiffs' Unopposed Motion for Extension of Time 31 to File Response to Defendants' Motion for Stay of Discovery 28 is granted. Plaintiff's response is due by Friday, 4/09/2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 03/16/2021)	RECAP
	March 16, 2021	Order on Motion for Extension of Time to File Response/Reply to Motion
33	March 19, 2021	Joint Rule 26(f) Report and Discovery Plan . Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 03/19/2021)	RECAP
34	April 2, 2021	Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 26, Motion to Dismiss for Failure to State a Claim 25 . Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/02/2021)	RECAP
35	April 2, 2021	ORDER: Unopposed Motion to Extend Briefing Schedule 34 is granted as follows: Plaintiffs shall have until April 23, 2021, to file their responses to motion to dismiss; and Defendants shall have until May 21, 2021, to file their reply briefs to motion to dismiss. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 04/02/2021)	RECAP
	April 2, 2021	Order on Motion for Extension of Time to File Response/Reply to Motion
36	April 9, 2021	Second Motion for Extension of Time to File a Response/Reply to Motion for Stay of Discovery 28 . Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/09/2021)	RECAP
37	April 9, 2021	ORDER: Plaintiffs' Second Unopposed Motion for Extension of Time 36 to File Response to Defendants' Motion for Stay of Discovery 28 is granted. Plaintiffs' response is due Friday, 4/23/2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 04/09/2021)	RECAP
	April 9, 2021	Order on Motion for Extension of Time to File Response/Reply to Motion
38	April 16, 2021	Scheduling Order: Telephonic Scheduling Conference is set for 4/21/2021 at 09:00AM in Portland by telephone before Magistrate Judge Youlee Yim You. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 04/16/2021)	RECAP
	April 16, 2021	1 - Scheduling
39	April 20, 2021	Response in Opposition to Motion for Stay of Discovery 28 Oral Argument requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 04/20/2021)	RECAP
40	April 20, 2021	Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 26 . Expedited Hearing requested. Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/20/2021)	RECAP
41	April 20, 2021	Declaration of Jeremy D. Sacks in Support of Plaintiff's Response to Agency and Official-Capacity Defendants' Motion to Stay Discovery Pending Resolution of Their Motion to Dismiss and Plaintiff's Motion to Extend Briefing Schedule on Agency Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 39, Motion for Extension of Time to File Response/Reply to a Motion 40 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N) (Sacks, Jeremy) (Entered: 04/20/2021)	RECAP
42	April 21, 2021	MINUTES of Proceedings: Telephonic Scheduling Conference held on 4/21/2021. The court stays briefing on Official Capacity Defendants' Motion to Dismiss 26 while the Motion to Stay Discovery 28 is decided. Plaintiffs may submit a revised response to the Motion to Stay Discovery. Defendants' may file a reply to the Motion to Stay Discovery within seven days of the filing of any revised response by Plaintiffs. Plaintiffs' Motion for Extension of Time 40 is resolved as moot. Jeremy D. Sacks, Crystal S. Chase, Rachel C. Lee present as counsel for plaintiffs. Michael Patrick Clendenen and Glenn Greene present as counsel for defendants. Court Reporter: Kellie Humiston. Magistrate Judge Youlee Yim You presiding. (pvh) (Entered: 04/21/2021)	RECAP
43	April 21, 2021	Declaration of Jeremy D. Sacks . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 39 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N) (Sacks, Jeremy) (Entered: 04/21/2021)	RECAP
44	April 21, 2021	Response in Opposition to Motion for Stay of Discovery 28 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Declaration of Jeremy D. Sacks) (Lee, Rachel) (Entered: 04/21/2021)	RECAP
	April 21, 2021	Scheduling Conference AND Order on Motion for Extension of Time to File Response/Reply to Motion
45	April 22, 2021	Unopposed Motion for Extension of Time re Briefing Schedule on Individual-Capacity Defendants' Motion to Dismiss 25 . Filed by All Plaintiffs. (Attachments: # 1 Proposed Order) (Lee, Rachel) (Entered: 04/22/2021)	RECAP
46	April 26, 2021	ORDER: Granting Plaintiff's Unopposed Motion 45 to Extend Briefing Schedule on Individual-Capacity Defendants' Motion to Dismiss 25 . Signed on 4/26/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 04/26/2021)	RECAP
47	April 27, 2021	Reply to Motion for Stay of Discovery 28 . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 04/27/2021)	RECAP
48	April 28, 2021	Response in Opposition to Motion to Dismiss for Failure to State a Claim 25 Oral Argument requested. Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/28/2021)	RECAP
49	April 30, 2021	Motion for Protective Order (Partial) Regarding the Use of Pseudonyms. Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 04/30/2021)	RECAP
50	April 30, 2021	Declaration of Joseph Misher . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)	RECAP
51	April 30, 2021	Declaration of Richard Jolles . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)	RECAP
52	April 30, 2021	Declaration of Timothy Hughes . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)	RECAP
53	April 30, 2021	Redacted Declaration of CBP SOG-1 . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)	RECAP
56	April 30, 2021	Declaration of CBP SOG-1. Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) Modified restricted status on 5/14/2021 pursuant to Order 62 (pvh). (Entered: 04/30/2021)	RECAP
57	May 3, 2021	Stipulated Proposed Form of Order Submitted (Protective). Filed by All Plaintiffs. (Ramfjord, Per) Modified on 5/3/2021 (pvh). (Entered: 05/03/2021)	RECAP
58	May 3, 2021	Scheduling Order: SETTING Telephonic Oral Argument for Wednesday, 5/19/2021 at 09:00AM before Magistrate Judge Youlee Yim You regarding Defendants' Motion for Stay of Discovery 28 . Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 05/03/2021)	RECAP
59	May 3, 2021	STIPULATED PROTECTIVE ORDER. Signed on 5/03/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 05/03/2021)	RECAP
	May 3, 2021	1 - Scheduling
60	May 12, 2021	Notice of Supplemental Authority Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Supplement Western States Order) (Clendenen, Michael) (Entered: 05/12/2021)	RECAP
61	May 13, 2021	Motion to Unseal a Document . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 05/13/2021) 1 Proposed Order View on PACER	RECAP
62	May 14, 2021	ORDER: Granting Motion 61 to unseal Declarations (ECF 30, 56 ). Signed on 5/14/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 05/14/2021)	RECAP
63	May 14, 2021	Response to Motion for Protective Order (Partial) Regarding the Use of Pseudonyms 49 . Filed by All Plaintiffs. (Lee, Rachel) (Entered: 05/14/2021)	RECAP
64	May 14, 2021	Declaration of Rachel C. Lee . Filed by All Plaintiffs. (Related document(s): Response to Motion 63 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Lee, Rachel) (Entered: 05/14/2021)	RECAP
65	May 17, 2021	Notice of Supplemental Authority Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Supplement Wise Order) (Clendenen, Michael) (Entered: 05/17/2021)	RECAP
66	May 19, 2021	MINUTES of Proceedings: Telephonic hearing held on Motion to Stay Discovery 28 . Motion is held in abeyance while official capacity defendants respond to jurisdictional discovery requests identified in plaintiff's exhibits L-N, which shall be accomplished within three weeks. The court's order in this regard was further clarified at the hearing on the record. By June 23, 2021, the parties shall submit a joint status report to the court regarding the progress of jurisdictional discovery. Rachel C. Lee and Kelly K. Simon present as counsel for plaintiffs. Michael Patrick Clendenen present as counsel for defendants. Court Reporter: Kellie Humiston. Magistrate Judge Youlee Yim You presiding. (pvh) (Entered: 05/19/2021)	RECAP
	May 19, 2021	Motion Hearing Held AND Order on Motion for Stay
67	May 24, 2021	Notice of Correction Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 05/24/2021)	RECAP
68	May 24, 2021	Supplemental Declaration of Pete Cajigal . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 05/24/2021)	RECAP
69	May 24, 2021	Notice of Supplemental Authority Filed by All Plaintiffs. (Attachments: # 1 Supplement Boule Order) (Chase, Crystal) (Entered: 05/24/2021)	RECAP
70	May 26, 2021	Reply to Motion to Dismiss for Failure to State a Claim 25 Oral Argument requested. Filed by Gabriel Russell, Chad F. Wolf. (Greene, Glenn) (Entered: 05/26/2021)	RECAP
71	June 9, 2021	Supplemental Declaration of Patrick J. Zitny . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 06/09/2021)	RECAP
72	June 11, 2021	Notice re Motion to Dismiss for Failure to State a Claim 25, Reply to Motion 70 Notice of Supplemental Authority Filed by Gabriel Russell, Chad F. Wolf. (Related document(s): Motion to Dismiss for Failure to State a Claim 25, Reply to Motion 70 .) (Attachments: # 1 Exhibit Opinion and Order - Clark, et al. v. Wolf, et al.) (Greene, Glenn) (Entered: 06/11/2021)	RECAP
73	June 14, 2021	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED oral argument held on 5/19/2021 before Judge Youlee Yim You via teleconference, Court Reporter Kellie Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/21/2021. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/13/2021. (Humiston, Kellie) (Entered: 06/14/2021)	RECAP
74	June 23, 2021	Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 06/23/2021)	RECAP
75	June 24, 2021	Joint Notice of Supplemental Authority Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Attachments: # 1 Supplement Black Lives Matter D.C. Order) (Clendenen, Michael) (Entered: 06/24/2021)	RECAP
76	June 24, 2021	Scheduling Order: The parties shall file another joint status report by July 7, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 06/24/2021)	RECAP
	June 24, 2021	1 - Scheduling
77	July 7, 2021	Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 07/07/2021)	RECAP
78	July 7, 2021	Supplemental Declaration of Pete Cajigal . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 07/07/2021)	RECAP
79	July 8, 2021	Scheduling Order- The Court acknowledges receipt of the parties' Joint Status Report 77 and, pursuant to their request, directs the parties to file another Joint Status Report by 7/14/2021. Ordered by Magistrate Judge Youlee Yim You. (pjg) (Entered: 07/08/2021)	RECAP
	July 8, 2021	1 - Scheduling
80	July 14, 2021	Second Amended Complaint (AUTHORIZED TO BE FILED UNDER SEAL). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Exhibits 1-11). (Lee, Rachel) (Entered: 07/14/2021)	RECAP
81	July 14, 2021	Second Amended Complaint (REDACTED). Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Exhibits 1-11). (Lee, Rachel) (Entered: 07/14/2021) 1 Exhibits 1-11 View on PACER	Clearinghouse
82	July 14, 2021	Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 07/14/2021)	RECAP
83	July 15, 2021	Scheduling Order: The parties report that they are still working on jurisdictional discovery. They shall file another joint status report on the progress of jurisdictional discovery no later than August 18, 2021. Ordered by Magistrate Judge Youlee Yim You. (pjg) (Entered: 07/15/2021)	RECAP
84	July 15, 2021	Joint Stipulation re Amended Complaint, 80 and Motions to Dismiss [25, 26] by All Plaintiffs. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 07/15/2021)	RECAP
	July 15, 2021	1 - Scheduling
85	Aug. 18, 2021	Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 08/18/2021)	RECAP
86	Aug. 19, 2021	ORDER: At the parties' request, the Court lifts the stay of Official-Capacity Defendants' Motion to Dismiss (ECF No. 26 ). Plaintiffs' response in opposition to the motion to dismiss shall be filed by September 30, 2021, and Official-Capacity Defendants' reply in support of their motion to dismiss shall be filed by October 28, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 08/19/2021)	RECAP
	Aug. 19, 2021	1 - Scheduling
87	Sept. 3, 2021	Motion for Protective Order . Expedited Hearing requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 09/03/2021)	RECAP
88	Sept. 3, 2021	Declaration of Rachel C. Lee . Filed by All Plaintiffs. (Related document(s): Motion for Protective Order 87 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Lee, Rachel) (Entered: 09/03/2021)	RECAP
89	Sept. 7, 2021	Scheduling Order: SETTING a Telephonic Hearing for Wednesday, September 8, 2021, at 10:30AM before Magistrate Judge Youlee Yim You regarding plaintiffs' Motion for Protective Order 87 . Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 09/07/2021)	RECAP
90	Sept. 7, 2021	Motion to Compel Addresses for Service on Newly Named Defendants. Expedited Hearing requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 09/07/2021)	RECAP
91	Sept. 7, 2021	Declaration of Rachel C. Lee in Support of Plaintiffs' Motion to Compel Addresses For Service On Newly Named Defendants. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to Compel 90 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Lee, Rachel) (Entered: 09/07/2021)	RECAP
92	Sept. 7, 2021	Redacted Declaration of Rachel C. Lee in Support of Plaintiffs' Motion to Compel Addresses for Service on Newly Named Defendants. Filed by All Plaintiffs. (Related document(s): Motion to Compel 90 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Lee, Rachel) (Entered: 09/07/2021)	RECAP

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Case Details

State / Territory:

Oregon

Case Type(s):

Policing

Special Collection(s):

Litigation Against Federal Police (2020)

Multi-LexSum (in sample)

Police Violence Protests

Key Dates

Filing Date: Aug. 26, 2020

Closing Date: Jan. 20, 2025

Case Ongoing: No

Plaintiffs

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.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Homeland Security

U.S. Marshals Service