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Case Name Index Newspapers LLC v. City of Portland PN-OR-0003
Docket / Court 3:20-cv-1035 ( 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 Chapters (any)
Case Summary
This class action lawsuit was filed on June 28, 2020 in the U.S. District Court for the District of Oregon. The case was brought by members of the media and legal observers amidst the protests that followed the police killing of George Floyd against the City of Portland and sixty unnamed Portland ... read more >
This class action lawsuit was filed on June 28, 2020 in the U.S. District Court for the District of Oregon. The case was brought by members of the media and legal observers amidst the protests that followed the police killing of George Floyd against the City of Portland and sixty unnamed Portland Police Bureau (PPB) officers. Plaintiffs were represented by the ACLU Foundation of Oregon. The complaint alleged that PPB had a pattern of targeting and retaliating against journalists and neutral observers. The complaint alleged that defendants' actions were violations of the First and Fourth Amendments of the U.S. Constitution, as well provisions of the Oregon state constitution that protect free speech and free assembly. They sought declaratory, injunctive, and monetary relief, including punitive damages. They also sought attorney's fees and costs.

The case was assigned to Judge Anna J. Brown, but then reassigned to Judge Michael H. Simon shortly thereafter.

Plaintiffs filed a motion for a temporary restraining order (TRO) on the last day of June, and the court granted it in part a few days later. The TRO ordered that neither PPB nor anyone operating with the PPB would be allowed to arrest a media reporter unless they had suspicion that the individual had committed a crime. It also made clear that orders to disperse were not to apply to reporters and observers, but that reporters and observers were to wear signs that signaled they were part of the protected class. Furthermore, police were not to seize equipment or press passes from reporters or legal observers. The order lasted two weeks.

On July 10, the plaintiffs submitted an amended complaint, which asserted the same allegations, but adding several plaintiffs (including Index Newspapers). Nearly a week later, the plaintiffs filed an emergency motion to submit a second amended complaint, this time adding as defendants the U.S. Department of Homeland Security (DHS) and the U.S. Marshal Services (USMS). Again, the claims for relief did not change.

Additionally, the plaintiffs and defendant City of Portland submitted a stipulated to a preliminary injunction that had the same terms as the TRO, set to expire on October 30. They also filed a motion for a TRO against the DHS and USMS with more or less the same arguments and requests that were made against the PPB in their TRO. The federal defendants submitted a memo a few days later arguing against the TRO, claiming that the plaintiffs did not have standing, were unlikely to succeed on the merits, could not demonstrate irreparable harm, and that the balance of equities did not weigh in the plaintiffs' favor. To make things even more interesting, the City of Portland also filed a memo in support of the TRO against the federal officers, an indication of the City's exasperation with the federal presence. Finally, on July 22, the plaintiffs filed a rebuttal to the DHS's and USMS's memo in opposition to the TRO.

The next day, Judge Simon granted the TRO against the federal defendants, with the same provisions as the TRO against the PPB. Then, on July 28, the plaintiffs submitted a motion asking the court to find the DHS and U.S. Marshals in contempt of court and to issue sanctions over alleged violations of the terms of the TRO. According to the motion (and several media reports), federal agents shot at journalists mere hours after the TRO was issued. Meanwhile, the federal defendants filed a motion asking the court to reconsider the TRO. Neither the motion to reconsider nor the motion to find the federal defendants in contempt have been ruled on as of August 6, 2020. The case is ongoing.

Jack Hibbard - 07/23/2020
Jack Hibbard - 08/06/2020


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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 granted
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Aggressive behavior
Excessive force
Over/Unlawful Detention
Pepper/OC spray
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
State law
Defendant(s) City of Portland
John Does 1-60 (PPB Officers)
U.S. Department of Homeland Security (DHS)
United States Marshals Service
Plaintiff Description Several individuals and a media corporation Index Newspapers LLC
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Order Duration 2020 - 2020
Filed 06/28/2020
Case Ongoing Yes
Additional Resources
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Docket(s)
3:20−cv−01035−SI (D. Or.)
PN-OR-0003-9000.pdf | Detail
Date: 07/23/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Allegation Complaint [ECF# 1]
PN-OR-0003-0001.pdf | Detail
Date: 06/28/2020
Source: PACER [Public Access to Court Electronic Records]
Temporary Restraining Order [ECF# 33] (2020 WL 3621179) (D. Or.)
PN-OR-0003-0002.pdf | WESTLAW | Detail
Date: 07/02/2020
Source: PACER [Public Access to Court Electronic Records]
Class Action Allegation First Amended Complaint [ECF# 40]
PN-OR-0003-0003.pdf | Detail
Date: 07/10/2020
Source: PACER [Public Access to Court Electronic Records]
Emergency Motion for Leave to File Second Amended Complaint [ECF# 42]
PN-OR-0003-0004.pdf | Detail
Date: 07/14/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Reply Brief in Support of Emergency Motion for Leave to File Second Amended Complaint [ECF# 47]
PN-OR-0003-0005.pdf | Detail
Date: 07/16/2020
Source: PACER [Public Access to Court Electronic Records]
Stipulated Preliminary Injunction [ECF# 49] (D. Or.)
PN-OR-0003-0006.pdf | Detail
Date: 07/16/2020
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 52] (2020 WL 403684) (D. Or.)
PN-OR-0003-0007.pdf | WESTLAW | Detail
Date: 07/17/2020
Source: PACER [Public Access to Court Electronic Records]
Class Action Allegation Second Amended Complaint [ECF# 53]
PN-OR-0003-0008.pdf | Detail
Date: 07/17/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service [ECF# 54]
PN-OR-0003-0009.pdf | Detail
Date: 07/17/2020
Source: PACER [Public Access to Court Electronic Records]
Federal Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 67]
PN-OR-0003-0010.pdf | Detail
Date: 07/21/2020
Source: PACER [Public Access to Court Electronic Records]
City Memorandum in Support of Motion for Temporary Restraining Order Against Federal Defendants [ECF# 70]
PN-OR-0003-0011.pdf | Detail
Date: 07/22/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service [ECF# 79]
PN-OR-0003-0012.pdf | Detail
Date: 07/22/2020
Source: PACER [Public Access to Court Electronic Records]
Temporary Restraining Order Enjoining Federal Defendants [ECF# 84] (2020 WL 4220820) (D. Or.)
PN-OR-0003-0013.pdf | WESTLAW | Detail
Date: 07/23/2020
show all people docs
Judges Simon, Michael Howard (D. Or.) show/hide docs
PN-OR-0003-0002 | PN-OR-0003-0006 | PN-OR-0003-0007 | PN-OR-0003-0013 | PN-OR-0003-9000
Plaintiff's Lawyers Acharya, Athul K (California) show/hide docs
PN-OR-0003-0001 | PN-OR-0003-0003 | PN-OR-0003-0004 | PN-OR-0003-0005 | PN-OR-0003-0008 | PN-OR-0003-0009 | PN-OR-0003-0012 | PN-OR-0003-9000
Borden, Matthew Brooks (California) show/hide docs
PN-OR-0003-0001 | PN-OR-0003-0003 | PN-OR-0003-0004 | PN-OR-0003-0005 | PN-OR-0003-0008 | PN-OR-0003-0009 | PN-OR-0003-0012 | PN-OR-0003-9000
Hagey, J Noah (California) show/hide docs
PN-OR-0003-0001 | PN-OR-0003-0003 | PN-OR-0003-0004 | PN-OR-0003-0005 | PN-OR-0003-0008 | PN-OR-0003-0009 | PN-OR-0003-0012 | PN-OR-0003-9000
Martz, Gunnar (California) show/hide docs
PN-OR-0003-0001 | PN-OR-0003-0003 | PN-OR-0003-0004 | PN-OR-0003-0005 | PN-OR-0003-0008 | PN-OR-0003-0009 | PN-OR-0003-0012 | PN-OR-0003-9000
Simon, Kelly K. (Oregon) show/hide docs
PN-OR-0003-0001 | PN-OR-0003-0003 | PN-OR-0003-0004 | PN-OR-0003-0005 | PN-OR-0003-0008 | PN-OR-0003-0009 | PN-OR-0003-0010 | PN-OR-0003-0012 | PN-OR-0003-9000
Defendant's Lawyers Bailey, Ryan C (Oregon) show/hide docs
PN-OR-0003-0011 | PN-OR-0003-9000
Davis, Ethan P. (District of Columbia) show/hide docs
PN-OR-0003-0010
Haas, Alexander K (District of Columbia) show/hide docs
PN-OR-0003-0010
Hall, Jeffery A. (Virginia) show/hide docs
PN-OR-0003-0010
Joh, YoungWoo (Oregon) show/hide docs
PN-OR-0003-0011 | PN-OR-0003-9000
Morrell, David Michael (District of Columbia) show/hide docs
PN-OR-0003-0010
Rosenberg, Brad P. (District of Columbia) show/hide docs
PN-OR-0003-0010
Sheffield, Naomi (Oregon) show/hide docs
PN-OR-0003-0011 | PN-OR-0003-9000
Vannier, Denis M. (Oregon) show/hide docs
PN-OR-0003-0011 | PN-OR-0003-9000
Von Bokern, Jordan L (District of Columbia) show/hide docs
PN-OR-0003-0010
Warden, Andrew Irwin (District of Columbia) show/hide docs
PN-OR-0003-0010 | PN-OR-0003-9000
Williams, Billy J. (Oregon) show/hide docs
PN-OR-0003-0010
Other Lawyers Buchal, James L (Oregon) show/hide docs
PN-OR-0003-9000

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