University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Western States Center v. Department of Homeland Security PN-OR-0004
Docket / Court 3:20-cv-01175-JR ( D. Or. )
State/Territory Oregon
Case Type(s) Policing
Special Collection Litigation Against Federal Police (2020)
Police Violence Protests (Spring/Summer 2020)
Case Summary
This lawsuit, filed on July 21, 2020 in the U.S. District Court for the District of Oregon, was brought by the Western State Center (a public benefit corporation), the First Unitarian Church of Portland, a private individual, and two Oregon State Representatives. Represented by private attorneys, ... read more >
This lawsuit, filed on July 21, 2020 in the U.S. District Court for the District of Oregon, was brought by the Western State Center (a public benefit corporation), the First Unitarian Church of Portland, a private individual, and two Oregon State Representatives. Represented by private attorneys, they sued the U.S. Department of Homeland Security, the U.S. Customs and Border Protection, Federal Protective Service, and the U.S. Marshal Service over the defendants' presence and role in quelling protests that ensued after the police killing of George Floyd in May of 2020.

The complaint alleged violation of the First and Tenth Amendments. The First Amendment claim was brought by First Unitarian Church and argued that the defendants' arrests of protesters were in violation of the First Amendment right to protest, but also in violation of the Free Exercise clause, as protest was an integral part of the church's philosophy. The Tenth Amendment claim, brought by all plaintiffs, claimed that the federal agencies' enforcement of law on Portland property (and not just federal property) amounted to an unconstitutional violation of the principles of federalism. Plaintiffs requested declaratory relief, injunctive relief, and attorney's fees and costs.

However, on July 27, the plaintiffs submitted an amended complaint. The amended complaint retained the arguments about free speech, free exercise, and principles of federalism, but added other claims regarding the Fourth Amendment. Specifically, the plaintiffs alleged that the federal agents were arresting Portland residents without probable cause, adding that some of these arrests were caught on video. Protesters were taken off the street by non-uniformed federal officers and hauled into unmarked vans.

Two days later the plaintiffs submitted a motion for a temporary restraining order with an expedited hearing. However, on August 4 the court granted an email request to withdraw this motion as moot. This is probably because the court had already granted a TRO against against federal agents in Portland in compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Federalism (including 10th Amendment)
Free Exercise Clause
Freedom of speech/association
Petitions clause
Defendant-type
Jurisdiction-wide
General
Pepper/OC spray
Plaintiff Type
Non-profit NON-religious organization
Non-profit religious organization
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Federal Protective Service
United States Customs and Border Protection
United States Department of Homeland Security
United States Marshals Service (USMS)
Plaintiff Description Western States Center, First Unitarian Church of Portland, two Oregon state representatives, and a private individual
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief Attorneys fees
Source of Relief None yet
Filed 07/21/2020
Case Ongoing Yes
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
3:20-cv-01175-JR (D. Or.)
PN-OR-0004-9000.pdf | Detail
Date: 07/22/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive and Declaratory Relief [ECF# 1]
PN-OR-0004-0001.pdf | Detail
Date: 07/21/2020
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 14]
PN-OR-0004-0002.pdf | Detail
Date: 07/27/2020
Source: PACER [Public Access to Court Electronic Records]
Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 16]
PN-OR-0004-0003.pdf | Detail
Date: 07/29/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Russo, Jolie A. Court not on record [Magistrate] show/hide docs
PN-OR-0004-9000
Plaintiff's Lawyers Davidson, Clifford S (Oregon) show/hide docs
PN-OR-0004-0001 | PN-OR-0004-0002 | PN-OR-0004-0003 | PN-OR-0004-9000
Dove, Kelly H. (Nevada) show/hide docs
PN-OR-0004-0001
Jacobs, Andrew M (Arizona) show/hide docs
PN-OR-0004-0001 | PN-OR-0004-0002 | PN-OR-0004-0003

- click to show/hide ALL -

new search
page permalink

- top of page -