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Case Name Rosenblum v. John Does 1-10 PN-OR-0006
Docket / Court 3:20-cv-01161 ( D. Or. )
State/Territory Oregon
Case Type(s) Policing
Special Collection Litigation Against Federal Police (2020)
Case Summary
This lawsuit was filed by Ellen Rosenblum, the Oregon Attorney General, on July 17, 2020 in the U.S. District Court for the District of Oregon. She sued the U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), U.S. Marshals Service (USMS), and Federal Protective ... read more >
This lawsuit was filed by Ellen Rosenblum, the Oregon Attorney General, on July 17, 2020 in the U.S. District Court for the District of Oregon. She sued the U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), U.S. Marshals Service (USMS), and Federal Protective Service, as well as ten unnamed and unidentified law enforcement officers. The complaint alleged that these federal agencies were involved in detaining people in Portland, hauling them into unmarked vehicles, and taking them to the courthouse without a warrant. President Trump began deploying these federal agencies to Portland in mid-July of 2020, in response to the protests that took place in that city since the police killing of George Floyd in May of 2020.

The complaint alleged violations of the First, Fourth, and Fifth Amendments, and that the defendants' actions constituted a public nuisance. The First Amendment charge argued that the federal government took these actions to discourage protests against racial inequality, therefore violating residents' freedom of expression. The Fourth Amendment charge accused the agencies of unreasonable seizures, alleging that in at least one case the agents did not have a warrant to arrest a man. The Fifth Amendment complaint argued that these actions also represented a deprivation of liberty without due process of law. Finally, the public nuisance allegation claimed that the federal agencies unreasonably interfered with the public's right to safety, peace, comfort, and convenience. Attorney General Rosenblum sought declaratory relief and injunctive relief in the form of a permanent injunction that would bar defendants from these tactics and also requiring that they identify themselves and their agency, explain to detainees why they were being arrested, and refrain from arresting people without probable cause or a warrant.

The case was assigned to Judge Marco A. Hernandez, but then reassigned to Judge Michael M. Mosman.

Three days later the plaintiff submitted a motion for a temporary restraining order (TRO), requesting that the court enjoin the defendants from detaining individuals without a warrant, to mandate that defendants identify themselves and their agencies, and to explain to any detainee why they were being arrested. Defendants filed a memo in opposition to this memo, arguing that the plaintiff did not have standing because the state of Oregon itself could not allege any unlawful detentions against it. They also argued that the plaintiff was unlikely to succeed on the merits, would not suffer irreparable harm, and that the balance of equities and public interest was not in the plaintiff's favor.

On July 24, the City of Portland filed a motion requesting to appear and participate as amicus curiae. That motion was granted on July 27.

The case is ongoing as of August 6, 2020.

Jack Hibbard - 07/24/2020
Jack Hibbard - 08/06/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Petitions clause
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
General
Over/Unlawful Detention
Plaintiff Type
State Plaintiff
Causes of Action 42 U.S.C. ยง 1983
State law
Defendant(s) Federal Protective Service
U.S. Customs and Border Protection
United States Department of Homeland Security
United States Marshals Service
Plaintiff Description State of Oregon through AG Ellen Rosenblum
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 None yet
Source of Relief None yet
Filed 07/17/2020
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)
Docket(s)
3:20-cv-01161 (D. Or.)
PN-OR-0006-9000.pdf | Detail
Date: 07/22/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PN-OR-0006-0001.pdf | Detail
Date: 07/17/2020
Source: PACER [Public Access to Court Electronic Records]
Motion for Temporary Restraining Order [ECF# 5]
PN-OR-0006-0002.pdf | Detail
Date: 07/20/2020
Source: PACER [Public Access to Court Electronic Records]
[Declarations in Support of Plaintiffs' Motion for Temporary Restraining Order] [ECF# 7, 8, 9, 10 & 11]
PN-OR-0006-0004.pdf | Detail
Date: 07/20/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 15]
PN-OR-0006-0003.pdf | Detail
Date: 07/22/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Mosman, Michael W. (FISC, D. Or.) show/hide docs
PN-OR-0006-9000
Plaintiff's Lawyers Lippold, Steven M (Oregon) show/hide docs
PN-OR-0006-0001 | PN-OR-0006-0002 | PN-OR-0006-0004 | PN-OR-0006-9000
Potter, Sheila (Oregon) show/hide docs
PN-OR-0006-0001 | PN-OR-0006-0002 | PN-OR-0006-0004 | PN-OR-0006-9000
Rosenblum, Ellen F. (Oregon) show/hide docs
PN-OR-0006-0001 | PN-OR-0006-0002 | PN-OR-0006-0004
Defendant's Lawyers Berman, Keri L. (District of Columbia) show/hide docs
PN-OR-0006-0003
Davis, Ethan P. (District of Columbia) show/hide docs
PN-OR-0006-0003
Haas, Alexander K (District of Columbia) show/hide docs
PN-OR-0006-0003
Hall, Jeffrey A (District of Columbia) show/hide docs
PN-OR-0006-0003
Morrell, David Michael (District of Columbia) show/hide docs
PN-OR-0006-0003 | PN-OR-0006-9000
Rosenberg, Brad P. (District of Columbia) show/hide docs
PN-OR-0006-0003
Von Bokern, Jordan L (District of Columbia) show/hide docs
PN-OR-0006-0003
Warden, Andrew Irwin (District of Columbia) show/hide docs
PN-OR-0006-0003 | PN-OR-0006-9000
Williams, Billy J (District of Columbia) show/hide docs
PN-OR-0006-0003

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