University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name American Civil Liberties Union of Oregon v. City of Portland PN-OR-0008
Docket / Court docket unknown ( State Court )
State/Territory Oregon
Case Type(s) Policing
Special Collection Police Violence Protests (Spring/Summer 2020)
Attorney Organization ACLU Chapters (any)
Case Summary
This complaint was brought in the County of Multnomah Circuit Court for the State of Oregon on July 29, 2020. The suit was brought by the ACLU of Oregon and an anonymous individual plaintiff ("Protester 1") against the City of Portland. The plaintiffs were represented by attorneys from the ACLU of ... read more >
This complaint was brought in the County of Multnomah Circuit Court for the State of Oregon on July 29, 2020. The suit was brought by the ACLU of Oregon and an anonymous individual plaintiff ("Protester 1") against the City of Portland. The plaintiffs were represented by attorneys from the ACLU of Oregon and private counsel. The complaint came amidst police crackdowns on protests against police brutality that arose following the killing of George Floyd.

According to the complaint, the Portland Police Bureau (PPB) had been livestreaming the protests. Yet, the plaintiffs argued, this violated Oregon state law, which prohibited the collection of information about protesters political, religious, or social views. PPB argued that the livestreams fell into one of the narrow exceptions of this law that allowed for such data collection if they pertain to criminal investigations. However, the complaint alleged that PPB wrote in an email that they used to livestreams to inform the public about the protests. Additionally, in a 1988 consent decree the PPB agreed to follow the provisions of that law in exchange for the ACLU's assurance not to litigate data collection that occurred prior to 1988. Therefore, the plaintiffs in this case argued that the PPB was in violation of both the Oregon state law and the 1988 consent decree by collecting such information on protesters. They sought declaratory relief and temporary, preliminary, and permanent injunctive relief that would prohibit the PPB from recording protests unless it was in pursuit of a criminal investigation.

The next day, Judge Stephen Bushong granted the plaintiffs' motion for a temporary restraining order (TRO). However, the order did not prohibit the livestreaming, only the "collecting or maintaining" of the videos complained about by the plaintiffs. Judge Bushong also clarified that the order does not apply to failure to disperse orders given by the police.

The case is ongoing as of August 12, 2020

Jack Hibbard - 08/12/2020


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
General
Record-keeping
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action State law
Defendant(s) City of Portland
Plaintiff Description ACLU of Oregon and an anonymous private individual
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief None yet
Filed 07/29/2020
Case Ongoing Yes
Docket(s)
No docket sheet currently in the collection
General Documents
Complaint for Declaratory and Injunctive Relief
PN-OR-0008-0001.pdf | External Link | Detail
Date: 07/29/2020
Source: ACLU
Temporary Restraining Order
PN-OR-0008-0002.pdf | External Link | Detail
Date: 07/30/2020
Source: ACLU
show all people docs
Judges Bushong, Stephen K. Court not on record show/hide docs
PN-OR-0008-0002
Plaintiff's Lawyers Kessler, Alan Lloyd (Oregon) show/hide docs
PN-OR-0008-0001
Lalovic, Ursula M (Oregon) show/hide docs
PN-OR-0008-0001
Perini-Abbott, Joanna (Oregon) show/hide docs
PN-OR-0008-0001
Piper, Edward A (Oregon) show/hide docs
PN-OR-0008-0001
Simon, Kelly K. (Oregon) show/hide docs
PN-OR-0008-0001

- click to show/hide ALL -

new search
page permalink

- top of page -