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Case Name Don't Shoot Portland v. Wolf PN-DC-0016
Docket / Court 1:20-cv-02040 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Policing
Special Collection Litigation Against Federal Police (2020)
Police Violence Protests (Spring/Summer 2020)
Case Summary
This complaint was filed on July 27, 2020 in the U.S. District Court for the District of Columbia. The plaintiffs were a group of women and women-founded organizations that were protesting in solidarity with the Black Lives Matter movement in Portland, Oregon. They were represented by private ... read more >
This complaint was filed on July 27, 2020 in the U.S. District Court for the District of Columbia. The plaintiffs were a group of women and women-founded organizations that were protesting in solidarity with the Black Lives Matter movement in Portland, Oregon. They were represented by private counsel. After the police killing of George Floyd in May of 2020, the country saw large-scale civil unrest and demands for racial justice and police accountability. In Portland, the protests continued longer than in most other cities. In response, President Trump sent federal law enforcement agencies into the city to quell the protests in mid-July. Local PPB officers had already been accused of using excessive force against peaceful protesters, and the dispersal of federal law enforcement, who allegedly were not in uniform and arrested residents by throwing them into unmarked vehicles, only added fuel to the fire. The plaintiffs sued several federal agencies and their heads including: 1) the Department of Homeland Security, Acting Secretary of DHS Chad Wolf, and Acting Deputy Secretary Ken Cuccinelli; 2) U.S. Customs and Border Protection and CPB Commissioner Mark Morgan; 3) U.S. Immigration and Customs Enforcement and Deputy Director of ICE Matthew Albence; 4) the Federal Protective Services and Director of FPS L. Eric Patterson; 5) the U.S. Marshals Service and and USMS Director Donald Washington; and 6) the Department of Justice and Attorney General William Barr.

This complaint alleged that such tactics were in violation of numerous federal laws. Plaintiffs argued that the federal agents broke the First, Fourth, and Fifth Amendments of the U.S. Constitution by infringing on protesters' right to free speech, by using excessive force, and by detaining people without due process of law. They also argued that the actions represented violations of the Administrative Procedure Act, because the federal agents went beyond their authorization to use force to protect federal buildings. Furthermore, the violations of the Constitution made the defendants liable under the Administrative Procedure Act, because that Act does not allow agency actions contrary to constitutional rights. Finally, with regard to Defendant Chad Wolf, the plaintiffs argued that he was never Senate-confirmed, making his actions illegal under the Appointments Clause and contrary to the Administrative Procedure Act. The plaintiffs sought declaratory and injunctive relief in the form of a preliminary and permanent injunction.

The case was assigned to Judge Christopher R. Cooper.

The case is ongoing as of August 6, 2020.

Jack Hibbard - 08/06/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process: Procedural Due Process
Freedom of speech/association
Petitions clause
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Excessive force
False arrest
Over/Unlawful Detention
Pepper/OC spray
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Acting Secretary of DHS Chad Wolf
Department of Homeland Security
Department of Justice
Federal Protective Service
U.S. Customs and Border Protection
U.S. Immigration and Customs Enforcement
U.S. Marshals Service
Plaintiff Description Don't Shoot Portland, Wall of Moms, many individual plaintiffs
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 07/27/2020
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)
1:20−cv−02040 (D.D.C.)
PN-DC-0016-9000.pdf | Detail
Date: 08/04/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PN-DC-0016-0001.pdf | Detail
Date: 07/27/2020
Source: PACER [Public Access to Court Electronic Records]
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Judges Cooper, Christopher Reid (D.D.C.) show/hide docs
PN-DC-0016-9000
Plaintiff's Lawyers Berwick, Benjamin Leon (Massachusetts) show/hide docs
PN-DC-0016-0001 | PN-DC-0016-9000
Born, Natascha (New York) show/hide docs
PN-DC-0016-0001
Davis, Morgan (New York) show/hide docs
PN-DC-0016-0001
El-Mallawany, Deana K. (Massachusetts) show/hide docs
PN-DC-0016-0001 | PN-DC-0016-9000
Florence, Justin G (Massachusetts) show/hide docs
PN-DC-0016-0001 | PN-DC-0016-9000
Forbes, Matthew D. (New York) show/hide docs
PN-DC-0016-0001
Hahn, Ashley V (New York) show/hide docs
PN-DC-0016-0001
Homer, Rachel F (District of Columbia) show/hide docs
PN-DC-0016-0001 | PN-DC-0016-9000
Johnson, Thomas R. (Oregon) show/hide docs
PN-DC-0016-0001
Kwon, Christine (California) show/hide docs
PN-DC-0016-0001 | PN-DC-0016-9000
MacAneney, Marissa (New York) show/hide docs
PN-DC-0016-0001
Marsden, Jessica Ann (North Carolina) show/hide docs
PN-DC-0016-0001 | PN-DC-0016-9000
Martinez, Holly (Oregon) show/hide docs
PN-DC-0016-0001
Mattessich, William (New York) show/hide docs
PN-DC-0016-0001
O'Neil, David A. (District of Columbia) show/hide docs
PN-DC-0016-0001 | PN-DC-0016-9000
Peck, Rian C (Oregon) show/hide docs
PN-DC-0016-0001
Peterson, Derek (Arizona) show/hide docs
PN-DC-0016-0001
Pickar, Joshua B (New York) show/hide docs
PN-DC-0016-0001
Schock, Kevin (Oregon) show/hide docs
PN-DC-0016-0001
Defendant's Lawyers Von Bokern, Jordan L (District of Columbia) show/hide docs
PN-DC-0016-9000

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