Q: Who are the plaintiffs in this case?

The plaintiffs are Don’t Shoot Portland (also called Don’t Shoot PDX), an organization that was founded by Black Lives Matter activist Teressa Raiford; and five other Black Lives Matter protesters: Demetria Hester, Danialle James, Bev Barnum, Sabrina Cerquera, and Lisa Kipersztok.

Q: What relief are the plaintiffs requesting?

The plaintiffs are asking the court for injunctive relief and a declaration that:

1. Congress has only authorized DHS to protect federal property under 40 U.S.C § 1315

2.  DHS agents’ intimidation of protesters through surveillance because of their views; use of militarized and unmarked force; excessive deployment of crowd-control measures such as tear gas, pepper balls, and non-lethal munitions; and warrantless arrests, or custodial detentions without probable cause, are unlawful

3.  U.S. Marshals’ actions other than those laid out in 28 U.S.C. § 566 and in a manner not authorized by the Constitution are unlawful

4.  Defendant Wolf is not lawfully serving as Secretary of the Department of Homeland Security, and any policies, orders, or directives he issues are void

Q: How is this lawsuit different from the one filed by the ACLU?

In June, the ACLU filed a lawsuit against Portland police and city officials on behalf of legal observers and local journalists, not protesters themselves. It was filed in the U.S. District Court for the District of Oregon, Portland Division, unlike this lawsuit which was filed in the U.S. District Court for the District of Columbia. The court entered a temporary restraining order in that case, blocking Portland police from dispersing, arresting, threatening to arrest, or targeting force against journalists or legal observers at protests until October 30.

On July 17, 2020, the ACLU amended its complaint to include the Department of Homeland Security and U.S. Marshals Service as defendants. On July 23, 2020, the court extended the temporary restraining order against Portland police to the federal defendants, barring them from the same activities against journalists or legal observers.

Q: Didn’t Don’t Shoot Portland file another lawsuit?

Don’t Shoot Portland has filed other lawsuits in the past to address the tactics used by the Portland Police Bureau (PPB). As a result of one of those lawsuits, the PPB was enjoined from using the following: FN 303 semi-automatic less-lethal riot guns and 40MM less-lethal launches, with or without an OC (chemical irritant) payload; rubber ball distraction devices; aerosol restraints; and long range acoustic devices. Federal law enforcement agents are not currently restrained from using these devices.

Q: Is the federal deployment in Portland the same mission as the one President Trump and Attorney General Barr say will happen in other cities?

In Portland, federal agents have been deployed under “Operation Diligent Valor,” a Department of Homeland Security-led operation to quell protests in the name of protecting federal property. The Trump administration has plans to expand the deployment of federal agents against protests or other civil unrest to other cities—including Baltimore, Chicago, and Philadelphia—through “Operation Legend,” a Department of Justice-led “surge of federal law enforcement into American communities plagued by violent crime,” which will involve federal agents from the FBI, ATF, and DEA.