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Don't Shoot Portland v. Wolf

Protect Democracy, Debevoise & Plimpton LLP, and Perkins Coie LLP filed a lawsuit on behalf of Don’t Shoot Portland, an organization founded by Black Lives Matter activist Teressa Raiford; Wall of Moms and its organizer, Bev Barnum; and protesters Demetria Hester, Danialle James, Sabrina Cerquera, and Lisa Kipersztok. The lawsuit contends that federal law enforcement officers have exceeded the limits of their authority in Portland, Oregon, where protests have persisted since the killing of George Floyd, a Black man, by police in Minneapolis.

Federal agents from the Department of Homeland Security (DHS) and the U.S. Marshals Service were deployed in Portland on approximately July 4, 2020, purportedly to “protect federal property.” It soon became clear, however, that their mission was much broader and that their tactics went far beyond permissible law enforcement behavior. Video footage showed the officers gassing, beating, and kidnapping peaceful protesters while wearing no badges or name tags and driving unmarked vehicles.

On July 22, 2020, President Trump announced plans to expand the administration’s tactics in Portland to Albuquerque, Chicago, Baltimore, and Philadelphia. These abuses by federal law enforcement are part of a broader trend of authoritarian behavior by this administration and must not be permitted to spread to other U.S. cities.

The lawsuit alleges that the administration’s actions violate protesters’ Fourth Amendment rights as well as constituting viewpoint discrimination in violation of the First Amendment. The mobilization of federal agents against Black Lives Matter protesters stands in stark contrast to the administration’s lack of response to anti-COVID quarantine protesters who stormed government buildings in other states. Notably, President Trump has tweeted his support of anti-quarantine protesters while speaking out against the Black Lives Matter movement.

The lawsuit also claims that DHS Acting Secretary Chad Wolf, who was neither nominated by the president nor confirmed by the Senate, is unlawfully serving in his role, making his orders regarding the Portland deployment void.

Protect Democracy will continue to intervene any time the federal government oversteps its authority, including by expanding this unlawful deployment of federal agents to additional U.S. cities.

Please direct any inquiries about this case to press@protectdemocracy.org

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; Wall of Moms and its organizer, Bev Barnum; and four other Black Lives Matter protesters: Demetria Hester, Danialle James, 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.

 

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