Litigation

Current Litigation

Oregon PDMP v. U.S. DEA

ACLU Files in Court to Protect Privacy of Drug Prescriptions

ACLU Challenging Government Efforts to Access Confidential Records Without a Warrant

January 25, 2013 - Portland - The American Civil Liberties Union and the ACLU of Oregon filed a complaint in court today challenging the federal Drug Enforcement Administration's (DEA) claim that it can access Oregonians' private prescription records in a state database without a warrant. In November, the State of Oregon sued the DEA in federal court to prevent the agency from circumventing a state law requiring a warrant for such access, and today the ACLU filed a motion to intervene in the case on behalf of several patients and a doctor whose prescription records are in the database.

ACLU Supports Governor’s Moratorium in Death Penalty Case

December 2012 - The ACLU Foundation of Oregon has filed a friend of the court (amicus) brief with the Oregon Supreme Court urging it to state that a death-row prisoner’s acceptance is not required for the Governor’s reprieve of his death sentence to become effective.

Gasque v. City of Portland

Vindication in “Know Your Rights” Case

November 7, 2012 - Nearly three years to the day after he was arrested in Old Town in downtown Portland for refusing to consent to a Portland police officer’s request to search him without probable cause, Jose Gasque received justice in a Multnomah County courtroom.

ACLU Challenges Multnomah County Sheriff's Office for Unlawful Imprisonment

September 5, 2012 - The ACLU Foundation of Oregon filed a lawsuit today against the Multnomah County Sheriff’s Office for unlawfully detaining a Portland resident at the request of federal immigration officers despite a judge’s order releasing him on his state charges.

The ACLU’s lawsuit claims the Sheriff’s detention policy on immigration-related requests violates Oregon law – which prohibits the use of state and local resources to detain people suspected only of violating civil immigration restrictions – and the Oregon Constitution.

ACLU of Oregon v. Sheriff Winters

ACLU Settles Public Records Case With Jackson County Sheriff

June 14, 2012 - Public records requests are a vital part of our democratic process, and an integral part of the ACLU’s work. The ACLU’s May 2012 settlement with Jackson County, following a favorable circuit court decision by Judge Daniel Harris, vindicated the right of the ACLU, as well as all Oregonians, to access public documents.

In September of 2010, the ACLU filed a request with Jackson County to obtain records about the use of force and other conditions in the Jackson County Jail. In response, Jackson County refused to produce any records until the ACLU paid Jackson County a staggering $4,574, an amount completely without connection to its actual expenses, and which ignored the fact that the ACLU would use the information in order to further the public interest. In May 2011, the ACLU filed suit to resolve this issue.

Latif, et al. v. Holder, et al.

ACLU Files Lawsuit Challenging Unconstitutional “No Fly List”

In June 2010, the ACLU and its affiliates in Oregon, Southern California, Northern California, and New Mexico filed a legal challenge on behalf of 10 U.S. citizens and permanent residents who cannot fly to or from the U.S. or over American airspace because they are on the government’s secretive No Fly List (an additional five people have since joined the suit). The plaintiffs, who include four U.S. military veterans, have never been told why they are on the list or given a reasonable opportunity to get off it. Being unable to fly has severely affected their lives, including their ability to be with their families, go to school, and travel for work.

Moss v. Secret Service

ACLU Lawsuit Challenges Secret Service, Local Police Case Tied to 2004 Anti-Bush Demonstration

April 11, 2012 - In 2004, local police in Jacksonville, Oregon, at the direction of the U.S. Secret Service, violently broke up an anti-Bush picket line of about 300 peaceful demonstrators. At the same time the police allowed a group of pro-Bush demonstrators to remain in the same area undisturbed. As a result, the ACLU of Oregon filed a federal class-action lawsuit against the Secret Service and local police agencies, seeking damages and an injunction against such governmental abuse in the future.

The government has been trying to have the case thrown out for several years, even before we can get to the merits of what happened that day. The latest attempt to have our clients’ claims dismissed is the subject of the second ruling by the 9th Circuit Court of Appeals in this case.

On Monday, the court found that we have stated a claim against the Secret Service for violating our clients’ First Amendment rights by treating them differently than the pro-Bush demonstrators and that the Secret Service can be sued for their actions because they should have known their actions were unlawful.

Carlton Proposes Worrisome Restrictions on Growth of Medical Marijuana

March 12, 2012 --The city of Carlton, Oregon, held a hearing on a proposed city ordinance that would impose additional regulations on the growing of medical marijuana, an activity already regulated by the Oregon Medical Marijuana Act (OMMA). After concerns were voiced about both the legality of the ordinance and the burden it would place on Carlton’s medical marijuana patients, the issue was tabled until the next meeting in April.

ACLU Urges Changes to Oregon Death Penalty Procedures

August 2011 – The ACLU of Oregon has urged the Oregon Department of Corrections (DOC) to make major changes in its procedures for carrying out the death penalty in order to lessen the risk of a botched execution in Oregon.

Tracking Your Location Through Your Cell Phone

September 2011 - Cell phone technology has given law enforcement agents the unprecedented ability to track individuals’ movements.