In the summer of 2020, the U.S. Department of Homeland Security (DHS) deployed more than a hundred federal law enforcement agents to Portland as part of “Operation Diligent Valor,” an action intended to quell racial justice protests in the city following the Minneapolis Police killing of George Floyd in May. 

These federal agents engaged in excessive and indiscriminate force against Portlanders, including by — among other things — shooting at protesters with impact munitions and pepper balls, beating them with batons, flooding their surroundings with tear gas, and arresting and detaining them without explanation, without charges, and without any lawful basis.

This lawsuit argues that federal law enforcement’s actions during the 2020 protests violated the First and Fourth Amendments, constituted a conspiracy to deprive protesters of their constitutional rights, and exceeded the statutory authority of the federal agencies involved.  

Plaintiffs in this case are Mark Pettibone, Fabiym Acuay (a.k.a. Mac Smiff), Andre Miller, Nichol Denison, Maureen Healy, Christopher David, Duston Obermeyer, James McNulty, the Black Millennial Movement, and Rose City Justice.  Read more about the Plaintiffs here.  

Attorneys: Kelly Simon, ACLU of Oregon; Per A. Ramfjord, Jeremy D. Sacks, Crystal s. Chase, Joel A. Mullin, Todd A. Hanchett, Amy Edwards, Geoffrey B. Tichenor, Rachel C. Lee, and Jacob Goldberg with Stoel Rives LLP. 

Date filed

August 26, 2020