Portland Protests Lawsuit Accuses Homeland Security of Police Brutality

Several groups from the recent Portland, Ore. protests have taken legal action against the Trump administration, accusing federal agents of violating their constitutional rights.

According to Wall of Moms, Don’t Shoot Portland, and other groups and individuals, the U.S. Department of Homeland Security has been violating protester’s rights to free speech through their agents’ actions. The agents have allegedly been using excessive force to suppress Portland protesters, despite protections under the U.S. Constitution.

“Rather than protect and defend Plaintiffs’ constitutional rights, as they are bound to do by law and their Oaths of Office, Defendants have implemented an unlawful policy to quash Plaintiffs’ speech and end their protests,” the Portland protests lawsuit alleges.

Specifically, the Portland protests lawsuit opposes “Operation Diligent Valor” – a Department of Homeland Security mission which deployed more than 100 agents to Portland in response to the ongoing protests against police brutality.

According to the protesters, Homeland Security agents have unlawfully arrested protesters despite lacking probable cause. The protesters also allege that the agents have used unreasonable violence and excessive force to “stamp out peaceful and constitutionally protected protests.”

“The intent of the administration’s deployment of federal agents in Portland appears to be to stifle speech the president doesn’t like,” plaintiff counsel said in a statement to The Hill.

“It’s important to check this unlawful administration policy now, before it is allowed to spread to other cities across the U.S.”

Tear gas, unlawful arrests, rubber bullets, pepper spray, flashbang grenades, and other measures have allegedly been used against Portland protesters. According to the recent lawsuit, protesters have been put at risk of bodily harm and sudden, unjustified arrest despite being well within their rights to assemble and protest police brutality.

The complaint details several injuries to protesters, including one woman who has been subject to nearly constant pain to her jaw, ears, neck, and skin due to the tear gas and other weapons used against her. Other plaintiffs similarly claim that they are suffering from long term consequences due to the federal agents’ excessive force. The plaintiffs also note that they will experience long term emotional injuries due to the fear of being injured or kidnapped by federal agents.

Portland Protests Against Police Brutality

Protests in Portland have been ongoing for more than 60 days, dominating the news with conflicts between protesters and law enforcement. Stories of police brutality, protester solidarity, and property damage abound, with several lawsuits being filed against Portland law enforcement.

In addition to the recent Wall of Moms lawsuit, four protest medics have taken legal action against the city and its officers.

According to the medics, many protesters have received traumatic injuries due to police brutality during protests. The medics seek injunctive relief to stop the brutality and what they view as violations of their First and Fourth Amendment rights.

“Using chemical weapons, semi-lethal projectiles, and riot batons against parties who are not engaged in criminal activity and pose no threat to anyone’s safety is an unconstitutionally excessive use of force,” the Portland protests medic lawsuit claims.

Several court decisions have also had a significant impact on the Portland protests, as federal courts in the state both deny and support attempts to curb police brutality.

On July 23, U.S. District Judge Michael H. Simon sided with the American Civil Liberties Union of Oregon when he granted a 14 day restraining order barring federal officers from using excessive force against journalists and other legal observers. In his decision, Judge Simon quoted another case from the Ninth Circuit Court of Appeals, which said that “free press is the guardian of the public interest, and the judiciary is the guardian of the press.”

Unfortunately, only a day later on July 24, U.S. District Judge Michael W. Mosman denied a similar request from the state’s attorney general. According to the judge, the state lacks the legal standing to request a restraining order restricting the measures taken by federal agents against protesters. The judge also determined that the attorney general failed to provide enough evidence to support allegations that federal agents are unlawfully kidnapping protesters.

In response to the decision, Oregon Attorney General Ellen Roseblum expressed her disappointment with the decision while remaining hopeful.

“I believe all Oregonians have a right to know which federal law enforcement agencies are policing our streets, and why they are detaining peaceful protesters,” she said in a statement, according to Oregon Live.

“While today the court declined to issue an immediate order putting a stop to those tactics, we are, nevertheless, hopeful these abuses will stop and no other Oregonians will be subject to them or to the chilling effect they have on the right to engage in peaceful protest.”

Have you been following legal news about the Portland protests against police brutality? Share your thoughts in the comment section below.

Plaintiffs in the Portland protests lawsuit are represented by Deana K. El-Mallawany, Justin G. Florence, Benjamin L. Berwick, Jessica A. Marsden, Christine Kwon, and Rachel F. Homer of The Protect Democracy Project Inc., as well as David A. O’Neil, Matthew Forbes, Natascha Born, Morgan A. Davis, William Mattessich, Joshua B. Pickar, Ashley V. Hahn, Marissa MacAneney, P. Derek Peterson, Thomas Johnson, C. Rian Peck, Kevin Schock, and Holly Martinez of Perkins Coie LLP.

The Portland Protests Wall of Moms Lawsuit is Don’t Shoot Portland, et al. v. Chad F. Wolf, et al., Case No. 1:20-cv-02040, in the U.S. District Court for the District of Columbia.

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