Judge restricts force federal officers can use in Portland

[swag]

Source: Oregon Public Broadcasting

UPDATE (5:30 p.m. PT) — U.S. District Judge Michael H. Simon has temporarily restrained the use of force by federal officers deployed to Portland, restricting their interactions with legal observers and journalists observing nightly protests against police violence.

On Thursday afternoon, Simon issued a temporary restraining order on officers from the U.S. Department of Homeland Security and the U.S. Marshals Service sent to Portland to guard federal buildings. The order will last for two weeks. The judge is still considering a longer lasting injunction against the federal officers.

The hearing comes as part of a lawsuit filed by the American Civil Liberties Union in Oregon, alleging law enforcement has been targeting and attacking journalists at the protests.

The city of Portland was originally the main defendant in the suit. Simon issued an injunction against the city, placing new restrictions on how local police can interact with observers. Those limits Simon had previously placed on the Portland police are nearly identical to the ones he placed on federal officers Thursday.

Under the new order, federal officers are barred from arresting, threatening to arrest or using physical force against someone who they should “reasonable know” is a journalist or legal observers unless they have probable cause that person has committed a crime. Journalists and observers are also not required to follow orders to disperse nor can a federal officer tell them to stop documenting the protest.

Read more: https://www.opb.org/news/article/portland-protest-restraining-order-force-federal-officers/

[onetexan]

1. About time. K&R!!

[swag]

2. Note well "The city of Portland was originally the main defendant in the suit."

The Portland Police, whose boss is Mayor Ted Wheeler, had been gassing and beating on BLM protesters for several weeks before the feds got here.

[Vdizzle]

21. Didn't Wheeler get gassed by the feds himself?

I mean at least he knows now what it’s like.

[swag]

22. Yes, but before that, the police department that he heads

had been beating on and gassing protesters and journalists for weeks on end.

Link to tweet

[MyOwnPeace]

3. It's a start..........

Finally SOMEONE has stood up and paid attention to that little thing called THE CONSTITUTION!

[jorgevlorgan]

4. So they can't arrest somebody without probable cause only if they are a legal observer or jounralist

Under the new order, federal officers are barred from arresting, threatening to arrest or using physical force against someone who they should “reasonable know” is a journalist or legal observers unless they have probable cause that person has committed a crime. Journalists and observers are also not required to follow orders to disperse nor can a federal officer tell them to stop documenting the protest.

I'm pretty sure arresting people without probable cause is illegal already.

[LeftInTX]

12. This case was filed on behalf of journalists

So, it only applies to plaintiffs

[jorgevlorgan]

13. Ah I see!

Thanks!

[louzke9]

25. Confusion might....

come from the writer, not necessarily from the Judge in these sentences. Law enforcement at any level must apply "probable cause" to justify detaining and arresting someone. Law enforcement means enforcing the LAW, not BREAKING it. In Portland, those federal agents who picked people off the streets, did so by force but not by legality. Very important everyone knows what their civil rights are when confronted by the police and how the police are required legally to conduct themselves. Most, if not all, those scooped up off the streets of Portland were RELEASED because there was no probable cause to detain them in the first place and there were no crimes committed or the individuals would have been arrested and charged. The DHS posse' was just trolling the streets grabbing people they deemed suspicious, hoping to catch someone of value in their nets. Dressing in black while walking is not "probable cause"!

[drray23]

5. They will just ignore the judge.

and Barr will say its fine.

[Thekaspervote]

9. Ignore at their own peril!! We are STILL a nation of laws

[bamagal62]

6. Question is, will they care?

They knew it was wrong and did it anyway.

[swag]

8. You're probably right. Fed thugs will ignore.

[keithbvadu2]

7. Are they really federal officers?

Are they really federal officers?

Mercenaries as Trump's secret police?

The Lead Federal Agency Responding to Protesters in Portland Employs Thousands of Private Contractors

https://tinyurl.com/y5nle99v

https://www.democraticunderground.com/100213796641

[Fiendish Thingy]

10. Great first step- more should come re: arrest without cause nt

[Dustlawyer]

11. It is a shame he has to put this in an order.

[alp227]

14. Fun fact: Michael H. Simon is related to Neil Simon

His dad is Danny Simon, writer for 1950s-70s TV shows like My Three Sons and The Carol Burnett Show, whose brother is Neil.

Similarly, Seattle federal judge Richard A. Jones is a half brother of Quincy Jones, and Judge Jones also made a ruling restricting police use of force during protests.

[Hotler]

15. Oh my god, a set of balls.

[oregonjen]

16. What about tear gassing?

[Duppers]

17. Comes as part of a lawsuit filed by the ACLU.

Knowing the ACLU would go after them in court, I sent a donation last week, as I'm sure thousands of others did. I ❤ the ACLU!!

[Thekaspervote]

20. Absolutely..please if you can consider a donation to the ACLU

They are always on the front lines protecting justice

[captain queeg]

19. I'll bet Donny is having a sad. This, Fauci gets to throw the first ball, and the world is laughing

At his “cognitive test”. “I have great cognitive”. Oh and had to cancel the GOP convention; the daily shit show about Covid is nothing like the Nazi rally he craves. If he doesn’t get a fix soon he’s going to melt down. I still think reporters should record a laugh track and every time he says something stupid play it loudly.

[beachbumbob]

23. its a start for sure, but Portland situation not the same as what will happen

elsewhere. ACLU needs to jump into a dozen other locations as Federal SS comes to a city near you

[Sherman A1]

24. Good

[lagomorph777]

26. Good!

We also need enforcement mechanisms and punishment for those who have already committed assaults and kidnappings.

[MineralMan]

27. That's a good start. Let's see more.

[KY_EnviroGuy]

28. Solution: Make every protester an official journalist or observer.

KY........

[swag]

29. The feds seem to be ignoring this.

Link to tweet