Litigation

Victory! ACLU of Oregon Settles Lawsuit on Behalf of Portland Woman Whose Phone was Seized While Filming Police in 2013

Carrie Medina filming policeApril 10, 2017 – The American Civil Liberties Union Foundation of Oregon (ACLU of Oregon) today announced that a settlement had been reached with TriMet, the City of Portland, and the City of Gresham in a federal lawsuit stemming from a 2013 incident when a Portland woman’s phone was seized while live streaming police activity. The lawsuit, Carrie Medina v. City of Portland, et al, argued that Medina’s constitutional rights were violated when a Gresham police officer snatched her phone from her hands, twisted her arm, and detained her while she was live streaming police activity.

“My experience may have been eye opening for many, but it was no surprise to those who have regular encounters with law enforcement,” said Carrie Medina, plaintiff in the suit.

The ACLU lawsuit alleged that police violated Medina’s free speech and free press rights when they stopped her live stream broadcast of a police encounter involving multiple law enforcement agencies near a Trimet stop. The suit also alleged that Medina’s rights against unreasonable search and seizure were violated when the officer seized and then searched her phone without her consent or a search warrant, and that the officer also unlawfully detained her that day.

WATCH: An officer grabs Carrie Medina's phone in Portland in 2013.

The settlement agreement stipulated that Portland and Gresham must adopt new police policies and training regarding the public’s right to film police activities. The City of Gresham’s new policy under the settlement went into effect in May 2016 and the City of Portland’s new policy went into effect in October 2016. The City of Gresham was also required to pay $85,000 in legal fees to Medina.

“Carrie wholeheartedly believes in the power of filming the police as a tool to increase accountability,” said Alan Galloway, attorney at Davis Wright Tremaine who represented Medina. “Carrie was clear that she wanted her case to bring about policy changes to protect the right to film police, not monetary damages. Although the settlement took a lot of time and effort to reach, the resulting policies and training clearly recognize the Constitutional right to film the police.”

“Bystander video has had an incredible impact on the way Americans understand police encounters,” said Mat dos Santos, legal director at the ACLU of Oregon. “Now anyone with a cell phone can expose injustice and hold police accountable. It is critical that police policies recognize and respect the public’s right to film police.”

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First Appeals Court Hearing to Address Mass Surveillance

ACLU Challenges Warrantless "Backdoor" Searches

July 6, 2016 - For the first time, a federal appeals court heard oral argument on the merits in a case challenging the NSA’s warrantless surveillance of Americans’ international communications conducted under Section 702 of FISA, which allows the NSA to engage in warrantless surveillance of Americans who communicate with tens of thousands of targets located abroad.

In 2012, Mohammed Mohamud, a Somalia-born naturalized U.S. citizen, was convicted of plotting to bomb a Christmas tree lighting ceremony in Portland, Oregon. After his conviction, the government belatedly notified Mohamud that it had relied on Section 702 surveillance to obtain his communications without a warrant in the course of its investigation. Mohamud argued that the resulting evidence should have been suppressed and asked for a new trial. His challenge to the surveillance is now on appeal.

The American Civil Liberties Union, American Civil Liberties Union of Oregon, and the Electronic Frontier Foundation have filed a friend-of-the-court brief in the case, U.S. v. Mohamud, and were granted time to argue at the hearing today. 

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Court Rules Warrant Is Required to Access Drug Prescription Database

Oregon PDMP v. U.S. DEA

RxFebruary 11, 2014 - Portland - For the first time, a federal judge has ruled that patients have a reasonable expectation of privacy in their drug prescription records, and that law enforcement must obtain a warrant in order to search such information. The American Civil Liberties Union and the ACLU of Oregon represented a group of Oregon patients and a physician in the lawsuit against the Drug Enforcement Administration.

“This is a victory for privacy and for the constitutional rights of anyone who ever gets drug prescriptions,” said ACLU Staff Attorney Nathan Freed Wessler, who argued the case last month. “The ruling recognizes that confidential medical records are entitled to the full protection of the Fourth Amendment. The court rightly rejected the government’s extreme argument that patients give up their privacy rights by receiving medical treatment from doctors and pharmacists.”

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Tracking Your Location Through Your Cell Phone

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

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Lanier v. Woodburn

Ninth Circuit Rules Drug-Testing Policy, As Applied, Unconstitutional

March 13, 2008 - The Ninth Circuit Court of Appeals today ruled that a City of Woodburn pre-employment drug-testing policy is unconstitutional, as applied to Janet Lynn Lanier. Lanier in 2004 had applied to be a page at Woodburn Library.

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Washburn v. Columbia Forest Products, Inc.

Oregon Supreme Court Narrows Definition of Disabled Worker

October 2006 - In Washburn v. Columbia Forest Products, Inc., 340 Or 469, 134 P.3d 161 (2006), the Oregon Supreme Court was faced with the question under the Oregonians with Disability Act of whether a person’s disability should be assessed with or without regard to measures which mitigate the disability.

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State of Oregon v. Gonzales

March 2006 -The ACLU hailed the U.S. Supreme Court’s 6-3 ruling respecting the right of mentally competent, terminally ill persons to make end-of-life decisions in consultation with their doctors, and rejecting the federal government’s misguided effort to interfere with those decisions.

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Burkett et al v. County of Jackson et al

September 2005 - Our settlement with Jackson County officials over a strip search of female inmates that occurred two years ago has now been finalized.

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