The settlement comes on the second inauguration of Donald Trump, who has threatened to use the military and federal law enforcement to suppress public protests against him
PORTLAND, Ore. — During the 2020 racial justice protests, peaceful protesters in Portland were beaten, shot, and abducted by federal law enforcement who were sent to Portland by the Trump administration. In response, the ACLU of Oregon filed multiple lawsuits against the federal government on behalf of protesters and other groups — including journalists and legal observers — whose constitutional rights were violated. Today, the ACLU of Oregon announces that one of these 2020 protest cases has been settled.
The settlement requires the United States to compensate the individuals who filed the lawsuit for the injuries that federal law enforcement caused them, in exchange for the individuals’ agreement to dismiss the lawsuit.
“We are proud to have represented our courageous clients. They suffered serious injuries because of federal law enforcement’s unlawful, aggressive actions, and it is just and fair that they are being compensated. Thank you to our clients and all people who stood up for Black lives and against government tyranny. The ACLU of Oregon will stand with you again and again to make sure everyone is treated with justice and fairness by the government,” said ACLU of Oregon Legal Director, Kelly Simon.
The settlement comes on the second inauguration of Donald Trump — who has threatened to use the military against everyday people in the United States. “This settlement gives local leaders the opportunity to lead by refusing to participate in violence against the people they represent, and by rejecting the federal government’s assault on our constitutional rights if federal law enforcement is deployed against us again,” said client, Mark Pettibone.
In 2020, then-President Donald Trump directed hundreds of federal border patrol agents and other law enforcement to storm Portland in an operation dubbed “Diligent Valor.” It was marked by military-style violence directed at everyday people by federal law enforcement officers. The U.S. government’s own report about the operation indicated that federal officers lacked training, strategy, and consistency.
Studies about the types of weapons used during Operation Diligent Valor highlight their severe threat to human life and health. In a deeply disturbing pattern of abuse, many people — including protesters, journalists, and medics — were shot with pepper balls and other types of weapons called impact munitions in the head and other areas of the body. One of the ACLU of Oregon’s clients was shot repeatedly with these weapons in the back.
“This case is resolved after a four-year struggle, and I am relieved that we have wrung some measure of accountability from the federal government. It’s important to remember that we were everyday people gathering peacefully to engage in our First Amendment right to express grievances and seek redress from our government. To silence us, they gassed, beat, and shot us. They took away our rights, and I’m left wondering what real justice is for our community,” said ACLU of Oregon client, James McNulty.
Federal officers also bombarded 2020 protest crowds with tear gas night after night. These chemical attacks left residue in Portland neighborhoods, and even children, families, and individuals who lived, went to school, worked, or visited these areas when protests were not happening were affected by coughing, difficulty breathing, headaches, and other symptoms. In a first-of-its-kind study that has been validated, the Portland healthcare community found that the chemical munitions negatively affected reproductive health functions too.
“The history of the past century shows us that authoritarian governments follow patterns. One of these is to dress their troops in unmarked, unidentifiable uniforms and set them loose to commit violence against everyday people. The goal is to instill fear in the public and to stop those committed to democracy from working together to oppose the government’s intimidation. The Trump administration sent federal law enforcement to Portland to try and do precisely this — and they injured many Oregonians in the process,” said ACLU of Oregon client, Maureen Healy.
The types of chemical weapons that law enforcement unleashed against Portlanders are banned in international warfare because of their severe and indiscriminate impact on human life and health. “It shocked the conscience that this level of force was used against veterans, moms, and other nonviolent protesters. The way our own government treated us violated everything we learned in the military,” said ACLU of Oregon client and veteran, Nichol Denison.
Like many protestors during 2020, ACLU of Oregon clients are continuing to fight for racial justice. “While this is far from justice for what happened to us, there is still immense work to be done both locally and nationally. For that reason, I’m relieved to move forward and focus on the critical challenges ahead. The Trump administration, and Trump himself, must understand that we are nowhere near finished — we have plenty of fight left in us. I am continuing the fight of my ancestors, carrying their resilience and determination, and we will not waver in the face of tyranny.” said ACLU of Oregon client, Andre Miller.
The courts continue to be important to our collective fight against government abuses of power and for greater justice and fairness.
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About the ACLU of Oregon: The ACLU of Oregon is a nonpartisan, nonprofit membership organization with more than 38,000 members and donors statewide. The organization works in the courts, legislature, and communities to defend and advance our democracy, civil liberties, and civil rights.
