No. 90-35888.

971 F.2d 298 (1992)

ACT UP!/PORTLAND, The Portland Chapter of the AIDS Coalition to Unleash Power; Michael Ambrosino; Richard Dryden; Lori Kohler, et al., Plaintiffs-Appellees, v. Kernon BAGLEY, Defendant, and Robert Oliverio; Wayne Kauffman; Kenneth Morod, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 24, 1992.

Attorney(s) appearing for the Case

Lori M. Beranak, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Tom Steenson, Steenson & Schumann, Portland, Or., for plaintiffs-appellees.

Before: HALL, O'SCANNLAIN, and LEAVY, Circuit Judges.


On a chilly morning in February 1989, members of the Portland Chapter of the AIDS Coalition to Unleash Power ("Act Up!/Portland") gathered at the Federal Building in Portland to protest Food and Drug Administration ("FDA") policies regarding the testing and approval of drugs designed to combat the AIDS virus. Appellees, six men and four women who participated in the demonstration, were arrested, loaded in a van, and taken to the...

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