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WOLFE v. CITY OF PORTLAND

Case No. 3:20-cv-1882-SI.

566 F.Supp.3d 1069 (2021)

Philip WOLFE, Katalina Durden, Melissa Lewis, Juniper Simonis, individually, and Disability Rights Oregon, an Oregon nonprofit and advocacy corporation, Plaintiffs, v. CITY OF PORTLAND, a municipal corporation; Ted Wheeler, in his official capacity; Chuck Lovell, in his official capacity; Multnomah County, a political subdivision of the State; Michael Reese, in his official capacity; Terri Davie, in her official capacity; Chad Wolf, in his individual capacity; Alejandro Mayorkas, in his official capacity; Donald Washington, in his individual and official capacity; and Does 1-100, individual and supervisory officers of local, state, and federal government, Defendants.

United States District Court, D. Oregon.

Signed October 8, 2021.

Attorney(s) appearing for the Case

Bruce L. Campbell and John C. Clarke , Miller Nash Graham & Dunn LLP, 3400 U.S. Bancorp Tower, 111 S.W. Fifth Avenue, Portland, OR 97204; Christopher H. Knauf , Alexandra M. Robertson , and Corrigan L. Lewis , Disability Rights Legal Center, 1541 Wilshire Boulevard, Suite 400, Los Angeles, CA 90017; Amy Robertson , Timothy Fox , and Pilar Gonzales Morales , Civil Rights Education and Enforcement Center, 1245 E. Colfax Avenue, Suite 400, Denver, CO 80218. Of Attorneys for Plaintiffs.

Daniel Simon , Deputy City Attorney; Linda Law , Chief Deputy City Attorney; Linh T. Vu , Senior Deputy City Attorney; Elizabeth C. Woodard , Deputy City Attorney; Portland City Attorney's Office, 1221 SW 4th Ave., Rm. 430, Portland, OR 97204. Of Attorneys for Defendants City of Portland, Portland Mayor Ted Wheeler, and Portland Police Chief Chuck Lovell.

Jenny M. Madkour , County Attorney, and Christopher A. Gilmore , Senior Assistant County Attorney, The Office of Multnomah County Attorney, 501 S.E. Hawthorne Blvd., Suite 500, Portland, Oregon 97214. Of Attorneys for Defendants Multnomah County and Multnomah County Sheriff Michael Reese.

Ellen F. Rosenblum , Attorney General; Drew K. Baumchen , Senior Assistant Attorney General; and Jill Schneider , Senior Assistant Attorney General, Oregon Department of Justice, 1162 Court Street NE, Salem, OR 97301-4096. Of Attorneys for Defendant Superintendent of the Oregon State Police Terri Davie.

Brian M. Boynton , Acting Assistant Attorney General; Scott Erik Asphaug , Acting United States Attorney; C. Salvatore D'Alessio, Jr. , Acting Director, Torts Branch; Andrea W. McCarthy , Senior Trial Counsel; Glenn S. Greene , Senior Trial Attorney; and David G. Cutler , Trial Attorney, U.S. Department of Justice, Civil Division, Constitutional and Specialized Tort Litigation, P.O. Box 7146, Ben Franklin Station , Washington, D.C. 20044. Of Attorneys for Defendants Chad Wolf and Donald Washington, in their individual capacity.

Brian M. Boynton , Acting Assistant Attorney General; Scott Erik Asphaug , Acting United States Attorney; Alexander K. Haas , Director, Federal Programs Branch; Brigham J. Bowen , Assistant Director, Federal Programs Branch; Michael P. Clendenen , Trial Attorney; and Jordan L. Von Bokern , Trial Attorney, U.S. Department of Justice, Civil Division, Federal Programs Branch, 1100 L Street, NW, Washington, D.C. 20530. Of Attorneys for Defendants Director of the U.S. Marshals Service Donald Washington and Secretary of Homeland Security Alejandro Mayorkas, in their official capacity.

OPINION AND ORDER

Plaintiffs Philip Wolfe, Katalina Durden, Melissa Lewis, and Juniper Simonis are individuals with disabilities. Plaintiff Disability Rights Oregon (DRO) is a nonprofit advocacy organization for persons with disabilities that is the federally mandated Protection and Advocacy System for...

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