Posted on 07/24/2020 3:39:52 PM PDT by rintintin
BREAKING: Judge denies Oregon's request for TRO reining in federal agents in Portland, says state lacks standing. Order:
https://mobile.twitter.com/joshgerstein/status/1286786447568072704
(Excerpt) Read more at mobile.twitter.com ...
Ha ha!
Well, Duh
Bet they try to cancel the judge now?
I just found out physically what Rolling on Floor Laughing my A@@ off feels like.
I like it.
These important protests have, in Portland, centered on a four-block area that includes the U.S. Courthouse, known as the Mark O. Hatfield Courthouse. By virtue of it being a federal building, the law enforcement personnel involved are federal agents. One of the most difficult tasks for law enforcement in a free country like ours is to support robust protests while still maintaining order through lawful methods. This is even more challenging when the subject of the protests concerns police tactics. It is not unusual, following Case 3:20-cv-01161-MO Document 23 Filed 07/24/20 Page 1 of 14 2 – OPINION AND ORDER major protests, for some of the people involved to allege that the police crossed a line—a constitutional line—in the course of their interactions. It is also common for these interactions to result in lawsuits, with protesters contending the police violated their First and Fourth Amendment rights and seeking redress by money damages and injunctive relief.
There is a well-established body of law paving the way for such lawsuits to move forward in federal court.
This is not such a lawsuit. It is a very different case, a highly unusual one with a particular set of rules. In the first place, although it involves allegations of harm done to protesters by law enforcement, no protester is a plaintiff here. Instead, it is brought by the State of Oregon under a rarely used doctrine called parens patriae. In the second place, it is not seeking redress for any harm that has been done to protesters.
Instead, it seeks an injunction against future conduct, which is also an extraordinary form of relief. Under the governing law for such cases, the State of Oregon must make a very particularized showing in order to have standing to bring a parens patriae lawsuit, a task made even more challenging by the nature of the remedy it seeks.
Because it has failed to do so—most fundamentally, because it has not shown it is vindicating an interest that is specific to the state itself—I find the State of Oregon lacks standing here and therefore deny its request for a temporary restraining order.
Summary of judgement above.
No surprise here. This is all totally legal!!
Remember that the Judge sits in the very building that the rioters are trying to burn down.
The State neglected to find a properly Woke Judge.
I’m sure there’s a judge in Hawaii that will grant a national TRO. Just a matter of time.....
He is a federal judge. A state judge cannot adjudicate such matters.
I hate it when TRO does that. What’s a TRO?
OREGON PING
If you’d like to be on the Oregon ping list, please freep mail me.
Every time I read a string of Twitter comments I wonder why anyone would frequent the place.
There seems to be plenty of Federal Judge shopping that goes on.
“””””In the wake of the tragic killing of George Floyd in Minneapolis””””
So a judge wrote this? The “tragic killing of George Floyd”?
This is why all four cops will walk free. EVERY story calls it a killing or a murder even though he died of a drug overdose.
Where are you going to find unbiased jurors ?
More popcorn!!!
Thank God for the rule of Law.
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