Case 3:21-cv-00931-YY Document 1 Filed 06/23/21 Page 1 of 33

Christopher A. Larsen, OSB No. 910679 David D. Park, OSB No. 803358
PICKETT DUMMIGAN MCCALL LLP ELLIOTT & PARK, P.C.
210 SW Morrison St., 4th Fl. 324 S. Abernethy Street
Portland, Oregon 97204 Portland, Oregon 97239-4356
Tel: 503-223-7770 Tel: 503-227-1690
Fax: 503-227-5350 Fax: 503-274-8384
[email protected] [email protected]
Lead Counsel

Jane L. Moisan, OSB No. 181864 Michelle R Burrows, OSB No. 861606
PEOPLE’S LAW PROJECT MICHELLE R. BURROWS P.C.
818 S.W. 4th Ave. #221-3789 1333 Orenco Station Parkway # 525
Portland, OR 97204 Hillsboro, OR 97124
Tel: 971-258-1292 Tel: 503-241-1955
[email protected] [email protected]

Erious Johnson, Jr., OSB No. 130574 Gabriel Chase, OSB No. 142948
HARMON JOHNSON LLC CHASE LAW, PC
University Station Executive Suites 621 S.W. Alder St., Ste. 600
698 12th St. SE Portland, OR 97205
Ste 240/No. 4 Tel: 503-294-1414
Salem, OR 97301 Fax: 503-294-1455
Tel: (503) 991-8545 [email protected]
Fax: (503) 622-8545
[email protected]

Joe Piucci, OSB No. 135325

Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

KRISTEN JESSIE-UYANIK, and Civil Action No. 3:21-cv-00931

COMPLAINT
v. Bivens Fourth Amendment, Excessive
Force
GABRIEL RUSSELL, Regional Director with
the Department of Homeland Security’s JURY TRIAL DEMANDED
Federal Protective Service; ALLEN JONES;
RUSSEL BURGER; ANDREW SMITH;
MARK MORGAN; RICHARD CLINE;
JOHN DOE SUPERVISORY DEFENDANTS
1-60, JOHN DOE PATROL LEVEL
DEFENDANTS 63-64, agents of the U.S.
Marshals Service, Federal Protective Service,
U.S. Department of Homeland Security and
U.S. Customs and Border Protection, acting in
concert and in their Individual capacities,
Defendants.

COMPLAINT AND DEMAND FOR JURY TRIAL

PRELIMINARY STATEMENT

This is an action brought to vindicate Plaintiffs’ rights under the Fourth Amendment of

the Constitution of the United States pursuant to Bivens v. Ten Unnamed Federal Officers, 403

U.S. 388 (1971).

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On night of July 25, 2020, Plaintiff Kristen Jessie-Uyanik (“Ms. Jessie-Uyanik”)

participated in a Black Lives Matter protest in downtown Portland, Oregon. At approximately

10:45 p.m., an unidentified federal law enforcement officer violated Ms. Jessie-Uyanik’ s

constitutional rights by intentionally aiming and shooting her in the forehead with a high velocity

projectile, as she was standing arm-in-arm with the “Wall of Moms” a short distance from the

fence that surrounded the Hatfield Courthouse.

That same night, July 25, 2020, Plaintiff Lillian Dorothy “Beck” West (“Ms. West”) and

her father, Nathaniel “Nat” West, participated in a Black Lives Matter protest in downtown

Portland, Oregon. At approximately 11:20 p.m., an unidentified federal law enforcement officer

violated Ms. West’s constitutional rights by deploying a rubber ball grenade that exploded on or

near the left side of Ms. West’s head, as she was standing next to her father a short distance from

the fence that surrounded the Hatfield Courthouse.

When defendants seized Plaintiffs through the intentional application of excessive and

potentially lethal force, Plaintiffs had no way of knowing who they were because the federal law

enforcement officers, in a moment of historic outcry for police accountability, were devoid of

any individual identifiers.

Plaintiffs seek an award of compensatory and punitive damages.

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BACKGROUND AND CONTEXT

“We have a right to protest for what is right. That’s all we can do. There are people hurting,
there are people suffering, so we have an obligation, a mandate, to do something.”
— Rep. John Lewis
1.

On May 25th, 2020, a Black man named George Floyd was murdered in Minneapolis,

Minnesota, by an officer of the City of Minneapolis Police Department, Derek Chauvin. Chauvin

held his knee to Floyd’s neck for at least eight minutes and 46 seconds while his fellow police

officers stood by and casually watched Floyd die. Floyd’s final words were, “I can’t breathe.”

Chauvin and his fellow officers ignored the pleas for mercy coming from bystanders, including

the teenage girl whose footage alerted the world to this particular instance of police brutality.

2.

Following George Floyd’s gruesome public murder, protests erupted nationwide in

support of the Black Lives Matter (BLM) movement and against systemic racism, police

brutality and use of excessive force. Across the country, police met these protests with violence,

brutality and excessive force.

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3.

Although George Floyd was one of the more nationally known instances of State-

Sanctioned execution—it was by no means an isolated incident. Police in the United States killed

164 Black people over the first 8 months of 2020. 1

4.

On May 28, 2020, thousands of people began months of sustained protests in Portland,

Oregon with nightly demonstrations occurring in downtown Portland across from the Mark O.

Hatfield Courthouse located at 1000 SW Third Avenue in downtown Portland (“Hatfield

Courthouse”) and the Multnomah County Justice Center.

5.

Portland Police Bureau officers met these protests with excessive force, indiscriminately

attacking the crowd with pepper balls, batons, sonic weapons, and, most notably, tear gas, in the

midst of a global pandemic that attacked respiratory systems.

6.

In response to the local community’s calls for increased police accountability, emergency

court orders, city directives, and new police reforms in state law placed limitations on the use of

tear gas and other force between June 9, 2020, and June 30, 2020. 2

1 Li Cohen, Police in the U.S. killed 164 Black people in the first 8 months of 2020. These are their names. (Part I:
January-April), CBS News (2020), https://www.cbsnews.com/pictures/black-people-killed-by-police-in-the-u-s-in-
2020/ (last visited June 16, 2021); (Part II: May-August), https://www.cbsnews.com/pictures/black-people-killed-
by-police-in-the-us-in-2020-part-2/ (last visited June 16, 2021).

2 Univ. Mich. Law School, Civil Rights Litigation Clearinghouse, Don’t Shoot Portland v City of Portland, 3:20-
cv-00917 (D. Or.), https://clearinghouse.net/detail.php?id=17600 (last visited June 16, 2021).

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7.

On June 26, 2020, and in reaction to the measures taken by state and local actors to de-

escalate police violence, former President Donald J. Trump issued Executive Order 13933, “On

Protecting American Monuments, Memorials, and Statues and Combatting Recent Criminal

Violence,” which resulted in the deployment of federal agents to Portland. Surrounding that

deployment, the public messaging from the Trump Administration was that Portland had not

been tough enough on protesters, and the federal government was going to take charge and quell

the protests.

8.

On or about July 1, 2020, unidentified federal law enforcement officers in military

fatigues emerged for the first time from the Hatfield Courthouse and engaged with non-violent

protesters as if they were enemy combatants. In keeping with the former president’s messaging,

the federal law enforcement response to the protests did not fail to provide visuals akin to a

warzone.

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9.

Rather than employing crowd control tactics with a focus on protecting federal property,

federal law enforcement officers escalated violence on a nightly basis by indiscriminately

targeting nonviolent and non-resisting individuals for significant force, up to and including force

capable of causing serious bodily harm or death.

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10.

Supervisory officers of multiple federal law enforcement agencies acting in concert

observed, ordered, authorized, approved and/or knowingly acquiesced in the escalation of force

including chasing down protesters, legal observers, medics, journalists, and bystanders, pursuing

them through the streets as many as ten blocks beyond federal property while simultaneously

firing potentially lethal munitions including pepper-spray balls, rubber bullets, rubber ball

grenades, tear gas cannisters and flashbang grenades.

JURISDICTION

11.

This action is brought pursuant to the Fourth Amendment to the United States

Constitution and Bivens v. Ten Unnamed Federal Officers, 403 U.S. 388 (1971), for violations of

constitutional rights held by all persons.

12.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343.

13.

Venue is proper under 28 U.S.C. § 1391(b) because all or a substantial part of the events

or omissions giving rise to Plaintiffs’ claims occurred in the District of Oregon, and because

Defendants are subject to personal jurisdiction in the District of Oregon.

PARTIES

14.

Ms. Jessie-Uyanik is and, at all relevant times was, a resident of Portland, Oregon.

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15.

Ms. West is and, at all relevant times was, a resident of Portland, Oregon. Ms. West was

and is now a minor, having been born on May 1, 2004. Sarah West is the mother of Ms. West

and brings this action on behalf of her daughter, having been appointed by the Multnomah

County Circuit Court as Plaintiff’s Guardian Ad Litem on June 16, 2021.

Defendants

a. Supervisory Defendants

16.

At all material times, “Operation Diligent Valor” was a coordinated effort between the

Department of Homeland Security (DHS), by and through the Federal Protective Service (FPS),

U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection

(CBP) (collectively, “DHS Forces”), working with the United States Marshals Services (USMS).

DHS and USMS contributed supervisory staff (Supervisory Defendants) and subordinate patrol

level staff (Patrol Level Defendants). Supervisory and Patrol Level Defendants are sued in their

individual capacities for their own actions herein. At all relevant times, all these defendants were

acting under color of law. 3

b. DHS Supervisory Defendants

17.

At all material times, Gabriel Russell was a Regional Director with the DHS’s Federal

Protective Service Region 10. Defendant Russell was the Commander of the DHS Rapid

3 Marissa J. Lang, Josh Dawsey, Devlin Barrett and Nick Miroff, Operation Diligent Valor: Trump showcased
federal power in Portland, making a culture war campaign pitch, The Washington Post (July 24, 2020),
https://www.washingtonpost.com/national/portland-protests-operation-diligent-valor/2020/07/24/95f21ede-cce9-
11ea-89ce-ac7d5e4a5a38_story.html. (last visited April 28, 2021).

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Deployment Force for Operation Diligent Valor. He was responsible for and exercised tactical

direction and control over DHS Forces stationed in and/or deployed to Portland, Oregon for

Operation Diligent Valor. Defendant Russell is sued in his individual capacity.

18.

At all material times, Allen Scott Jones was the Deputy Director for Operations for DHS

FPS Region 10 and was the Deputy Incident Commander of all DHS forces stationed in and/or

deployed to Portland, Oregon, for Operation Diligent Valor. Defendant Jones is sued in his

individual capacity.

19.

At all material times, Mark Morgan was the Acting Commissioner of CBP. On

information and belief, Defendant Morgan authorized and oversaw the deployment of CBP’s

Border Patrol Tactical Unit (BORTAC), ostensibly designated with FPS authority under 40

U.S.C. § 1315 and deployed to Portland, Oregon, as part of Operation Diligent Valor.

20.

At all times material, Richard “Kris” Cline was the Deputy Director of FPS. On

information and belief, Defendant Cline authorized and oversaw the deployment of FPS forces,

including CBP and ICE forces ostensibly designated with FPS authority, to Portland, Oregon, as

part of Operation Diligent Valor.

21.

At all material times, John Doe Supervisory Defendants from each of FPS, CBP and ICE

were tactical commanders, area commanders, supervisors, and team leaders who were

responsible for direction and control of all subordinate Patrol Level DHS forces stationed and/or

deployed to Portland, Oregon, for Operation Diligent Valor and whose identities are presently

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unknown to Plaintiffs. At all material times, John Doe Supervisory Defendants from USMS were

onsite (at or near Hatfield Courthouse) commanders, supervisors, and team leaders who were

responsible for direction and control of all subordinate Patrol Level USMS forces stationed at

and/or deployed to the Hatfield Courthouse during the month of July 2020 and whose identities

are presently unknown to Plaintiffs.

22.

John Doe Supervisory Defendants 1-15 are supervisory officers of the Federal Protective

Services, sued in their individual capacities. At all times material, John Doe Supervisory

Defendants 1-15 were acting within the scope of their employment and under color of law.

23.

John Doe Supervisory Defendants 16-30 are supervisory officers of U.S. Immigration

and Customs Enforcement, sued in their individual capacities. At all times material, John Doe

Supervisory Defendants 16-30 were acting within the scope of their employment and under color

of law.

24.

John Doe Supervisory Defendants 31-45 are supervisory officers of U.S. Customs and

Border Protection, sued in their individual capacities. At all times material, John Doe

Supervisory Defendants 31-45 were acting within the scope of their employment and under color

of law.

25.

At all times material DHS Supervisory Defendants, knew or should have known that

DHS lacked lawful authority to issue or enforce a dispersal order on City of Portland streets.

c. USMS Supervisory Defendants

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26.

USMS Supervisory and Patrol Level Defendants are employees of the U.S. Department

of Justice and are not subject to Defendant Russell’s command and control.

27.

At all material times, Russel Burger was the U.S. Marshal for the District of Oregon.

Upon information and belief, Defendant Burger was responsible for and exercised tactical

direction and control over all USMS forces stationed in or deployed to Portland, Oregon, for

protection of the Hatfield Courthouse and nearby federal properties as part of Operation Diligent

Valor. Defendant Burger is sued in his individual capacity.

28.

At all material times, Andrew Smith was employed by the USMS as the Assistant

Director for the Tactical Operations Division and was responsible for and exercised tactical

direction and control over USMS forces, including members of the USMS Special Operations

Group (SOG) forces, stationed in or deployed to Portland, Oregon, as part of Operation Diligent

Valor. Defendant Smith is sued in his individual capacity.

29.

John Doe Supervisory Defendants 46-60 are supervisory officers of the U.S. Marshals

Service, sued in their individual capacities. At all times material, John Doe Supervisory

Defendants 46-60 were acting within the scope of their employment and under color of law. At

all times material, John Doe Supervisory Defendants 46-60 were onsite (at or near Hatfield

Courthouse) commanders, supervisors, and team leaders who were responsible for direction and

control of all subordinate Patrol Level USMS forces stationed at and/or deployed to the Hatfield

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Courthouse during the month of July 2020. John Doe Supervisory Defendants 46-60 had no

management control over any employee of DHS.

30.

At all times material, the USMS Supervisory Defendants, including John Doe

Supervisory Defendants, knew that USMS lacked lawful authority to issue or enforce a dispersal

order on City of Portland streets, to and including SW Fourth Avenue.

d. DHS and USMS Patrol Level Defendants

31.

John Doe Patrol Level Defendant 63 used a high velocity projectile to shoot Ms. Jessie-

Uyanik in the forehead as alleged herein. At all times material, John Doe Patrol Level Defendant

63 was acting within the scope of his/her employment and under color of law. John Doe Patrol

Level Defendants 63 is sued in his/her individual capacity.

32.

John Doe Patrol Level Defendant 64 deployed a stinger ball grenade that exploded near

the head of Ms. West. At all times material, John Doe Patrol Level Defendant 64 was acting

within the scope of his/her employment and under color of law. John Doe Patrol Level

Defendants 64 is sued in his/her individual capacity.

33.

Plaintiffs reserve their right to amend the Complaint to add additional defendants and/or

dismiss defendants as discovery proceeds, including without limitation, any supervisor or

individual involved in the events alleged in this complaint.

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FACTS COMMON TO ALL CLAIMS

34.

On August 20, 2020, Judge Simon issued a preliminary injunction finding that the federal

defendants had been targeting journalists and legal observers during the month of July 2020 with

unnecessary and excessive force. Judge Simon found that, “the character of the recent past

violations by the Federal Defendants in Portland is particularly egregious” and “the Federal

Defendants have not recognized the wrongful nature of their conduct but instead assert that they

have only engaged in lawful conduct.” 4 The Court further observed, “given the disdainful

comments publicly made by the highest officials at the Federal Defendants with respect to

journalists, legal observers, Plaintiffs, protesters and the City of Portland, the professional and

personal characteristics of the Federal Defendants show that they are likely to be enabled or

tempted to engage in future violations.” 5

35.

Through the preliminary injunction, Judge Simon ordered, among other relief, that

defendants, “their agents and employees, and all persons acting under their direction are enjoined

from arresting, threatening to arrest, or using physical force directed against any person whom

they know or reasonably should know is a Journalist or Legal Observer . . . unless the Federal

Defendants have probable cause to believe that such individual has committed a crime.”

36.

On October 9, 2020, the U.S. Court of Appeals for the Ninth Circuit denied the Federal

Defendants’ motion to stay Judge Simon’s preliminary injunction, observing that, “[a]s of the

4 Index Newspapers LLC et.al. v City of Portland et.al, Case No. 3:20-cv-1035-SI, Opinion & Order
Granting Preliminary Injunction, ECF 157 at 54.
5 Id. at 55.

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time the preliminary injunction was entered, the district court found that the Federal Defendants

had engaged in a pattern of conduct that had persisted for weeks and was ongoing,” and that such

pattern of misconduct was “shocking.” 6

“The many peaceful protesters, journalists, and members of the general public cannot be
punished for the violent acts of others. “[T]he proper response to potential and actual
violence is for the government to ensure an adequate police presence … and to arrest
those who actually engage in such conduct, rather than to suppress legitimate First
Amendment conduct as a prophylactic measure.” Collins v. Jordan, 110 F.3d. 1363, 1373
(9th Cir. 1996) (internal citations omitted).” 7

37.

On information and belief, on a nightly basis throughout the month of July 2020, to and

including the night Ms. Jessie-Uyanik and Ms. West was subjected to unnecessary and excessive

force, Defendants Russell, Jones, Morgan, Cline, Burger, Smith and other John Doe Supervisory

Defendants who manned the “Incident Command Post” or “Emergency Operations Center”

within the Hatfield Courthouse, observed live feed video of federal law enforcement officers

using unnecessary and excessive force against non-violent protesters, volunteer protest medics,

photojournalists, members of the press, legal observers and bystanders. 8

38.

On information and belief, on a nightly basis throughout the month of July 2020,

Defendants Russell, Jones, Morgan, Cline, Burger, Smith, and other John Doe Supervisory

Defendants observed, or were informed of and knew in real time, or were informed of within 24

hours of their occurrence through internal after-action reporting and/or through external sources

6 977 F.3d at 826, 829.

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such as news media, social media and twitter, of at least the following specific acts of

unnecessary and excessive force committed by federal law enforcement officers:

A. On July 5, 2020, without warning or justification, federal agents shoved volunteer medics
Christopher Durkee and Savannah Guest to the ground as they were following orders to
disburse and beat them with truncheons. Durkee and Guest were not engaged in criminal
activity and were not arrested. [Wise et. al. v. Portland et.al., Case No. 3:20-cv-01193]
B. On July 11, 2020, without warning or justification, federal agents shot volunteer medic
Savannah Guest multiple times on her feet and ankles with rubber bullets as she was
kneeling to provide aid to an injured protester. Guest was not engaged in criminal
activity and was not arrested. [Wise]
C. On July 11, 2020, without warning or justification, federal agents shot Donovan LaBella
in the head with an impact munition while Mr. LaBella was standing across the street
from the Hatfield Courthouse and holding a music speaker above his head. Mr. LaBella
was peacefully protesting and was not engaged in criminal activity and was not arrested.
D. On July 12, 2020, without any warning or justification, federal agents shot Joe Ketcher in
the left leg with a high-velocity projective, causing a left tibial fracture requiring two
surgeries. Ketcher was shot as he was engaged in non-violent protest near the Hatfield
Courthouse. Ketcher was not engaged in any criminal activity and was not arrested.
E. On July 14, 2020, without warning or justification, federal agents repeatedly shot
volunteer medic Christopher Wise multiple times in the legs with pepper balls as he
attempted to render aid to protesters suffering from tear gas exposure in Lownsdale
Square. Wise was not engaged in criminal activity and was not arrested. [Wise].
F. On July 15, 2020, without warning or justification, federal agents shot a tear gas canister
directly at Justin Yau, a journalist covering the protests. Yau was not engaged in
criminal activity and was not arrested. [Index Newspapers et. al. v. Portland et. al., Case
No. 3:20-cv-1035]
G. On July 18, 2020, without warning or justification, federal agents struck Navy veteran
Christopher David multiple times with their batons in his torso, lower body, hand and
back and sprayed him in the face with a chemical agent. Mr. David was peacefully
protesting and not engaged in criminal activity and was not arrested. [Pettibone et. al. v.
Trump et. al., Case No. 3:20-cv-01464]
H. On July 18, 2020, at approximately 11:00 p.m., Duston Obermeyer was among a group of
peaceful protesters standing on SW Third in front of the Hatfield Courthouse when,
without warning or justification, tear gas was launched into the crowd and a phalanx of
federal agents moved into position in front of the courthouse. Federal agents then shot
Obermeyer in the chest with a chemical munition and struck him in the face and chest
with a baton. Obermeyer was peacefully protesting and not engaged in criminal activity
and was not arrested. [Pettibone]
I. On July 19, 2020, without warning or justification, federal agents shot photojournalist
Jungho Kim just below the heart with a less lethal projectile munition as he was
photographing their interactions with protesters 30 feet away. Kim was not engaged in
criminal activity and was not arrested. [Index]
J. On July 19, 2020, without warning or justification, federal agents shot photojournalist
Noah Berger twice with less lethal munitions, struck him multiple times with batons and

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pepper sprayed in his face while he was filming the protests. Berger was not engaged in
criminal activity and was not arrested. [Index]
K. On July 19, 2020, without warning or justification, federal agents shot James Comstock,
a legal observer with the National Lawyers Guild, in the hand while he was standing with
his back against a wall near the intersection of SW Fourth and Main making notes on his
phone. Mr. Comstock was not engaged in criminal activity and was not arrested. [Index]
L. On July 19, 2020, without warning or justification, federal agents shot Nate Haberman-
Ducey, a law student and volunteer legal observer, in the right hand with an impact
munition, as he was standing holding his bicycle. The impact fractured his right wrist
causing him immediate pain and trauma. Haberman-Ducey was a clearly marked legal
observer, not engaged in any criminal activity, and was not arrested.
M. On July 20, 2020, without warning or justification, federal agents shot Maureen Healy, a
peaceful protester, in her left forehead with an unknown projectile as she was attempting
to follow orders to disburse from Lownsdale Square. Healy was not engaged in criminal
activity and was not arrested. [Pettibone]
N. On July 20, 2020, without warning or justification, federal agents shot Amanda Dunham
three times with rubber bullets in her back, upper arm and elbow and deployed tear gas
while she was among a group of peaceful protesters near the Multnomah County Justice
Center. Dunham was not engaged in criminal activity and was not arrested. [Western
States Center et. al. v. U.S. Dept. of Homeland Security et. al., Case No. 3:20-cv-01175].
O. On July 21, 2020, without warning or justification, federal agents shot photojournalist
Amy Katz with pepper balls and deployed a tear gas grenade at her feet while she was
attempting to document federal agents’ activities in the vicinity of the Hatfield
Courthouse. Katz was not engaged in criminal activity and was not arrested. [Index]
P. On July 21, 2020, federal agents emerged from the Hatfield Courthouse and, without
warning or justification, shoved journalist Sarah Jeong, who was walking slowly
backward away from the courthouse, with such force that both her feet left the ground.
Jeong was not engaged in criminal activity and was not arrested. [Index]
Q. On July 21, 2020, without warning or justification, federal agents shot James McNulty, a
peaceful protester, four times with rubber bullets and one time with a pepper ball as he
was moving through the intersection of SW Main Street and SW Third Avenue.
McNulty was not engaged in criminal activity and was not arrested. [Pettibone].
R. On July 21, 2020, without warning or justification, federal agents shot Lewis & Clark
College Professor Maureen Healy in the head with an impact munition while she was
peacefully protesting and not engaged in criminal activity and was not arrested. [Western
States]
S. On July 22, 2020, without warning or justification, federal agents shot Andre Miller in
the head with a tear gas cannister while he was among a group of peaceful protesters
standing on Main Street between SW Fourth and SW Fifth Avenues. Miller was not
engaged in criminal activity and was not arrested. [Pettibone]
T. On July 22, 2020 without warning or justification, federal agents launched a flash bag
device at Alex Milan Tracy, striking him, as he was standing in the street near the
Hatfield Courthouse, filming. Tracy was not engaged in criminal activity and was not
arrested. [Index]
U. On July 22, 2020, without warning or justification, federal agents beat Rowan Maher
with a baton while she was walking away from the Hatfield Courthouse near Lownsdale

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Square, causing her bruising, pain, and fear. Shorting thereafter, Maher was shot in the
head with a pepper-spray ball munition as she was standing on SW Main St., between 5th
and 6th Avenue, causing her fear and concern for her safety. Maher was not engaged in
criminal activity and was not arrested. [Clark et. al. v. Wolf et. al., Case No. 3:20-cv-
01436].
V. On July 23, 2020, without warning or justification, federal agents shot Oregon Public
Broadcasting staff reporter Rebecca Ellis in the hand as she was filming federal agents
exiting the Hatfield Courthouse. Ellis was not engaged in criminal activity and was not
arrested. [Index]
W. On July 24, 2020, without warning or justification, a federal agent hurled a tear gas
cannister at Nichol Denison, striking her in the head, while she was peacefully protesting
as a member of the Wall of Moms standing outside and approximately 8 feet away from
the fence surrounding the Hatfield Courthouse. Denison was not engaged in criminal
activity and was not arrested. [Pettibone]
X. On July 24, 2020, without warning or justification, federal agents shot photojournalist
Brian Conley with impact munitions in the chest and foot and fired a tear gas canister at
his head. Conley was not engaged in criminal activity and was not arrested. [Index]
Y. On July 24, 2020, without warning or justification, federal agents shot Oregon Public
Broadcasting staff reporter Jonathan Levinson multiple times with paint ball rounds as he
was trying to focus his camera to take pictures of federal agents positioned behind the
courthouse fence. Levinson was not engaged in criminal activity and was not arrested.
[Index]
Z. On July 24, 2020, without warning or justification, federal agents shot Ellen Gass with
impact munitions in the left foot, fracturing her great toe, and shot her in the head and
face with pepper-spray balls, as she was standing in the protest zone near the Hatfield
Courthouse. Gass was lawfully and peacefully protesting on behalf of Black lives and the
Black Lives Matter movement. [Clark].
AA. On July 24, 2020, without warning or justification, Taylor Young was shot in the
face with a high-velocity projectile as he was engaged in non-violent protest near the
“Wall of Moms” in the protest zone near the Hatfield Courthouse. The impact caused
injuries to his neck, throat and jaw and surgery to remove the projectile material. Young
was not engaged in criminal activity and was not arrested.
BB. On July 25, 2020, without warning or justification, federal agents shot Mac Smiff
in the right side of his face with a hard-cap paint ball as he was standing in Lownsdale
Square across from the Hatfield Courthouse looking down at his cell phone. Smiff was
not engaged in criminal activity and was not arrested. [Pettibone]
CC. On July 25, 2020, without warning or justification, federal agents shot freelance
photographer Kathryn Elsesser in the arm with an impact munition as she was walking
away from the park across the street from the Hatfield Courthouse. Elsesser was not
engaged in criminal activity and was not arrested. [Index]
DD. On July 25, 2020, without warning or justification, federal agents deployed stun
grenades in the direction of Nathaniel West, which exploded close to his head, causing
him hearing loss, pain, and disorientation, while he and his daughter, Lillian “Beck” West
were lawfully and peacefully protesting on behalf of Black lives and the Black Lives
Matter movement. [Clark].

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EE. On July 26, 2020, without warning or justification, federal agents shot VICE
News videographer Daniel Hollis multiple times with impact munitions near his left groin
and in his back as he was filming wide-angle footage of a mass of protestors in front of
the courthouse. Hollis was not engaged in criminal activity and was not arrested. [Index]
FF. On July 26, 2020, without warning or justification, federal agents shot volunteer
medic Nathan Cohen in the chest with a tear gas cannister at close range as he was
checking on his fellow protesters. The impact caused a severe chest wall contusion, onset
of pre-existing congenital heart condition symptoms, and a possible heart injury. Cohen
was not engaged in any criminal activity and was not arrested. [Cohen v. Russell et. al.,
Case No. 3:21-cv-00579]
GG. On July 26, 2020, without warning or justification, federal agents shot Angeline
Mead in the right eye with a high velocity projectile at short range as she was walking
away from federal agents over a block away from the Hatfield Courthouse. Mead was not
engaged in any criminal activity and was not arrested. [Mead v. Russell et.al., Case No.
3:21-cv-00672].
HH. On July 26, 2020, without warning or justification, federal agents shot Angela
Clark in the hand with munitions, causing her injury and pain, as she was standing near
the corner of SW 4th Ave, and SW Salmon St., lawfully and peacefully protesting on
behalf of Black lives and the Black Lives Matter movement. Clark was not engaged in
criminal activity and was not arrested. [Clark]
II. On July 27, 2020, without warning or justification, federal agents shot
photojournalist Amy Katz with an impact munition in the side as she was among a group
of press moving away from federal agents. Katz was not engaged in criminal activity and
was not arrested. [Index]
JJ. On July 27, 2020, without warning or justification, federal agents shot freelance
photojournalist Emily Molli with impact munitions while standing approximately 75
yards away from protesters that she was filming. Molli was not engaged in criminal
activity and was not arrested. [Index]
KK. On July 29, 2020, without warning or justification, a federal agent shot Ashlee
Turner with tear gas canisters at close range as she was shielding another protester from
the federal agent who was pointing a weapon at her. As Turner hunched down and held
her umbrella up to protect the protestor, Turner was shot twice. Both canisters hit Turner,
causing burns and a Humeral Avulsion Glenohumeral Ligament (HAGL) tear in her left
shoulder, rendering left arm (her dominant hand) essentially useless, with possibly a
permanent impairment. Turner as not engaged in criminal activity and was not arrested.

39.

Upon information and belief, Defendants Russell, Jones, Morgan, Cline, Burger, Smith

and other John Doe Supervisory Defendants issued orders to their subordinate federal law

enforcement officers to use unnecessary and excessive force or, with knowledge of material facts

approved, were deliberately indifferent to or acquiesced in the use of excessive force or, having a

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duty to intervene and order the cessation of use of excessive force failed to intervene and order

their subordinate federal law enforcement officers to cease use of unnecessary and excessive

force.

40.

Upon information and belief, no reports of improper uses of force by federal law

enforcement officers were made by Defendants Russell, Jones, Morgan, Cline, Burger, Smith

and or any other John Doe Supervisory Defendants Supervisory for acts occurring in Portland,

Oregon, during July 2020.

41.

Upon information and belief, Defendants Russell, Jones, Morgan, Cline, Burger, Smith

and other John Doe Supervisory Defendants did not take disciplinary action against any Patrol

Level John Doe Defendant, inclusive of John Doe 63 and John Doe 64, for any acts occurring in

Portland, Oregon during July 2020. 9

THE UNLAWFUL SEIZURE OF

PLAINTIFF KRISTEN JESSIE-UYANIK

42.

On the evening of Saturday, July 25, 2020, Ms. Jessie-Uyanik, along with other law

abiding, non-violent protesters, joined arm-in-arm with the “Wall of Moms” near the fence

surrounding the front of the Hatfield Courthouse, and engaged in non-violent protest in support

of the Black Lives Matter Movement. A tall metal black fence was in the east lane of S.W. Third

Street, a one-way, two-lane street which runs generally north to south. The fence blocked the

9 Index Newspapers LLC et.al. v City of Portland et.al, Case No. 3:20-cv-1035-SI, Opinion & Order Granting
Preliminary Injunction, ECF 157 at 54.

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sidewalk and entrance to the Hatfield Courthouse as it ran between S.W. Salmon Street to the

north and S.W. Main Street to the south.

43.

Ms. Jessie-Uyanik wore a yellow t-shirt with the words “Summoned Mama

#BlackLivesMatter” as she and other “Moms” held arms and chanted “Black Lives Matter!” and

repeated the names of George Floyd, Breonna Taylor and other Black lives that had ended at the

hands of the police. For her own safety, Ms. Jessie-Uyanik wore a black helmet with the letters

“BLM” across the front, a bandana, clear safety goggles over her prescription eyeglasses, ear

plugs, and a white KN95 mask, as Ms. Jessie-Uyanik was aware of the indiscriminate tear-

gassing and shooting of people in the head with various projectile munitions the federal officers

were using in the preceding nights from reports on previous protests. A photograph of Ms.

Jessie-Uyanik taken the night that she was shot is shown below.

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44.

At or around 10:45 p.m., Ms. Jessie-Uyanik saw numerous armed federal officers in

different combat fatigues come out from the Hatfield Courthouse and line up behind the fence.

Ms. Jessie-Uyanik pulled her phone out, took a few pictures of the fence and the federal officers

standing on the opposite side of the fence, and put her phone away. Ms. Jessie-Uyanik pulled her

safety goggles down over her eyes, inserted ear plugs, and locked arms with the other “Wall of

Moms” women next to her. Ms. Jessie-Uyanik saw confetti to her right and heard a marching

band playing in the intersection to her left, where she stood approximately ten (10) feet from the

fencing.

45.

At approximately 10:55 p.m., without warning and while Ms. Jessie-Uyanik posed no

threat to any person or property, Patrol Level Defendant John Doe 63 shot Ms. Jessie-Uyanik in

the forehead with a high-velocity projectile.

46.

Ms. Jessie-Uyanik heard a “BOOM” and felt something hit her head. The projectile

struck Ms. Jessie-Uyanik directly above her right eye and knocked her backwards. Ms. Jessie-

Uyanik screamed in terror and was immediately pulled backwards, picked up and carried by an

unknown member of the crowd who yelled “MEDIC! GET OUT OF THE WAY!”. Ms. Jessie-

Uyanik felt blood gushing down her face, impairing her ability to see. Ms. Jessie-Uyanik felt

terrified and thought that she might die or lose an eye.

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47.

Photographs of the destroyed safety goggles and Ms. Jessie-Uyanik’s injuries are shown

below.

48.

Ms. Jessie-Uyanik was taken to a medic vehicle where medics applied a bandage to the

gaping wound on her forehead to attempt to control the bleeding. Ms. Jessie-Uyanik was then

transported on a gurney through a sea of tear gas and protesters to a second medic vehicle. Ms.

Jessie-Uyanik was taken by the second medic vehicle to Kaiser Sunnyside Hospital, in

Clackamas Oregon.

49.

Ms. Jessie-Uyanik arrived at Kaiser Sunnyside and was admitted into the Emergency

Department at 11:58 p.m. As a result of being shot by Patrol Level Defendant John Doe 63, Ms.

Jessie-Uyanik sustained physical injuries including a concussion and stellate laceration to her

mid forehead. This gaping laceration required seven stiches. Ms. Jessie-Uyanik sustained soft

tissue swelling over the bridge of her nose and inferior frontal bones, with unknown foreign

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bodies. A CT scan showed numerous punctate opacities in the frontal region of her forehead. Ms.

Jessie-Uyanik suffered from dizziness, physical pain, mental suffering including adjustment

disorder with anxiety, worry, irritability, reactivity, decreased tolerance for frustration, and

suffers from increased difficulty to concentrate and focus, experiences flashbacks, nightmares,

and sleep impairment.

50.

As a result of this traumatic incident, Ms. Jessie-Uyanik felt that she could not protect her

own safety by attending the protests or events where law enforcement was present. Ms. Jessie-

Uyanik was and remains afraid to resume her expression if any law enforcement officers are

present. Ms. Jessie-Uyanik had seen for herself that federal officers would not hesitate to

indiscriminately shoot people in the head with high velocity projectiles or other munitions,

without regard to who was a threat and who was not.

51.

Because Ms. Jessie-Uyanik was specifically targeted by unidentified federal officers and

intentionally shot in the head with a high-velocity projectile – clearly contrary to the proper use

of such a weapon and a clear violation of the federal officer’s authority and mission to protect

federal property – it is beyond debate that Patrol Level Defendant John Doe 63, and those

surrounding and purportedly supervising him, targeted her to incapacitate and inflict serious

bodily harm.

Supervisory Defendants, acting in concert, were a driving force of, caused and were

aware of the conduct of Patrol Level Defendant John Doe 63 alleged herein because they

personally directed the conduct or witnessed the conduct via surveillance and data collection and

approved of and failed to correct the conduct.

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As a result of Defendants’ conduct, Ms. Jessie-Uyanik experienced economic harms,

personal injury and emotional harms, including significant and prolonged physical pain,

emotional distress, fear, humiliation, anxiety, and depression.

THE UNLAWFUL SEIZURE OF

PLAINTIFF LILLIAN DOROTHY “BECK” WEST

52.

Ms. West recently turned seventeen years old and attends high school at Gateway to

College. She likes to read, draw, and take acrobatics classes. As a young white person, the

murder of George Floyd and the community momentum that emerged compelled Ms. West to

delve deeper into her values and engage with the community to stand up to racial injustice. As a

person whose family culture taught that values need to be reflected in personal action and family

business choices, Ms. West attended speeches, vigils, and rallies with her parents. She worked

alongside her parents to supply protesters with food and water, to clean up, and to donate to the

resources of the movement. Her participation in the Black Lives Matter movement was one of a

caretaker and was rooted in the belief that privilege must be used in tangible ways to lift the

voices of the Black community and provide resources and protection in the face of injustice.

53.

On the evening of Saturday, July 25, 2020, Ms. West and her father, Nathaniel West,

joined family friends to gather across the street from the Hatfield Courthouse, and through

peaceful protest, support of the Black Lives Matter movement.

54.

At approximately 11:00 p.m. that evening, Ms. West, and her father remained together on

SW Salmon Street near Third Avenue, donning the protective gear protesters had been forced to

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wear in order to be physically able to remain present while federal agents deployed constant

waves of chemical agents upon them. Ms. West wore a respirator, a helmet and goggles and

stayed closed to her dad. A photograph of Ms. West wearing the exact protective gear that she

wore when she was shot is shown below.

55.

For all relevant times, Ms. West posed no threat to any person or to any property.

56.

At around 11:20 p.m., Ms. West and her father stood tensed and frozen as federal agents

began firing grenades through the fence, causing explosions all around them into the crowd. Ms.

West and her father grasped each other while trapped in the rapid fire. Mr. West tried to shelter

Ms. West with his body, to stick together and to stay calm. At that time, Patrol Level Defendant

John Doe 64 shot a rubber ball grenade at Ms. West, which exploded on or so near to her head

that the explosion itself blew apart her eardrum and melted and implanted pellets and matter into

her face, shoulder, and neck.

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57.

Terrified, Ms. West and her father squeezed hands, her father taking her by the shoulders

to try to lead her out of the crowd. With her eyes squeezed shut, completely unable to hear and

with ringing in both ears, Ms. West held onto her father as he tried to guide them out of the

federal agents’ fire and through the crowd to safety. Once they had reached their car, they were

able to see that the grenade had melted pellets into the chin strap of her helmet and to the left

side of her goggles, melted the shoulder and back of her sweater, left welts on her shoulders, and

singed the hair on her head to the line of her helmet.

58.

Sobbing and confused, they reached their car a few blocks away at SW Salmon Street

near Fourth Avenue. Her father drove home, Ms. West crying the entire ride. When they arrived

home, Ms. West’s mother tried to clean her daughter’s lacerations, burned skin and welts from

numerous grenade pellets, and to remove embedded chemical substances, including black burned

powder within her left ear canal. Ms. West smelled of gunpowder and burnt plastic. A

photograph of Ms. West taken the night that she was shot is shown below.

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59.

Ms. West was taken to a doctor the following day, June 26, 2020, as she had continued to

have pain and hearing loss in her left ear, tinnitus, as well as thermal burns on the left side of her

face and shoulder. Over the next two days, Ms. West continued to suffer from hearing loss in her

left ear. She was referred to an audiologist, who performed a pediatric audiology evaluation and

found that Ms. West had left conductive hearing loss and symptoms consistent with tympanic

membrane perforation in her left ear. Ms. West was put on a prednisone protocol for sudden

hearing loss. On August 2, 2020, Ms. West was diagnosed with left conductive hearing loss,

restricted hearing, left perforation of eardrum, and otic barotrauma.

60.

On August 11, 2020, Ms. West’s left ear was examined using a binocular otomicroscope.

This examination confirmed the earlier diagnosis of a left tympanic membrane subtotal pars

tensa perforation due to explosive acoustic trauma to her left ear. After several follow up

examinations, Ms. West’s doctors found that her perforated eardrum did not heal over time, and

surgery was recommended.

61.

On April 26, 2021, after a delay of surgery due to COVID19, Ms. West underwent

tympanoplasty surgery to remove fascia from between her skull and scalp to fashion a

scaffolding for a new eardrum, a one and a half hour procedure. A follow-up appointment is

needed to determine Ms. West’s long-term prognosis, including the amount of projected hearing

improvement and whether she will need further surgery or continued restrictions on bathing and

swimming.

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62.

Throughout the following year, Ms. West could not submerge her head in water to bathe

or swim and needed to be very careful not to allow water to enter her ear when washing her hair.

63.

Defendants’ use of excessive forced resulted in Ms. West suffering an almost total loss of

hearing in her left ear and often could not follow conversations, was frequently unaware when

being spoken to, was unable to discern words amidst background noises, and experienced

overwhelming discomfort when exposed to overlapping sounds. Patrol Level Defendant John

Doe 64 knew or should have known that to deploy this munition at so close a range was, upon

information and belief, against the manufacturer’s instructions for use and likely to cause a risk

of serious injury or even death.

64.

Supervisory Defendants, acting in concert, were a driving force of, caused and were

aware of the conduct of Patrol Level Defendant John Doe 64 alleged herein because they

personally directed the conduct or witnessed the conduct via surveillance and data collection and

approved of and failed to correct the conduct.

65.

As a result of Defendants’ conduct, Ms. West experienced economic harms, personal

injury, some injuries which may be permanent, emotional harms, including significant and

prolonged physical pain, emotional distress, fear, humiliation, anxiety, and depression.

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CLAIM FOR RELIEF: FOURTH AMENDMENT

Bivens – Excessive Force

66.

Plaintiffs reallege the paragraphs above as if fully set forth herein.

67.

At all times material, Plaintiffs had a protected liberty interest under the Fourth

Amendment not to be subjected to an unreasonable seizure of their persons through the

application of undue, unnecessary, and excessive force.

68.

In Defendant John Doe 63’s and Defendant John Doe 64’s decision making and use and

application of force against Plaintiffs, John Doe 63 and John Doe 64 failed to ascertain or

ignored all reasonable and objective facts and his/her acts and omissions were objectively

unreasonable considering the circumstances confronting him/her for reasons which, based on

information presently known to Plaintiffs, include the following:

A. Defendants lacked knowledge of facts sufficient to form an objectively reasonable belief

that Plaintiffs posed an immediate threat of bodily harm to any person.

B. Defendants lacked knowledge of facts sufficient to form an objectively reasonable belief

that Plaintiffs had committed or were about to commit a crime.

C. Defendants intentionally used and applied force that could cause Plaintiffs serious injury

or death.

D. Defendants intentionally used and applied a quantum of force that was grossly

disproportionate to Plaintiffs mere presence among protesters, journalists, medics, and

bystanders in the vicinity of the Hatfield Courthouse.

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E. Defendants gave no warning of his/her intention to use force, even though it was

reasonably feasible for defendants to do so.

F. Defendants intentionally misused their weapons – by firing a high-velocity projectile at

Ms. Jessie-Uyanik, and stinger ball grenade at Ms. West – at the head/face of a person, an

application prohibited by Defendants’ training and, upon information and belief, an

application not authorized by the manufacturer of that weapon.

69.

Patrol Level Defendants John Does 63 and John Doe 64 seized Plaintiffs through the

application force and such use of force was unreasonable, unnecessary, and excessive and

violated Plaintiffs’ rights under the Fourth Amendment.

70.

At all times material, the law was clearly established in the Ninth Circuit that Defendants

John Doe 63’s and John Doe 64’s use of force in the manner and under the circumstances used

against Plaintiffs was objectively unreasonable and excessive. Any reasonable law enforcement

officer would have known that the force John Doe 63 and John Doe 64 used against Plaintiffs

was excessive and violated Plaintiffs’ right to be protected from unreasonable seizure of her

person under the Fourth Amendment.

71.

Defendants Supervisors, through their pattern of knowing tolerance, if not overt

encouragement, of recurrent acts of excessive force by federal law enforcement officers under

their supervision, command and control, adopted and implemented a de facto policy of

deployment of excessive force in repudiation of the Fourth Amendment rights of all persons

attending protests in the vicinity of the Hatfield Courthouse, including Plaintiffs.

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72.

Defendants Supervisors’ de facto policy of deployment of excessive force against all

persons attending protests in the vicinity of the Hatfield Courthouse set in motion a series of acts

by their subordinate federal law enforcement officers, inclusive of Defendants John Doe 63 and

John Doe 64, which they knew or should reasonably have known would cause Defendants John

Doe 63 and John Doe 64 and others to inflict constitutional injury and Defendant Supervisors’

de facto policy was the moving force behind the violations of Plaintiffs’ Fourth Amendment

rights.

73.

As a direct and proximate result of Defendants’ actions and inactions alleged above,

Plaintiffs were placed in fear for their lives, and suffered physical and mental pain and emotional

distress to their noneconomic damage in amounts to be proved at trial.

74.

As a further direct and proximate result of Defendants’ actions and inactions alleged

above, Plaintiffs incurred expenses for necessary medical care and treatment to Plaintiffs’

economic damage in amounts to be proved at trial.

75.
Defendants engaged in the conduct directed toward Plaintiffs maliciously, oppressively

or in reckless disregard of Plaintiffs’ Fourth Amendment rights. Plaintiffs are entitled to an

award of punitive damages against defendants to punish and deter them and others from similar

deprivations of constitutional rights in the future.

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WHEREFORE Plaintiffs pray for judgment against Defendants, and each of them, as

follows:

1. For compensatory noneconomic damages in an amount to be determined by a

jury and for prejudgment interest on said sums;

2. For punitive damages;

3. For Plaintiffs’ costs and such other and further relief as the Court may deem just

and equitable; and

4. Plaintiffs demand a jury trial for all matters triable of right to a jury.

DATED this 23rd day of June, 2021.

Respectfully submitted,

s/Christopher A. Larsen
Christopher A. Larsen, OSB No. 910679
Jane L. Moisan, OSB No. 181864

33 – PLAINTIFFS’ COMPLAINT