Oregon
Lawsuit accuses Oregon police department of illegally monitoring progressive activists
MEDFORD, Ore. — The American Civil Liberties Union of Oregon is suing the city of Medford, saying its police department has been unlawfully monitoring progressive political activists who aren’t suspected of criminal activity.
City officials insisted they have not monitored the groups because of their views or constitutionally protected activities, but only to prepare for possible public safety impacts, such as traffic disruptions, conflicts between protesters and counter-protesters, and property damage.
In the early 1980s, after revelations that Portland police had routinely surveilled civil liberties, racial justice and other groups, the Oregon Legislature approved a law barring law enforcement agencies from collecting information about the political, religious or social views or activities of any individual or group unless it directly relates to a criminal investigation.
According to the lawsuit filed Tuesday in Jackson County Circuit Court, the Medford Police Department for several years has monitored the activities and social media accounts of people involved in an array of causes, including racial justice, LGBTQ+ and reproductive rights, preventing drug overdoses, and providing services for unhoused people.
The lawsuit is based on police emails and other documents first obtained through public records requests by the website info4publicuse.org.
It alleges that the police department broke the law by monitoring or infiltrating social media accounts or groups for information about protests, including Black Lives Matter demonstrations following the killing of George Floyd by Minneapolis police in 2020 and a “Bans off our bodies” demonstration around the U.S. Supreme Court’s decision overturning the federal right to abortion in 2022.
“The Medford Police is blatantly disregarding a three-decades-old state law that prohibits this type of surveillance,” Kelly Simon, ACLU of Oregon legal director, said in a written statement. “Their doubling down is a bald display of impunity from those we trust to enforce the law.”
In an emailed statement Tuesday, Medford City Attorney Eric Mitton disputed that.
“The purpose of reviewing publicly-available information on social media channels is not to analyze or judge individuals’ political, religious, or social views, but to address legitimate police interests regarding public rallies and protests,” he wrote.
Mitton’s email also included a statement from Medford Police Chief Justin Ivens, who said the department prioritizes community safety while upholding constitutional rights.
“We use publicly accessible information to plan and staff events impacting public safety,” Ivens said. “This ensures our ability to address potential safety concerns while safeguarding those exercising their constitutional right to free speech.”
Among the emails cited in the lawsuit were some showing that police monitored activists’ social media for information about the showing of a drive-in movie in conjunction with Juneteenth activities in 2020, amid broader demonstrations over Floyd’s death; about demonstrations concerning a COVID-19 outbreak at a local jail; and about any plans for protests related to the Supreme Court’s Dobbs decision overturning Roe v. Wade.
The lawsuit said public records showed police kept a “dossier” on the local nonprofit the Rogue Valley Pepper Shakers, which promotes LGBTQ+ and abortion rights, including screenshots of its Facebook page.
Other records included emails concerning Stabbin Wagon — an organization that advocates for and provides clean syringes, overdose reversal medication, and contraceptives to at-risk and unhoused residents — as well as public statements its founder Melissa Jones had made criticizing police raids on homeless encampments.
The Pepper Shakers, Stabbin Wagon and Jones are plaintiffs in the lawsuit.
“Instead of investigating real safety threats, the Medford Police are wasting resources spying on someone like me who’s just trying to care for my neighbors,” Jones said in a statement released by the ACLU.
2020 Labor Day wildfire survivor talks blaze’s five-year anniversary
Hear from 2020 wildfire victim Christine Grom as she talks about the results of a class action lawsuit against PacifiCorp.
The Oregon Supreme Court has agreed to hear arguments in the billion dollar class action lawsuit between survivors of four 2020 Labor Day Fires and PacifiCorp.
The state’s high court will hear arguments at 1:30 p.m. on Nov. 3 in Salem, in a case with billions on the line for thousands of victims impacted by one of the worst disasters in state history.
The review represents a win for wildfire survivors, many of whom live in the Santiam Canyon and lost everything in the fires, and who stood to lose billions in jury awards following an April decision by the Oregon Court of Appeals.
How did we get here?
In June 2023, a Multnomah County jury found PacifiCorp at fault for causing the Santiam, Echo Mountain, 242 and South Obenchain fires and liable to a class of roughly 2,000 victims.
In the years since the verdict, juries have awarded more than $1.2 billion to 189 wildfire survivors, over the course of 18 “mini trials” designed to determine awards to fire victims.
On April 8, the Oregon Court of Appeals ruled the 2023 verdict was flawed, writing that instructions to the jury were “prejudicial to PacifiCorp.”
The appeals court reversed and remanded the case, which would have wiped out all awards and previous legal decisions.
Lawyers for the wildfire victims filed an appeal to the Oregon Supreme Court, also in April, and the high court granted certiorari on June 25.
The timeline for Oregon’s high court hearing the case appears swifter than normal, perhaps representing the need to bring some resolution for a case that’s been ongoing for five years.
“The thousands of Oregonians whose homes PacifiCorp burned are grateful that the Oregon Supreme Court will hear their case quickly,” lead council for the wildfire victims said in a statement.
PacifiCorp issued a statement saying they expected the court of appeals decision to be upheld.
“We respect the Oregon Supreme Court’s decision to review the case and will continue to participate fully in the process, presenting our position through the Court’s established briefing schedule,” a statement from PacifiCorp said. “We look forward to the Court’s consideration of the key issues and to the Court affirming the unanimous Oregon Court of Appeals decision.”
What will the court decide?
In reversing the original verdict, the Court of Appeals ruled that a set of instructions given to the jury, in the 2023 case, was in error and prejudicial to PacifiCorp.
The offending instruction, the ruling said, centered on the trial court telling the jury that it could “assume that the evidence at the trial applies to all class members.”
“We conclude … that instruction was legally erroneous, because certain evidence at trial, particularly related to causation, did not necessarily apply to every class member,” the appeals court wrote.
Lawyers for the plaintiffs argued that “the challenged instruction was appropriate” and that the Court of Appeals ruling “rests on a misinterpretation that no party held at trial and no juror adopted,” they wrote in their appeal to the Supreme Court.
In a news release announcing it would take up the case, the Supreme Court said it would examine the jury instructions and ruling by the appeals court.
Zach Urness has been an outdoors reporter in Oregon for 18 years and is host of the Explore Oregon Podcast. He can be reached at zurness@StatesmanJournal.com or 503-399-6801. Find him on X at @ZachsORoutdoors and BlueSky at oregonoutdoors.bsky.social
The National Weather Service says there is no tsunami threat following a magnitude 5.5 earthquake off the Oregon coast.
The U.S. Geological Survey says the quake struck at 4:35 a.m. about 175 miles southwest of Eugene, Oregon, at a depth of about 6 miles in the Pacific Ocean.
National Weather Service says no tsunami threat after 5.5 quake off Oregon coast (KVAL/SBG)
The earthquake occurred in the Blanco Fracture Zone, a seismically active area where hundreds of earthquakes occur each year.
There have been no reports of residents along the southern Oregon coast feeling the quake.
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PORTLAND, Ore. (KOIN) — The Oregon Department of Human Services is asking for help finding a 2-year-old boy who is believed to be in danger.
Armani Andrews disappeared on June 17 and is thought to be with someone in the Portland area, officials said.
He’s about two feet tall with brown hair and brown eyes and African American/mixed race, ODHS said.
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Armani Andrews (file, courtesy Oregon Department of Human Services). -
Armani Andrews (file, courtesy Oregon Department of Human Services).
Locations around Portland that the child may have frequented include the Rose Haven shelter on Northwest Glisan Street, the Multnomah County Central Library on Southwest 10th Avenue and Southeast Portland between 82nd and 103rd avenues.
People who have any information about Andrews’ whereabouts are asked to call 911.
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