Rosenblum v. John Does 1-10 et al

Filing 1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7002755 Jury Trial Requested: No. Filed by Ellen F Rosenblum against FEDERAL PROTECTIVE SERVICE, John Does 1-10, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, United States Customs and Border Protection Service, United States Marshals Service (Attachments: #1 Attachment Declaration or Mark Pettibone, #2 Proposed Summons United States Department of Homeland Security, #3 Proposed Summons United States Customs and Border Protection, #4 Proposed Summons United States Marshals Service, #5 Proposed Summons Federal Protective Service, #6 Civil Cover Sheet Civil Cover Sheet). (Potter, Sheila)

Case 3:20-cv-01161-HZ

Document 1-1

Filed 07/17/20

Page 1 of 2

ELLEN F. ROSENBLUM
Attorney General
SHEILA H. POT [ER #993485
Deputy Chief Trial Counsel
STEVEN M. LIPPOLD, OSB #903239
Chief Trial Counsel
Department of Justice
100 SW Market Street
Portland, OR 97201
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ELLEN ROSENBLUM, Oregon Attorney
General,

Case No.
DECLARATION OF MARK PETTIBONE IN
SUPPORT OF ROSENBLUM'S MOTION
FOR A TEMPORARY RESTRAINING
ORDER AND PRELIMINARY INJUNCTION

Plaintiff,
v.
JOHN DOES 1-10; the UNITED STATES
DEPARTMENT OF HOMELAND
SECURITY;
UNITED STATES CUSTOMS AND
BORDER PROTECTION; the UNITED
STATES MARSHALS SERVICE and the
FEDERAL PROTECTIVE SERVICE,
Defendants.

I, Mark Pettibone, declare:

Page 1 - DECLARATION OF MARK PETTIBONE IN SUPPORT OF ROSENBLUM'S MOTION
FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
SP3/db5/#10342025-v1A
Department of Justice
100 SW Market Street
Portland, OR 97201
(971) 673-18801 Fax: [phone]

Case 3:20-cv-01161-HZ

1.

Document 1-1

Filed 07/17/20

Page 2 of 2

I am a resident of Portland, Oregon and a citizen of the United States of America.

I make this affidavit based on my own personal knowledge and I am competent to testify about
the matters contained in this declaration.
2.

In the early morning of July 15, 2020, around 2:00 a.m., I was walking home in

downtown Portland after peacefully taking part in a demonstration in support of Black Lives
Matter.
3.

Without warning, men in green military fatigues and adorned with generic

"police" patches, jumped out of an unmarked minivan and approached me.
4.

I did not know whether the men were police or far-right extremists, who, in my

experience, frequently don military-like outfits and harass left-leaning protesters in Portland. My
first thought was to run. I made it about a half-block before I realized there would be no escape
from them.
5.

I sank to my knees and put my hands in the air

6.

I was detained and searched by these men. One man asked me if I had any

weapons. I did not. They drove me to the federal courthouse in Portland and placed me in a
holding cell. Two officers read my Miranda rights to me and asked if I would waive those rights
to answer a few questions. I refused to waive my rights.
7.

No one told me why I had been detained, provided me with any record of an

arrest, or explained what probable cause they had to detain me.
8.

As far as I know, I have not been charged with any crimes.

I declare under penalty of perjury that the foregoing is true and correct.
EXECUTED on July

3-, 2020.

Page 2 - DECLARATION OF MARK PETTIBONE IN SUPPORT OF ROSENBLUM'S MOTION
FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
SP3/db5/#10342025-v1A
Department of Justice
100 SW Market Street
Portland, OR 97201
[phone] / Fax: [phone]