Federal judge limits use of force against ICE protesters in Portland

A federal judge has ordered new restrictions on how federal officers can use force against protesters outside an immigration enforcement office in Portland.

Michael H. Simon ruled that officers under the Federal Protective Service cannot use chemical agents or projectile munitions indiscriminately  against peaceful demonstrators at the local U.S. Immigration and Customs Enforcement building.

The injunction follows a lawsuit filed by three protesters and two freelance journalists who argued that officers used excessive force during demonstrations. The judge found evidence suggesting federal officers targeted nonviolent protesters in ways that could discourage their First Amendment rights to free speech and a free press.

Under the ruling, officers cannot deploy chemical sprays or projectile munitions unless a specific individual poses an imminent threat of physical harm. The order also prohibits firing munitions at a person’s head, neck or torso unless deadly force would be legally justified.

The judge further stated that pepper spray or similar aerosol sprays may only be used if a person shows “active resistance,” such as violent or unlawful conduct. Passive actions like refusing to move, trespassing or going limp do not meet that threshold.

Simon also directed federal authorities and the plaintiffs to develop a plan requiring officers to display clearly visible identification numbers or letters on their uniforms so they can be recognized from a distance.

The injunction applies to the area surrounding the ICE building on South Macadam Avenue and Bancroft Street.

The case includes several plaintiffs who said they were struck by pepper balls, tear gas or other crowd-control munitions during protests. Among them is activist  Jack Dickinson, known locally for wearing a chicken costume while protesting immigration enforcement actions.

Lawyers representing the protesters from the American Civil Liberties Union of Oregon argued that federal officers repeatedly used force against peaceful demonstrators and journalists documenting the events.

Attorneys for the federal government said officers were responding to trespassing and efforts to block the facility’s driveway. Government lawyers have indicated they plan to appeal the ruling.