Civil Rights Cases

Free Speech

Marc Thielman, et al. v. Tina Kotek et al., 23-cv-1639 (D. Or.), filed November 7, 2023. The State of Oregon issued an RFP to hire a contractor to detect, trace, and target those deemed to be spreading misinformation, disinformation, and malinformation about Oregon’s elections. Plaintiffs seek damages and an injunction blocking Oregon’s blatant infringement of their free speech. [LINK to District Court filings]

Medical Freedom

Malcolm Johnson v. Kate Brown, 21-cv-1494 (D. Or.), filed Oct. 12, 2021, seeking a declaration that the State’s vaccine mandate is unconstitutional and violative of State and Federal law, an injunction, and damages. [LINK to District Court filings] The Court’s dismissal of the Complaint was appealed and the Opening Brief in the 9th Circuit Court of Appeals was filed December 14, 2022. Oral argument was on September 14, 2023. [LINK to 9th Circuit Court of Appeals filings]

Dr. Paul Thomas v. Harding et al, 22-cv-944 (D. Or.), filed June 30, 2022, seeking $35,000,000 in damages for the violation of Dr. Thomas’ rights by the Oregon Medical Board. Dr. Thomas has published scientific results showing that unvaccinated children are much healthier that children vaccinated according to the CDC recommended schedule. A few days after his results were published, the Oregon Medical Board issued an emergency suspension of Dr. Thomas’ license. The Oregon Medical Board’s behavior has been so egregious that it is the subject of an entire book: “The War on Informed Consent, The Persecution of Dr. Paul Thomas by the Oregon Medical Board,” by Jeremy R. Hammond. For more about Dr. Thomas see https://www.jeremyrhammond.com/2021/03/26/oregon-medical-board-suspends-dr-paul-thomas-for-practicing-informed-consent/; https://www.drpaulsfight.com. The Oregon Medical Board’s defense is they have absolutely immunity to suit—they cannot be sued. [LINK to filings] On July 6, 2023, the District of Oregon dismissed Dr. Thomas’ case. That same day Plaintiffs appealed to the Ninth Circuit Court of Appeals. Dr. Thomas’ Opening Brief was filed November 21, 2023. [LINK to 9th Circuit filings]

Dr. Henry Ealy III v. Robert Redfield, et al, 22-cv-356 (D. Or.), filed March 5, 2022. Dr. Ealy, Senator Linthicum, and Senator Thatcher filed a Petition, pro se, seeking an order from a federal judge to impanel a Special Grand Jury to investigate crimes committed by Defendants Robert Redfield (former CDC Director), Rochelle Walensky (CDC Director), Alex Azar (former Secretary HHS), Xavier Becerra (Director HHS), and Brian Moyer (Director National Center for Health Statistics). Additional information about the Petition can be found at Grand Jury Petition. The Petition was dismissed by the District Court. [Link to District Court filings] An appeal was filed on November 11, 2023, and the Opening Brief in the 9th Circuit was filed on February 16, 2023. Oral argument in the 9th Circuit is December 5, 2023. [LINK to 9th Circuit filings].

Standley v. North Clackamas SD 12, 3:22.cv-00275 (D. Or.), filed February 18, 2022, seeking an injunction and damages against Vicki Nelms (Athletic Director, Nelson High School), Greg Neuman (Vice Principal, Nelson High School), and the North Clackamas School District for violating the rights of a student athlete by coercing him to wear a face mask. [LINK to filings] The Court’s dismissal of the Complaint was appealed and the Opening Brief in the 9th Circuit Court of Appeals was filed January 18, 2023. Oral argument in the 9th Circuit was September 14, 2023. [LINK to 9th Circuit Filings]

Tiberiu Kiss v. Best Buy, 22-cv-00281 (D. Or.), filed February 22, 2022, seeking damages and an injunction against Best Buy for violating Mr. Kiss’ rights under the ADA, treating him like a criminal when he has a disability and is unable to wear a mask, as well as violating his constitutional and other legal rights. [LINK to filings] The Court’s dismissal of the Complaint was appealed on January 4, 2023. Oral argument in the 9th Circuit scheduled on December 5, 2023. On December 13, the 9th Circuit issued an opinion rejecting Kiss’ appeal. Kiss’ motions for rehearing were denied on January 22, 2024. [LINK to 9th Circuit Filings]

Election Integrity

Marc Thielman v. Shemia Fagan, 22-cv-1516 (D. Or.), filed on October 8, 2022. Justice Clarence Thomas wrote, “Elections enable self-governance only when they include processes that give citizens (including the losing candidates and their supporters) confidence in the fairness of the election.” The class action lawsuit seeks a declaration that mail-in voting and computer tabulation of the votes are unconstitutional because they lack processes that give citizens confidence in the fairness of elections. [LINK to District Court filings] On June 29, 2023, the District of Oregon dismissed Plaintiffs’ complaint. That same day Plaintiffs appealed to the Ninth Circuit Court of Appeals. Oral argument is scheduled for December 6, 2023. Oral argument was canceled by the 9th Circuit and on December 12, 2023, the Court issued an opinion rejecting the appeal. [LINK to 9th Circuit filings] Plaintiffs filed their petition for writ of certiorari in the United States Supreme Court on March 11, 2024. [LINK to Supreme Court filings]

Washington County v. Tim Sippel, 22cv07782 (Or. Cir. Wash. Cty.). Through a public records request, Tim Sippel sought the ballot database for a public test of the Washington County election system. The County denied the request. The Washington County District Attorney then ordered the County to produce the database. Washington County filed this lawsuit in the Washington County Circuit Court seeking a declaration that it does not have to produce the database. The Oregon Secretary of State intervened in the case on the side of Washington County. Trial was held in September 2022 with the Court ruling against Tim Sippel. [LINK to trial court filings] Tim Sippel has appealed to the Oregon Court of Appeals; his opening brief was filed on October 16, 2023. [LINK to appellate filings].

Second Amendment

Oregon Firearms Federation v. Kate Brown, 22cv1815 (D. Or.), filed November 18, 2022, is the first-filed case among four federal cases and one state court case challenging the constitutionality of Measure 114. The restriction on magazine size and the permit-to-purchase regime of Measure 114 are blatant violations of the Second Amendment rights of Oregonians. [LINK to M114 Federal Cases] [LINK to M114 State Case] The District Court entered judgment in favor of Oregon on all claims. All four federal cases have been appealed to the 9th Circuit.