Overview
- The Ninth Circuit, in a 2-1 ruling Monday, stayed Judge Amy Baggio’s order that had curbed tear gas near the Gray’s Landing apartments next to Portland’s ICE site.
- Judge Eric Tung wrote that the Constitution recognizes no right to be free from exposure to tear-gas chemicals used for crowd control.
- The panel said the injunction was overbroad and that forcing a redesign of ICE uniforms with new markings exceeded the district court’s authority.
- Citing videos and records, the majority described protests with vandalism, thrown objects, and blocked driveways that officers answered with tear gas and pepper balls.
- The court halted further proceedings on the residents’ substantive due process claims, while plaintiffs say they will bring more evidence as the appeal moves ahead.