Story perspectives

9th Circuit Allows Tear-Gas Use Outside Portland ICE Facility

4/29/2026

Summary

Story summary

The Ninth Circuit ruled officers may use crowd-control weapons outside the ICE facility in Portland, Oregon.
The panel held the Constitution does not guarantee a right to be free from tear-gas exposure.
Judge Eric Tung dismissed the Gray’s Landing tenants’ lawsuit.
Judge Kenneth Lee said the decision overturns injunctions limiting weapon use to imminent physical-harm threats because the plaintiffs failed to show retaliation or an unwritten targeting policy.

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Story summary

The Ninth Circuit ruled officers may use crowd-control weapons outside the ICE facility in Portland, Oregon.
The panel held the Constitution does not guarantee a right to be free from tear-gas exposure.
Judge Eric Tung dismissed the Gray’s Landing tenants’ lawsuit.
Judge Kenneth Lee said the decision overturns injunctions limiting weapon use to imminent physical-harm threats because the plaintiffs failed to show retaliation or an unwritten targeting policy.