Miles, et al. v. County of Clackamas, et al.
| SARAH MILES, in her individual capacity and ESTATE OF DERRICK DEWAYNE CLARK JR., Sarah Miles as Personal Representative of the Estate of Derrick Dewayne Clark Jr.; and on behalf of the minor child R.L.C.; minor sibling D.M.M. |
| COUNTY OF CLACKAMAS, a municipal corporation, DANIEL FERGUSON, ALEXANDER MAWSON, SHAWN CHOE, AARON CLARK, KYLE SCOTT, JORDAN FERGUSON, Deputy SIERRA HANCOCK, Officers DOES, 1-X, DAVID HEIMBUCK, NATHAN HULSEY, ANDY KIESEL, KYLE MALIZIA, DONALD MCCAFFERTY, BETH MAYER, JERED REYNOLDS, RYAN ROGERS, PETER ROBINSON, HAYDEN SANDERS, SAMUEL TOOZE, ADAM TAYLOR, MICHAEL ZACHER, GRANT ZAITZ, NICHOLAS ADLER, JASON BENTO, MATTHEW BROWN, RYAN CASTRO, OREGON CITY POLICE DEPARTMENT, HECTOR CAMPOS and ZACHARY COLE, Oregon State Police |
| 26-2694 |
| April 29, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 16 Attorney Sara Del Rubin as Counsel for Appellant substituted for Attorney . [26-2885, 26-2694, 26-3799] [Entered: 06/25/2026 03:18 PM] |
| Filing 15 NOTICE OF APPEARANCE by Sara Del Rubin for Appellant Zachary Cole replacing Robert A. Koch. [26-2885, 26-2694, 26-3799] [Entered: 06/25/2026 02:52 PM] |
Filing 14
ORDER FILED. These appeals are consolidated. The opening briefs are due July 22, 2026. The consolidated answering brief is due August 21, 2026. The optional reply briefs are due 21 days after the consolidated answering brief is served. [26-3799, 26-2694, 26-2885] [Entered: 06/15/2026 10:59 AM]
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| Filing 13 ADDED Counsel for Appellee Amanda Reilly [26-2694, 26-2885] [Entered: 06/10/2026 10:12 AM] |
| Filing 12 NOTICE OF APPEARANCE by Amanda Reilly for Appellee Alexander Mawson. [26-2694, 26-2885] [Entered: 06/10/2026 09:55 AM] |
| Filing 11 ADDED Counsel for Appellant Stacy Marie Chaffin [26-2694, 26-2885] [Entered: 06/04/2026 02:31 PM] |
| Filing 10 NOTICE OF APPEARANCE by Stacy Marie Chaffin for Appellant Zachary Cole. [26-2885, 26-2694] [Entered: 06/04/2026 02:16 PM] |
| Filing 9 ADDED Counsel for Appellee Kenneth Scott Montoya [26-2694, 26-2885] [Entered: 06/04/2026 01:53 PM] |
| Filing 8 NOTICE OF APPEARANCE by Kenneth Scott Montoya for Not Applicable Alexander Mawson. [26-2694, 26-2885] [Entered: 06/04/2026 12:11 PM] |
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Filing 7
ORDER FILED. These appeals are consolidated. A dial-in telephone conference with counsel for appellees only, will be held on June 2, 2026, at 2:30 PM Pacific Time. Each participant will receive an email with dial-in information. [26-2694, 26-2885] [Entered: 05/27/2026 02:51 PM]
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| Filing 6 ADDED Counsel for Appellant Paul Wade Matthias-Bennetch [Entered: 05/07/2026 09:17 AM] |
| Filing 5 NOTICE OF APPEARANCE by Paul Wade Matthias-Bennetch for Appellant Aaron Clark, Appellant Adam Taylor, Appellant Andy Kiesel, Appellant Beth Mayer, Appellant County of Clackamas, Appellant Daniel Ferguson, Appellant David Heimbuck, Appellant Donald McCafferty, Appellant Grant Zaitz, Appellant Hayden Sanders, Appellant Jason Bento, Appellant Jered Reynolds, Appellant Jordan Ferguson, Appellant Kyle Malizia, Appellant Matthew Brown, Appellant Michael Zacher, Appellant Nathan Hulsey, Appellant Nicholas Adler, Appellant Peter Robinson, Appellant Ryan Castro, Appellant Ryan Rogers, Appellant Samuel Tooze, Appellant Shawn Choe, Appellant Sierra Hancock. [Entered: 05/07/2026 09:04 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 5/26/2026, 10:00 a.m. PACIFIC Time. See order for instructions and details. [26-2694, 26-2885] [Entered: 05/06/2026 04:09 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant County of Clackamas, Appellant Daniel Ferguson, Appellant Shawn Choe, Appellant Aaron Clark, Appellant Jordan Ferguson, Appellant Sierra Hancock, Appellant David Heimbuck, Appellant Nathan Hulsey, Appellant Andy Kiesel, Appellant Kyle Malizia, Appellant Donald McCafferty, Appellant Beth Mayer, Appellant Jered Reynolds, Appellant Ryan Rogers, Appellant Peter Robinson, Appellant Hayden Sanders, Appellant Samuel Tooze, Appellant Adam Taylor, Appellant Michael Zacher, Appellant Grant Zaitz, Appellant Nicholas Adler, Appellant Jason Bento, Appellant Matthew Brown, Appellant Ryan Castro. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 05/04/2026 05:00 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Transcript Due (Appellant) 6/5/2026, Mediation Questionnaire due (Appellant) 5/4/2026, Appeal Transcript Order Due (Appellant) 5/6/2026, Appeal Opening Brief Due (Appellant) 7/15/2026, Appeal Answering Brief Due (Appellee) 8/14/2026. For appeal no. 26-2694, 3:23-cv-01805-SB. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 04/29/2026 05:05 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cv-01805-SB has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 26-2694 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/29/2026 05:03 PM] |
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