Fed judge tosses Joey Gibson’s lawsuit against MultCo DA

Civic Affairs

Patriot Prayer leader fighting a felony riot charge

may day fight joey gibson 05012019_1556815005469.jpg.jpg

Joey Gibson, middle with sunglasses, at a brawl outside Cider Riot in Northeast Portland, May 1, 2019 (KOIN)

PORTLAND, Ore. (KOIN) — A federal judge tossed out Patriot Prayer leader Joey Gibson’s lawsuit against the Multnomah County District Attorneys Office over what he claimed was selective prosecution.

Gibson and supporter Russell Schultz, who both face riot charges in Multnomah County, filed the federal lawsuit in September 2020 against DA Mike Schmidt and Deputy DA Brad Kalbaugh, alleging selective prosecution based on political beliefs by refusing to dismiss a sole felony riot charge against both Gibson and Schultz.

They made that claim after Schmidt announced an office policy against pursuing that charge against people involved in recent Portland protests without an accompanying allegation of specific property damage or use of force.

This booking photo provided by the Multnomah County Sheriff’s Office shows Patriot Prayer leader Joey Gibson on Friday, Aug. 16, 2019. (Multnomah County Sheriff’s Office via AP)

In a 25-page opinion, US District Judge Karin J. Immergut listed all the factors considered in her decision, using Gibson’s own words to undercut his claim of exceptional economic and reputational harm.

“Based on the Court’s Opinion and Order, IT IS ADJUDGED that this case is DISMISSED without prejudice and Plaintiffs’ Motion for Temporary Restraining Order and Preliminary Injunction, ECF 5, is DENIED as moot,” Immergut ruled separately.

Because the case is dismissed without prejudice, Gibson is allowed to refile, alter the claim or try it in another court.

“We have no comment on this matter as this case is still pending criminal prosecution in Multnomah County Circuit Court,” a spokesperson for the Multnomah County DA’s Office told KOIN 6 News.

The riot charge stems from a brawl outside the Cider Riot bar in Northeast Portland in May 2019. On August 27, Gibson pleaded not guilty to a felony riot charge. He was booked at the Multnomah County Detention Center on $5,000 bail, posted bail a few hours later and was released.

He’s been fighting the charge in various lawsuits and courts ever since.

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