Craig Ward, C.W. Jensen, and Portland Police Association, Plaintiffs v. City of Portland and Robert Aichele

Two police officers and the Portland Police Association (“Association”) brought this action for declaratory and injunctive relief under 42 U.S.C. § 1983 against their employer, the City of Portland, Oregon, and Police Captain Aichele. Plaintiffs challenge the constitutionality of a City policy that requires officers who are involved in fatal shootings to write incident reports before consulting with counsel provided by the Association. The district court granted the defendants’ motion to dismiss, finding that the case failed to present a justiciable controversy. We reverse and remand the case to the district court.

I.

On January 19, 1985 Portland police officers Ward and Jensen were involved in a fatal shooting in the course of their duties. They notified William Aitchison, an attorney who was on retainer to the Association, an organization representing all Portland police officers.

The two officers were able to confer with Attorney Aitchison at the precinct for only a short while before Police Captain Aichele arrived. Captain Aichele removed Mr. Ait-chison from the room over the officers’ protest in order that the two officers could be questioned about the shooting incident…