Pleadings

Last Updated: 11.7.26

Legal Filings and Public Records

This page provides public access to official court filings and public records in the federal lawsuit filed by Commissioner Miller in United States District Court – District of Oregon. These materials are shared to help the public better understand the legal and governance issues raised in the case. VIDEO – watch the 9.18.24 meeting.

Where Things Stand

June 18, 2026: A federal judge granted a preliminary injunction and ordered Commissioner Miller restored to the regular rights of his office.
October 23, 2026: The Court signed a Stipulated Order for Permanent Injunction, agreed to by both sides, returning Commissioner Miller to the regular rights and prerogatives of his office for the length of his term.
Same day: The Court dismissed the case, with leave to reinstate within 60 days if the settlement is not completed.

Start Here

The judge’s Opinion and Order (6.18.26) – why the Court granted the injunction.
The signed permanent injunction (10.23.26) – the final order.
The Complaint (3.13.26) – what started the case.

Want the full story? Read The Settlement, my plain-language account of the 2024 events behind this lawsuit.

The parties are plaintiff Commissioner Casey Miller and defendants County Counsel Kristin Yuille, HR Director David Collier, Commissioner Walter Chuck, Kelly Meininger, and Lincoln County.

Why This Matters to Lincoln County Residents

This is not a personal dispute — it is a dispute about the functioning of representative government. When an elected official’s ability to participate in governance is restricted, the public loses representation too.

After publicly raising concerns regarding government process and transparency (9.18.24), actions were taken that, according to the lawsuit, restricted Miller’s ability to fully carry out the duties of an elected commissioner. The lawsuit asked whether those restrictions violated constitutional and whistleblower protections and interfered with the public’s right to representation. It was filed after repeated efforts to resolve governance and access concerns internally were unsuccessful. The Court granted a preliminary injunction in June, and in October both sides agreed to a permanent order restoring Commissioner Miller’s office rights.

Document List (Chronological Order)

The allegations in these pleadings were not decided at trial, and the defendants dispute many of the claims asserted in the lawsuit.

1. 3.13.26: Complaint – The initial filing that outlines the legal claims, including alleged civil rights violations under 42 U.S.C. § 1983 and whistleblower protection violations under ORS 659A.199 and ORS 659A.203. Superseded by the First Amended Complaint listed below. (ECF 01).

2. 3.31.26: Plaintiff’s Motion for a Preliminary Injunction – A request for the court to take immediate action to restore Commissioner Miller’s access to county facilities, his ability to meet with department heads, and his ability to place items on the Board of Commissioners’ agenda. (ECF 11).

3. 4.14.26: Defendants’ Response to Motion for Preliminary Injunction – The formal legal response from Lincoln County and the named defendants opposing the requested injunction. (ECF 12).
a. Declaration of Kristin Yuille – A supporting statement by County Counsel Kristin Yuille.
b. Declaration of David Collier – A supporting statement and exhibit by HR Director David Collier.

4. 4.28.26: Plaintiff’s Reply re: Motion for Preliminary Injunction – The plaintiff’s legal response to the arguments raised by the defendants in their opposition filing. (ECF 15).
   a. Declaration of Casey Miller – A formal statement by Commissioner Miller filed in support of the reply, detailing his perspective on the ongoing dispute and efforts toward resolution.
   b. Exhibit 1: Commissioner Miller’s Report (9.18.24) – Documentation of a report submitted to the Board on 9.18.24 regarding systemic management, public records, and meeting laws.
   c. Exhibit 2: Summary Document – 2024-2026 (2.9.26) – Commissioner Miller’s comprehensive log and summary of agenda and meeting requests facilitated or not facilitated by the county during this period.

5. 5.22.26: Defendants’ Special Motion to Strike and Motion to Dismiss – The defendants move to strike and dismiss Commissioner Miller’s whistleblower retaliation claim, arguing that the claim is barred by Oregon’s anti-SLAPP statute and the applicable statute of limitations. (ECF 21).
a. Declaration of David Collier – A supporting statement by HR Director David Collier.
b. Declaration of Kristin Yuille – A supporting statement by County Counsel Kristin Yuille.

6. 5.26.26: First Amended Complaint: The first amendment to the initial filing that outlines the legal claims, including alleged civil rights violations under 42 U.S.C. § 1983 and whistleblower protection violations under ORS 659A.199, ORS 659A.203, and ORS 659A.030(1)(h). (ECF 24).

7. 6.4.26: Defendants’ Sur Reply re: Plaintiff’s Motion for Preliminary Injunction: The defendants’ legal response to the arguments raised in Plaintiff’s Reply re: Motion for Preliminary Injunction. (ECF 25).
a. Declaration of David Collier – A supporting statement by HR Director David Collier.
b. Declaration of Kristin Yuille – A supporting statement by County Counsel Kristin Yuille.

8. 6.9.26: Defendants’ Special Motion to Strike and Motion to Dismiss Plaintiff’s First Amended Complaint – The defendants move to strike and dismiss Commissioner Miller’s First Amended Complaint alleging whistleblower retaliation, arguing that the claim is barred by Oregon’s anti-SLAPP statute and the applicable statute of limitations. (ECF 28).

9. 6.11.26: Scheduling Order (Dkt 29) – The Court gave notice of the telephone oral argument on the Motion for a Preliminary Injunction, set for 6.16.26 at 1:00 PM.

10. 6.16.26: Minutes of Proceedings (Dkt 30) – Oral argument was held by telephone before Judge Ann L. Aiken on the Motion for a Preliminary Injunction. The Court granted the motion and ordered that Commissioner Miller be restored to the rights and prerogatives of his office no later than 6.19.26, with a written opinion to follow.

11. 6.18.26: Opinion and Order re: Plaintiff’s Motion for Preliminary Injunction – The Court granted Commissioner Miller’s Motion for Preliminary Injunction, finding he is likely to succeed on his First Amendment retaliation claim and ordering the County to immediately restore him to the regular rights and prerogatives of his elected office, including access to his office, county facilities, and meetings or communications customarily available to Lincoln County Commissioners. (ECF 31).

12. 6.22.26: Plaintiff’s Response to Defendants’ Special Motion to Strike and Motion to Dismiss Plaintiff’s First Amended Complaint – The plaintiff’s legal response opposing the defendants’ effort to strike and dismiss the First Amended Complaint, arguing that the anti-SLAPP motion does not apply, that the retaliation claims are based on adverse actions rather than protected speech, and that the whistleblower retaliation claim should proceed. (ECF 32).
a. Declaration of Counsel – A supporting declaration from plaintiff’s counsel, Beth Creighton, filed with the response. (ECF 32-1).

13. 7.6.26: Defendants’ Reply in Support of Special Motion to Strike and Motion to Dismiss Plaintiff’s First Amended Complaint – The defendants argue that Commissioner Miller’s whistleblower retaliation claim should be stricken or dismissed because it is based on protected activity, is time-barred, and does not apply to him as an elected official. (ECF 34).
a. Declaration of Jared M. Ahern – A supporting declaration from defense counsel, with exhibits, filed with the defendants’ reply. (ECF 35).

14. 7.14.26: Scheduling Order (Dkt 37) – The Court set a telephone status conference for 7.23.26 at 10:00 AM before Judge Ann L. Aiken.

15. 7.23.26: Transcript of Proceedings of a telephonic Status Conference held before Judge Ann L. Aiken on 7.23.26. The Court referred this case to Magistrate Judge Amy E. Potter for a settlement conference. The Court also entered Minutes of Proceedings for this status conference (Dkt 38).

16. 7.29.26: Settlement Conference Scheduling Order – The Court set a settlement conference for 8.3.26 at 9:00 AM before Magistrate Judge Amy E. Potter.

17. 8.3.26: Minutes of Proceedings (Dkt 40) – The parties attended a settlement conference before Magistrate Judge Amy E. Potter.

18. 9.30.26: Scheduling Order (Dkt 42) – The Court vacated the status conference that had been set for 10.7.26 at 9:30 AM. Ordered by Magistrate Judge Amy E. Potter.

19. 10.7.26: Stipulated Order for Permanent Injunction (proposed) – The parties jointly submitted a proposed order restoring Commissioner Miller to the regular rights and prerogatives of his office.

20. 10.23.26: Stipulated Order for Permanent Injunction (signed) – Judge Ann L. Aiken signed the order, which returns Commissioner Miller to the enjoyment of the regular rights and prerogatives of his office, including access to a physical office and to county buildings and meetings, identical to those of any other Lincoln County Commissioner for the length of his term. The Court retains jurisdiction to enforce the order.

21. 10.23.26: 60-Day Order of Dismissal (Dkt 45) – The Court was informed the case has settled and dismissed it, with leave to ask the Court within 60 days to set aside the dismissal and reinstate the case if the settlement is not completed. Pending motions were denied as moot.

Case Status

Milestone	Date
Complaint filed	3.13.26
Preliminary injunction granted (oral argument 6.16.26, written opinion 6.18.26)	6.18.26
Settlement conference before Magistrate Judge Potter	8.3.26
Stipulated permanent injunction signed and case dismissed	10.23.26
Window to reinstate the case if the settlement is not completed	60 days from 10.23.26

Legal Counsel Contact

Questions regarding the legal filings or court proceedings may be directed to counsel for Plaintiff:

Beth Creighton
Creighton & Rose, PC
735 SW First Avenue, Suite 300
Portland, Oregon 97204
(503) 221-1792
beth@civilrightspdx.com