🚨 BREAKING: Conservative Activists Can Sue Over False Affidavits 🚨
— The Black Conservative Preacher (@thebcpreacher) January 30, 2026
The legal tide is turning in Portland. The U.S. Court of Appeals for the Ninth Circuit has just handed a major victory to conservative activists Joey Gibson and Russell Schultz, ruling they have standing to sue… pic.twitter.com/HM5MlNP86s
The legal tide is turning in Portland. The U.S. Court of Appeals for the Ninth Circuit has just handed a major victory to conservative activists Joey Gibson and Russell Schultz, ruling they have standing to sue for civil rights violations following their "meritless" 2019 prosecution. After years of being targeted by the radical left and the Multnomah County District Attorney’s office, the path is now open for a high-stakes reckoning over alleged government misconduct.
In a landmark decision issued on January 29, 2026, the Ninth Circuit reversed a lower court's dismissal, allowing Gibson and Schultz to proceed with claims that Deputy District Attorney Brad Kalbaugh filed false sworn affidavits to secure their arrest warrants.
The court confirmed that when a prosecutor personally swears to facts in an affidavit to obtain a warrant, they are acting as a "complaining witness" and cannot hide behind absolute prosecutorial immunity if those facts are knowingly false.
The ruling also allows the pair to replead state law claims against Multnomah County itself, keeping the pressure on the local government for its role in the 2019 "Cider Riot" case.
A History of "Political Discrimination" 🏙️📉
Gibson and Schultz were originally charged with felony riot, but a Portland judge acquitted them halfway through their 2022 trial, stating he was "bewildered" that the case was ever brought to trial given the lack of evidence.
The activists have long alleged that Multnomah County officials, including DA Mike Schmidt, prioritized their prosecution for "political engagement" while simultaneously dropping charges for hundreds of left-wing rioters.
Represented by attorney Angus Lee, Gibson and Schultz are seeking massive damages for what they describe as a conspiracy to silence disfavored political beliefs and "malign" their reputations.
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