Federal Appeal Filed by Water Protectors in Standing Rock Constitutional Rights Litigation
Water Protectors have filed an appeal to the U.S. Court of Appeals for the 8th Circuit in Dundon v. Kirchmeier, a federal civil rights case. This case seeks to vindicate the constitutional rights of water protectors who were subject to an onslaught of maiming force during a violent police assault that lasted hours against opponents of the Dakota Access Pipeline at Standing Rock. The lower court found that the police acted lawfully in unleashing a massive barrage of projectiles, explosive grenades, impact munitions, chemical weapons, and freezing water on unarmed, nonviolent persons.
The appeal requests a reversal of the District Court’s decision and challenges the court’s reliance on qualified immunity as well as the court’s failure to properly consider the vast amount of record evidence by instead usurping the role of the jury to make factual determinations in law enforcement’s favor.
The Dundon legal team consists of Water Protectors Legal Collective Cooperating Attorneys Rachel Lederman, Mara Verheyden-Hilliard (Center for Protest Law & Litigation/Partnership for Civil Justice Fund), Janine Hoft (People’s Law Office), Melinda Power (West Town Law Office), and Natali Segovia, WPLC Legal Director.
Read the full appeal here.
The National Congress of American Indians (NCAI), the oldest and largest national organization comprised of Tribal Nations, filed an amicus brief in support of the plaintiff’s appeal. In its brief, NCAI said, “If the excessive force used to silence Plaintiffs-Appellants’ protected speech stands, the ability of all NCAI member Tribal Nations to peacefully exercise their First Amendment rights—without risking injury from life threatening, excessive police force—will be greatly undermined.”
“If allowed to stand with no consequence, the level of violence used by Morton County, Stutsman County, and City of Mandan law enforcement against peaceful protesters will threaten the First Amendment rights of, not only Native Americans, but all Americans. The District Court’s Order sets a precedent of granting impunity to governments and law enforcement officials who deliberately trample on the civil liberties of Americans when those civil liberties are exercised in support of locally, or historically, unpopular views or beliefs. That is not what the United States Constitution stands for.”
Read the NCAI amicus brief here.
The National Police Accountability Project (NPAP) also filed an amicus brief in support of the appeal, detailing how the lower court’s erred in finding that appellants who were struck by munitions and water cannons fired by law enforcement officers were not seized within the meaning of the Fourth Amendment. NPAP’s members represent protesters injured during the summer 2020 George Floyd protests who were also targeted with noxious gases, rubber bullets, 40mm rounds, bean bags fired out of a shotgun, and other munitions. Currently, NPAP members have filed civil rights cases on behalf protesters injured while protesting police brutality in more than 20 cities.
Read the NPAP amicus brief here.
Feature photo by Joe Brusky.