Decide dismisses DAPL lawsuit that claimed extreme power, civil rights violations | Bismarck

By On Dec 15, 2020

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The lawsuit named Morton County Sheriff Kyle Kirchmeier, Deputy Morton County Sheriff George Piehl, Morton County, Bismarck City, Bismarck Police Officer Tyler Welk, North Dakota Highway Patrol Sgt. Benjamin Kennelly, and two others listed as John Does 1 and 2.

The officials had to make split-second decisions during the protests that included “illegal – and sometimes violent – activities by demonstrators,” Kirchmeier said in a statement to the tribune on Monday. The officers were expected to use “only the level of force that is appropriate in the circumstances,” the sheriff said.

“The court has recognized that law enforcement officers may use less lethal ammunition to control crowds if they are illegally in areas they have ordered to leave,” said Kirchmeier.

At least two other complaints of excessive violence by judicial officers during the DAPL protests continue.

Nine protesters, who were sued in November 2016, allege violations of their civil rights over tactics used by officials, including the use of tear gas and water sprays.

Oklahoma’s Eric Poemoceah sued last April, claiming he was physically assaulted by officials in February 2017 and sustained numerous injuries, including a broken hip.

Both lawsuits are aimed at unspecified monetary damage.