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Federal Appeals Court Hears Case of Excessive Force by Law Enforcement at Standing Rock

by Brenda Norrell
A federal appeals court heard arguments in the class action lawsuit filed for excessive force at Backwater Bridge at Standing Rock, North Dakota, by water protectors who suffered critical injuries. The issues argued include whether the use of munitions, bean bags filled with shot, and water sprayed on water protectors in temperatures below freezing, were justified or legal. Rachel Lederman, lead counsel for water protectors, told the Eighth Circuit Appeals Court's three-member panel of judges, that the district court based its decision in favor of law enforcement on issues that are disputed.
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Standing Rock: Federal Appeals Court Hears Case of Law Enforcement Brutality at Backwater Bridge

By Brenda Norrell
Censored News

A federal appeals court heard arguments in the class action lawsuit filed for excessive force at Backwater Bridge at Standing Rock, North Dakota, by water protectors who suffered critical injuries on the night of November 20, 2016. The issues argued include whether the use of munitions, bean bags filled with shot, and water sprayed on water protectors in temperatures below freezing, were justified or legal.

Rachel Lederman, lead counsel for water protectors, told the Eighth Circuit Appeals Court's three-member panel of judges, that the district court based its decision in favor of law enforcement on issues that are disputed.

Lederman, an attorney with the Center for Protest Law and Litigation, said that a jury should decide whether it was objectionably reasonable for officers to bombard hundreds of individuals with high-pressure water hoses, impact munitions, explosives, and chemical agents for ten hours, causing serious injuries, for the people that were allegedly causing problems.

“The story defendants have put forth to justify their use of force is hotly disputed."

Lederman said the plaintiffs suffered serious injuries, including broken bones, and detached retina. Hundreds needed medical attention. There was no evidence that any of the plaintiffs threw anything or were threatening in any way -- but they were hit in parts of the body that constitute deadly force, such as the head, chest, and groin.

Water protectors brought this action against Morton County, North Dakota and their Sheriff's Department; Stutsman County, North Dakota and their Sheriff's Department; and the City of Mandan, North Dakota. They also included 100 unnamed individual law enforcement officers as defendants.

Read more about this case at Censored News
https://bsnorrell.blogspot.com/2023/09/federal-appeals-court-heard-arguments.html

Copyright Censored News. Censored News is a service to Indigenous Peoples upholding human rights, without ads, salaries or revenues. Now in its 18th year, it has more than 23 million page views.
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by Brenda Norrell
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Law enforcement blasted water protectors at Standing Rock with munitions, bean bags filled with shot, tear gas and chemical agents.
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by Brenda Norrell
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The testimony in federal appeals court revealed that the LRAD sound cannon and armored vehicle carried shotguns and live ammunition at Standing Rock, according to the defense attorney for law enforcement. The militarized police included sheriff's deputies, National Guardsmen, city police, rangers, and other law enforcement between the fall of 2016 and February of 2017. Overhead aerial surveillance was conducted by the US Border Patrol. Overhead aerial spraying of Oceti Sakowin camp was carried out by Fish and Wildlife, according to an internal law enforcement report. TigerSwan was employed by Dakota Access Pipeline, owned by Energy Transfer, and orchestrated the militarized police action. The North Dakota Securities Board ruled that TigerSwan operated without a license in North Dakota.
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