8th Circuit decides N.D. pipeline protest case Monday, March 14, 2022

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a case involving claims against law enforcement related to the Dakota Access pipeline protests.

The court explained that during the on-going protests against the construction of an oil pipeline across Tribal land in North Dakota, law enforcement engaged in progressively more force against the protesters. Plaintiff Mitchell positioned himself in front of women and elders in the crowd with his arms raised. Officers shot him with lead-filled bean bags from their shotguns, injuring him.

Plaintiff Mitchell appeals the district court dismissal of all claims against various officials.

The court held that, as for the claims for retaliatory use of force and retaliatory arrest in violation of the First Amendment, first the claims are not barred by Heck because Mitchell's pretrial diversion agreement is not a conviction or sentence but are otherwise properly dismissed because Mitchell did not plead facts that make an inference of retaliatory animus plausible.

The court held that the district court erred in dismissing the excessive force claims against the officers who shot him under the Fourth Amendment, as the complaint asserted use of more than de minimus force when Mitchell did not threaten anyone, flee, or resist arrest and the law was clearly established. The allegations showed a pattern by law enforcement using excessive force, with tacit approval by the policymaker, and the unconstitutional conduct caused Mitchell's injury and thus the district court erred in dismissing the claim for municipal liability under Monell. The district court also erred in dismissing the claims against Sergeant Kennelly for failing to intervene. Mitchell's equal protection claims were properly dismissed as he failed to allege facts non-Native Americans were treated more favorably than he was.

Case is remanded.

Read the court's opinion in Mitchell v. Kirchmeier: https://ecf.ca8.uscourts.gov/opndir/22/03/211071P.pdf