Remaining claims in excessive-force lawsuit by oil pipeline protester dismissed by judge

In a recent development, a federal judge in North Dakota has dismissed the remaining parts of a lawsuit filed by an Arizona man who claimed that excessive force was used against him while protesting the Dakota Access oil pipeline. Marcus Mitchell had sued law enforcement officers, the city of Bismarck, and Morton County in 2019, alleging that he was deliberately targeted during a clash in January 2017, resulting in an injury to his left eye from a bean bag round. Mitchell’s lawsuit asserted violations of his constitutional rights due to the alleged use of excessive force.

Initially, U.S. District Judge Daniel Traynor dismissed Mitchell’s complaint in 2020. However, in 2022, a three-judge panel of the 8th U.S. Circuit Court of Appeals overturned part of the judge’s decision, sending some of Mitchell’s claims back to a lower court for reevaluation. Despite the defense denying Mitchell’s accusations earlier this year and requesting the case to be thrown out, Traynor granted the defense’s motions for summary judgment and ultimately dismissed the case on Tuesday. The judge concluded that Mitchell failed to demonstrate that the officers he accused had the intention to harm him and determined that the force used was not excessive, but instead, reasonable.

Both sides were contacted for comment but did not immediately respond to requests. The Dakota Access pipeline construction in 2016 and 2017 sparked significant protests near the Missouri River crossing, located upstream from the Standing Rock Sioux Tribe’s reservation, attracting thousands of demonstrators. The tribe has consistently opposed the pipeline, citing concerns about water safety. Numerous arrests were made during the extensive protests, but the pipeline has been operational since 2017, operating amid an ongoing court-mandated environmental assessment for the river crossing.