Court of Appeals sends back part of Dakota Access Pipeline protester’s excessive force lawsuit

BISMARCK, ND (AP) — An appeals court has thrown back part of a lawsuit filed by a Dakota Access oil pipeline protester who alleged excessive force by law enforcement officers.

Eric Poemoceah, of Oklahoma, filed a federal lawsuit in 2020 against Morton County Sheriff Kyle Kirchmeier, then-Cass County Sheriff Paul Laney and other officers, including those who have not been identified. He sought unspecified damages to be determined at trial.

Poemoceah alleged that during a demonstration in February 2017, as a protest encampment was being evacuated, Bismarck Police Officer Benjamin Swenson tackled him, causing him to fracture his pelvis. He also claimed other injuries from other officers and that the officers ignored the pelvic injury and retaliated against him for broadcasting the events live.

The defendants requested that the case be dismissed. U.S. District Judge Daniel Traynor granted their motions to dismiss the case in December 2020. He said the officers are entitled to qualified immunity regarding the use of force and that Poemoceah did not sufficiently support his claims.

Poemoceah appealed in 2021. On Wednesday, a three-judge panel of the 8th U.S. Circuit Court of Appeals upheld the judge’s dismissal of most of Poemoceah’s claims. But the panel said it “plausibly asserts an excessive-force Fourth Amendment claim against Swenson” and sent that claim back for further proceedings.

The Associated Press emailed lawyers for both sides but did not immediately receive a response seeking comment.

The Standing Rock Sioux Tribe’s opposition to the pipeline’s crossing of the Missouri River drew thousands of people who demonstrated and camped for months in 2016 and 2017 near the crossing. Hundreds of arrests resulted from the sometimes chaotic protests.

The multistate pipeline has been carrying oil since 2017, including during an ongoing court-ordered environmental review process for the controversial segment of the river.

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