The first of many, we hope! Because the Governor is outgoing and because there aren't enough Democrats in the North Dakota Legislature to get an impeachment, and because we scrutinize the Sheriffs and others who have militarized the response at Standing Rock, the massive series of lawsuits, both private and by class action are the only remedy for Justice ever geting done for the victims in North Dakota.

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Water Protector Legal Collective Files Suit for Excessive Force against Peaceful Protesters

Posted on November 28, 2016 by Tasha Moro

FOR IMMEDIATE RELEASE
November 28, 2016

Contact:
Tasha Moro, NLG Communications Director: communications|AT|nlg.orgEmail address | 212-679-5100, ext. 15

CANNON BALL, ND --Today, the Water Protector Legal Collective (WPLC-formerly Red Owl), an initiative of the National Lawyers Guild (NLG), filed suit in US District Court against Morton County, Morton County Sheriff Kyle Kirschmeier, and other law enforcement agencies for using excessive force against peaceful Water Protectors on the night of November 20, 2016.

The class action suit, filed on behalf of persons who were injured on the night of November 20 and early morning of November 21, seeks an immediate injunction preventing the Morton County Sheriff's Department and other law enforcement from using impact munitions such as rubber bullets and lead-filled "beanbags," water cannons and hoses, explosive teargas grenades and other chemical agents against protesters.

Beginning on the evening of November 20, officers from the Morton County Sheriff's Department and assisting agencies confronted peaceful Water Protectors at a bridge near the Standing Rock protest camp and within the boundaries of Oceti Sakowin (Seven Council Fires, or Great Sioux Nation) treaty lands. Without giving any warnings or opportunity to disperse, officers fired on them with highly dangerous munitions, chemical agents, a water cannon and hoses in freezing weather. More than 200 Water Protectors were injured.

"The Morton County Sheriff's office not only violates the constitutional rights of peaceful protesters, but their actions highlight the long history of abuse against Indigenous peoples," said Brandy Toelupe, WPLC lawyer. "From the beginning, governments have used their latest technologies to take land and resources from Native nations and oppress Indigenous peoples. Sheriff Kirchmeier's actions make it clear that nothing has changed," she added.

The complaint describes the excessive force with which the nine class representatives were met while peacefully protesting. Five are Native, including two members of the Lakota Nation. Vanessa Dundon of the Navajo Nation was hit in the eye with a tear gas canister that was shot by police directly at the crowd of Water Protectors. Jade Kalikolehuaokakalani Wool had two grenades blow up near her head, knocking her down, burning her face and sending shrapnel into it, and causing her to be hospitalized. Crystal Wilson was shot with a water cannon, tear gassed and shot with a munition. David Demo was filming police when, without warning, they shot him with a water cannon and then in the hand with a munition. He was hospitalized with broken bones and was told he would need reconstructive surgery.

Gary Dullknife III saw a Water Protector knocked to the ground by a water cannon. As police sprayed her on the ground, he tried to move her away. He was shot in the chest, stomach and leg by impact munitions. Mariah Marie Bruce was peacefully protesting when police sprayed her with water cannons. She was then hit in the genitals with a grenade, and was hospitalized. Frank Finan was taking pictures when he was shot in the abdomen and knocked to the ground by a rubber bullet. Israel Hoagland--Lynn tried to help two people who had been shot with water cannons and rubber bullets and was shot in the back of his head by an impact munition. He lost consciousness, was hospitalized, and needed 17 staples for a head wound. Noah Michael Treanor, while praying, was shot by the water hoses or cannon. Once on the ground, he was shot in the head by an impact munition. Bleeding badly, he was hospitalized.

"The civil rights violations that night were deliberate and punitive," said Rachel Lederman, WPLC lawyer. "The Morton County Sheriff's Department's illegal use of force against the Water Protectors has been escalating. It is only a matter of luck that no one has been killed. This must stop."

Those concerned are urged to call local and federal agencies below to demand (1) immediate end to construction of the $3.8 billion Dakota Access Pipeline, (2) the immediate cessation and a full investigation into law enforcement abuses, (3) dropping felony charges against water protectors from the October 27 police raid, and (4) permitting the Water Protectors to stay at their current encampment until the DAPL's application to drill under Lake Oahe and the Missouri River is permanently denied.

" White House: 202-456-1414 or sign the Standing Rock Sioux Tribe's White House petition standwithstandingrock.net/take-action
" White House Situation Room, 202-456-9431
" North Dakota Governor's Office: 701-328-2200
" Morton County Sheriff's Office: 701-667-3330
" Morton County State's Attorney's Office: 701-667-3330
" Army Corps of Engineers-Bismarck 701-255-0015

The Water Protector Legal Collective is the National Lawyers Guild legal support team for those engaged in resistance to the Dakota Access Pipeline. It maintains a 24/7 presence on-site at the Oceti Sakowin camp near Cannon Ball, North Dakota.

Related Documents:

" Temporary Restraining Order Motion
" Temporary Restraining Order Memo
" Class Action Complaint

Donations to legal support efforts may be made to:

" Water Protector Legal Collective: fundrazr.com/campaigns/11B5z8 or nlg.org/donate/waterprotectorlegal for tax-deductible contributions.
" Sacred Stone Legal Defense Fund: fundrazr.com/campaigns/d19fAf

For updates, visit waterprotectorlegal.org, and follow the WPLC at Facebook.com/WaterProtectorLegal and Twitter @WaterProtectUs.

Above: Law enforcement uses water canon, teargas, and other munitions against peaceful Water Protectors, November 20, 2016. (Photo: Shanna Merola)

Authors Website: https://www.facebook.com/groups/592985284186083/

Authors Bio:

Early in the 2016 Primary campaign, I started a Facebook group: Bernie Sanders: Advice and Strategies to Help Him Win! As the primary season advanced, we shifted the focus to advancing Bernie's legislation in the Senate, particularly the most critical one, to protect Oak Flat, sacred to the San Carlos Apaches, in the Tonto National Forest, from John McCain's efforts to privatize this national forest and turn it over to Rio Tinto Mining, an Australian mining company whose record by comparison makes Monsanto look like altar boys, to be developed as North America's largest copper mine. This is monstrous and despicable, and yet only Bernie's Save Oak Flat Act (S2242) stands in the way of this diabolical plan.

We added "2020" to the title.


I am an art gallery owner in Santa Fe since 1980 selling Native American painting and NM landscapes, specializing in modern Native Ledger Art.


I have always been intensely involved in politics, going back to the mid's 1970's, being a volunteer lobbyist in the US Senate for the Secretary General of the United Nations, then a "snowball-in-hell" campaign for US Senate in NM in the late 70's, and for the past 20 years have worked extensively to pressure the FDA to rescind its approval for aspartame, the neurotoxic artificial sweetener metabolized as formaldehyde. This may be becoming a reality to an extent in California, which, under Proposition 65, is considering requiring a mandatory Carcinogen label on all aspartame products, although all bureaucracies seem to stall under any kind of corporate pressure.


Bills to ban aspartame were in the State Senates of New Mexico and Hawaii, but were shut down by corporate lobbyists (particularly Monsanto lobbyists in Hawaii and Coca Cola lobbyists in New Mexico).


For several years, I was the editor of New Mexico Sun News, and my letters to the editor and op/eds in 2016 have appeared in NM, California, Wisconsin, New York, Maryland, the Christian Science Monitor, USA Today, and many international papers, on the subject of consumer protection. Our best issue was 10 days before Obama won in 2008, when we published a special early edition of the paper declaring that Obama Wins! This was the top story on CNN for many hours, way back then....


My highest accomplishments thus far are

1. a plan to create a UN Secretary General's Pandemic Board of Inquiry, a plan that is in the works and might be achieved even before the 75th UN General Assembly in September 2020.


2. Now history until the needs becomes clear to the powers who run the United Nations: a UN Resolution to create a new Undersecretary General for Nutrition and Consumer Protection, strongly supported ten years ago by India and 53 cosponsoring nations, but shut down by the US Mission to the UN in 2008. To read it, google UNITED NATIONS UNDERSECRETARY GENERAL FOR NUTRITION, please.


These are not easy battles, any of them, and they require a great deal of political and journalistic focus. OpEdNews is the perfect place for those who have a lot to say, so much that they exceed the limiting capacities of their local and regional newspapers. Trying to go beyond the regional papers seems to require some kind of "inside" credentials, as if you had to be in a club of corporate-accepted writers, and if not, you are "from somewhere else," a sad state of corporate induced xenophobia that should have no place in America in 2020!

This should be a goal for every author with something current to say: breaking through yet another glass ceiling, and get your say said in editorial pages all over America. Certainly, this was a tool that was essentially ignored in 2016, and cannot be ignored in the big elections of 2020.


In my capacity as Editor of the Santa Fe Sun News, Fox interviewed Mikhail Gorbachev: http://www.prlog.org/10064349-mikhail-gorbachev