Mitchell v. Kirchmeier
1:19-cv-00149
| D.N.D. | Aug 1, 2024Background
- The case arises from the 2016-2017 Dakota Access Pipeline (DAPL) protests, focusing on events at the Backwater Bridge involving clashes between protesters and multiple law enforcement agencies.
- Marcus Mitchell, an Indigenous protester, participated in various protests and admitted to acts such as trespass, resisting commands, and seeking to dismantle barricades set up by law enforcement.
- On January 19, 2017, Mitchell was struck in the eye by a bean bag round during a law enforcement "push" aimed at dispersing protesters and effecting arrests after hours of failed negotiations and escalating violence.
- Mitchell sued under 42 U.S.C. § 1983, alleging excessive force in violation of the Fourth Amendment, failure to intervene by a supervisor, and Monell liability against Morton County.
- Prior proceedings resulted in dismissal; the Eighth Circuit reversed and remanded only on the excessive force, Monell, and failure-to-intervene claims for further proceedings following discovery.
- After further discovery and summary judgment motions, the court granted summary judgment for all defendants, finding no excessive force or clearly established law violated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether use of force was excessive | Officers used excessive, unreasonable force during protest | Force was necessary, reasonable in context of felonious, resisting conduct | Reasonable under the circumstances; no excessive force |
| Qualified immunity | Rights violated were clearly established in similar protest cases | No clearly established law prohibiting force here | Qualified immunity applies to officers |
| Liability of John Doe defendants | John Does used excessive force; claims should proceed | Identities unknown; claims time-barred and not supported by evidence | Claims dismissed against John Does |
| Failure-to-intervene/Monell claims | Supervisors liable for subordinate officers’ alleged excessive force | No underlying excessive force; no basis for supervisor or municipal liability | Claims dismissed; failure-to-intervene/Monell fail |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (establishes the objective reasonableness standard for excessive force under the Fourth Amendment)
- Mullenix v. Luna, 577 U.S. 7 (2015) (qualified immunity requires clearly established law for specific context)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard: dispute must be over material fact)
- Samuelson v. City of New Ulm, 455 F.3d 871 (8th Cir. 2006) (clearly established rights must be viewed in factual context)
- Bernini v. City of St. Paul, 665 F.3d 997 (8th Cir. 2012) (officers entitled to qualified immunity in crowd control setting with riotous behavior)