Thunderhawk v. Morton, County of, North Dakota
1:18-cv-00212
D.N.D.Sep 18, 2024Background
- Plaintiffs challenged actions by Morton County related to the Dakota Access Pipeline (DAPL) protests, alleging violations of their rights to speak and assemble.
- The Court previously dismissed most claims, except Count I (violation of right to speak and assemble) against certain defendants.
- The Eighth Circuit reversed the Court’s earlier ruling, ordering consideration of qualified immunity on Count I; the Court then dismissed Count I, finding no clearly established right was violated.
- Morton County moved for judgment on the pleadings to dismiss remaining claims against it, arguing no underlying constitutional violation remained.
- Plaintiffs sought reconsideration and leave to amend the complaint to reassert municipal liability claims (Monell claims), which were previously dismissed for lack of factual basis.
- The Court concluded that amendment would be futile because municipal liability (Monell) requires survival of an underlying constitutional claim, and such claims had all failed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judgment on Pleadings (Morton Cty) | County should remain in the case | No municipal liability without underlying claim | Granted: All claims v. County dismissed |
| Leave to Amend Complaint | Justice requires allowing amendment | Amendment too late, futile without underlying violation | Denied: Amendment would be futile |
| Reconsideration of Prior Orders | Prior dismissals should be revisited | No new basis for reconsideration | Denied: No change in legal analysis |
| Monell Liability | County liable for Sheriff’s policies | Sheriff not liable, so County cannot be | No municipal liability attaches |
Key Cases Cited
- Bulfin v. Rainwater, 104 F.4th 1032 (8th Cir. 2024) (municipal liability requires underlying individual liability)
- Moore v. City of Desloge, 647 F.3d 841 (8th Cir. 2011) (municipal liability depends on finding of a constitutional violation by a municipal employee)
- Russell v. Hennepin Cty., 420 F.3d 841 (8th Cir. 2006) (before municipal liability can attach, there must be an unconstitutional act by a municipal employee)
- Szabla v. City of Brooklyn Park, Minn., 486 F.3d 385 (8th Cir. 2007) (no municipal liability if right was not clearly established at the time of the incident)