Standing Rock Water Protectors Await Rulings in Federal Appeals on Police Use of Force

Marcus Mitchell (left) was blinded in his left eye after being shot at Standing Rock as he stood to defend sacred water. Sophia Wilansky's (right) arm was blown apart when she was fired on by law enforcement while peacefully protesting the Dakota Access Pipeline at Standing Rock.

Nine years after the Standing Rock protests, two Water Protectors critically injured by law enforcement are awaiting decisions from the U.S. Court of Appeals for the Eighth Circuit in appeals challenging the dismissal of their civil rights lawsuits.

On December 16, attorneys for Sophia Wilansky argued her appeal stemming from the November 2016 Backwater Bridge confrontation, where law enforcement used explosive and “less-than-lethal” munitions against demonstrators opposing the Dakota Access Pipeline.

Sophia’s lawsuit alleges an explosion nearly severed her left hand, resulting in permanent injury and years of surgeries.

Two days later, on December 18, the Eighth Circuit heard the appeal of Marcus Mitchell, a Diné/Navajo activist who was shot in the face with a lead-filled bean bag round during a January 2017 prayer action. The impact shattered his eye socket and left him permanently blind in one eye.

Both cases were dismissed by a North Dakota District Court at the summary judgment stage on qualified immunity grounds. Marcus’ attorney, Devi Rao, argues the dismissal violated fundamental legal standards.

“The district court granted defendants’ motion for summary judgment, which ends our case — but it did so in a way that is totally against the rules of the road,” Rao said. “We are asking the Eighth Circuit to reverse that decision and send the case back to the District Court for trial.”

Rao emphasized that Mitchell was engaged in peaceful advocacy when he was injured.

“Mr. Mitchell’s peaceful advocacy was met with unconstitutional force by law enforcement,” she said. “We strongly believe that he deserves to present his case to a jury.”

Civil liberties advocates say the appeals highlight ongoing concerns about the use of militarized policing tactics against protest movements, and could carry significant implications for how courts evaluate police accountability and constitutional protections for peaceful demonstrators nationwide.

There is no timeline for when the Eighth Circuit will issue decisions in either case.