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| Courtesy photo. Censored News |
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| Courtesy photo. Censored News |
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Marcus Mitchell was blinded in his left eye after being shot at Standing Rock as he stood to defend sacred water. A North Dakota court denied him justice. Photo by Rudy Dcruz, Censored News. |
Diné Shot in the Eye at Standing Rock Denied Justice: A Federal Court will Hear the Case
ST PAUL, Minnesota -- Marcus Mitchell, Dine'/Navajo, was shot in the eye and blinded in his left eye, while peacefully protesting the pipeline at Backwater Bridge in Standing Rock in January of 2017. For more than eight years, justice has been denied Mitchell because of the ruling of a North Dakota court.
Federal Appeals Court to hear the case of Sophia Wilansky, whose arm was blown apart at Standing Rock
Now the case of police officers excessive force is going before the federal Eighth Circuit Court of Appeals in St Paul, Minnesota. Oral arguments will be heard on Dec. 18, 2025.
Sophia Wilansky, whose arm was blown apart when she was struck with an explosive on Backwater Bridge on Nov. 21, 2016, will also have her case heard before the same federal appeals court in December.
Lawsuits Reveal Extreme Cruelty of Law Enforcement
The lawsuits filed against law enforcement for critical injuries at Standing Rock reveal the extreme cruelty of Morton County deputies and Bismarck police. When Marcus Mitchell, Navajo, was shot in the eye, as he lay bleeding on the ground, officers pounced on him, then shackled him in the hospital.
When Sophia Wilansky's arm was blown apart, and she lay bleeding on the ground, officers laughed at her. Federal officers then stole her evidence in the hospital.
A North Dakota judge denied them both justice.
The Gruesome Shooting and Arrest of Marcus Mitchell
The police and hospital hid him from family and friends as they searched for him, and police shackled him.
"When a group of family members and legal workers finally discovered him on the hospital’s fourth floor, he was shackled to a gurney."
Police officers kneeled on top of him after he was shot, during this gruesome arrest.
"Mitchell has permanently lost vision in his left eye and partially lost hearing in his left ear. He can no longer feel or taste in parts of his face. His cervical spine was also damaged, leading to extreme bruising of the discs and nerves in the back of his head.
"As police officers kneeled atop him, torquing his arms behind his back to place him in handcuffs, he says he felt like he was drowning in his own blood."
“I was drugged out of my mind by the medications,” Mitchell says. “For almost the whole time I was in the hospital, I couldn’t even speak for myself, but they still interrogated me.”
Highway Patrol Sergeant Denies Giving the Orders
North Dakota Highway Patrol Sergeant Benjamin Kennelly denies that he gave the order to fire on peaceful protesters. In his court response, he denied he gave the orders which resulted in the two officers firing on Mitchell and shooting out his eye.
"What actually happened on the night of January 18-19, 2017, bears little resemblance to Mitchell’s complaint. Nowhere is the difference more profound than in the claims against Sergeant Benjamin Kennelly. Mitchell alleged that Kennelly directed the deployment of less-lethal munitions at him and was therefore liable for failing to intervene in the allegedly excessive force," states the appellate brief filed by Bismarck attorneys for Kennelly in February of 2025.
Morton County Sheriff Kirchmeier Denies Responsibility
Morton County Sheriff Kyle Kirchmeier describes the 12 gauge shotguns that fired the shots and claims shooting lead-filled bean bags at protesters was justified.
The civil rights lawsuit is being appealed from North Dakota District Court. The current case is Marcus Mitchell v. Kyle Kirchmeier (24-2755) in the Court of Appeals for the Eighth Circuit, before the appeals court in Minnesota.
In similar cases, millions of dollars have been awarded to protesters who were victims of police excessive force. For those at Standing Rock defending sacred water from the Dakota Access Pipeline, there has been no justice.
The gruesome details of the shooting at Backwater Bridge, and Mitchell's horrific arrest after being shot, now goes before the court.
Mitchell's attorneys at MacArthur Justice Center said, "The Eighth Circuit reversed the district court and held that Marcus Mitchell’s case can proceed. It made clear shooting an unarmed Mr. Mitchell in the face with a lead-filled bean-bag round as he was peacefully praying could be a Fourth Amendment violation."
The Gruesome Shooting and Arrest of Marcus Mitchell
Police officers fired 12-gauge shotguns loaded with lead-filled bean bags at Mitchell and put out his left eye as he stood in defense of the water -- the water of the Missouri River that millions depend on -- at Backwater Bridge at Standing Rock in North Dakota on Jan. 19, 2017. He was 21-years-old.
"Marcus Mitchell lay facedown on the snowy North Dakota prairie, blood pouring through the gaping wound on the left side of his face," reported the Guardian describing the horrific shooting.
"Marcus Mitchell lay facedown on the snowy North Dakota prairie, blood pouring through the gaping wound on the left side of his face," reported the Guardian describing the horrific shooting.
The police and hospital hid him from family and friends as they searched for him, and police shackled him.
"When a group of family members and legal workers finally discovered him on the hospital’s fourth floor, he was shackled to a gurney."
Police officers kneeled on top of him after he was shot, during this gruesome arrest.
"Mitchell has permanently lost vision in his left eye and partially lost hearing in his left ear. He can no longer feel or taste in parts of his face. His cervical spine was also damaged, leading to extreme bruising of the discs and nerves in the back of his head.
"As police officers kneeled atop him, torquing his arms behind his back to place him in handcuffs, he says he felt like he was drowning in his own blood."
“I was drugged out of my mind by the medications,” Mitchell says. “For almost the whole time I was in the hospital, I couldn’t even speak for myself, but they still interrogated me.”
The officers named in Mitchell's current case in federal appeals court are North Dakota Highway Patrol Sergeant Benjamin Kennelly, who gave the orders, and Morton Country Sheriff Deputy George Piehl and Bismarck Officer Tyler Welk who fired the shots.
Mitchell's attorneys state that Mitchell was not actively resisting arrest or attempting to evade arrest by flight. The attorneys told the court that both Deputy George Piehl and Officer Tyler Welk testified that Mitchell was not doing either when they shot him.
"And the video confirms Mitchell was standing still when they shot him."
Mitchell's attorneys told the court, "If a person is not suspected of a serious crime, is not threatening anyone, and is neither fleeing nor resisting arrest, then it is
unreasonable for an officer to use more than de minimis force against
him.”
Dine' Support and Honor Mitchell as the Case Heads to Court
Dr. Michelle Cook, Water Protector and Dineh human rights lawyer responded as the case heads to the federal court.
Dr. Michelle Cook, Water Protector and Dineh human rights lawyer responded as the case heads to the federal court.
"We are so thankful for Marcus Mitchell, Dineh Warrior, and his continued fight for justice and recognition for human rights of Water Protectors who endured the trauma during the Standing Rock encounter in 2016 and 2017. The case marks the few led by brave Water Protectors who lived through and survived repression and hardship."
"Continue to support them, the Water Protectors themselves, who were targeted and collectively hold these memories to this day."
"Pray for his courage, and that inextinguishable flame and desire to protect the water, self-determination and freedom for the American Indian people," Dr. Cook told Censored News.
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| When the standoff began at Backwater Bridge at Standing Rock, police fired water during freezing temperatures on water protectors on November 21, 2016, critically injuring Sophia Wilansky. Marcus Mitchell was shot at Backwater Bridge on January 19, 2017. Water defenders were resisting construction of the Dakota Access Pipeline owned by Energy Transfer. (Photo Stephanie Keith/Reuters) |
Highway Patrol Sergeant Denies Giving the Orders
North Dakota Highway Patrol Sergeant Benjamin Kennelly denies that he gave the order to fire on peaceful protesters. In his court response, he denied he gave the orders which resulted in the two officers firing on Mitchell and shooting out his eye.
"What actually happened on the night of January 18-19, 2017, bears little resemblance to Mitchell’s complaint. Nowhere is the difference more profound than in the claims against Sergeant Benjamin Kennelly. Mitchell alleged that Kennelly directed the deployment of less-lethal munitions at him and was therefore liable for failing to intervene in the allegedly excessive force," states the appellate brief filed by Bismarck attorneys for Kennelly in February of 2025.
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| Morton County Sheriff's Department, working with the National Sheriff's Association, brought in militarized law enforcement who brutalized Standing Rock Water Protectors in the fall of 2016. Photo copyright Rob Wilson, Censored News. |
Morton County Sheriff Kirchmeier Denies Responsibility
Morton County Sheriff Kyle Kirchmeier describes the 12 gauge shotguns that fired the shots and claims shooting lead-filled bean bags at protesters was justified.
Kirchmemeir claims there is no evidence that the two officers were the ones that fired the shots into Mitchell's eyes.
Kirchmeier claims that protesters were trespassing and Mitchell was a leader. Further, the Sheriff claims law enforcement didn't know what was behind the protesters' shields. The Sheriff claims it was a "riot" according to North Dakota law, since there were five or more protesters involved.
"Mitchell alleges defendants Morton County Sheriff’s Deputy George Piehl (“Piehl”), Bismarck Police Officer Tyler Welk (“Welk”) and unidentified John Does 1-2, allegedly shot Mitchell with bean bag rounds on January 19, 2017, and violated his right to be free from excessive force under the Fourth Amendment to the United States Constitution," states Kirchmeier in his appellate brief. It was filed by Special Assistant State Attorney Generals for Morton County in January of 2025.
Sheriff Kirchmeier argues that the two officers who shot Mitchell should be given immunity.
"The doctrine of qualified immunity protects government officials from liability for civil damages."
"There is no evidence to establish Mitchell’s alleged injuries to his left eye (or any to the back of his head) were the result of anything more than a negligent or grossly negligent application of force."
Sheriff Kirchmeier claims Mitchell was going to flee and states, "An officer is also justified in using force to effect an arrest where it is objectively reasonable to believe the individual is about to flee."
The Sheriff points out that the officers were shooting at the protesters for three days before Mitchell was shot.
Kirchmeier claims that protesters were trespassing and Mitchell was a leader. Further, the Sheriff claims law enforcement didn't know what was behind the protesters' shields. The Sheriff claims it was a "riot" according to North Dakota law, since there were five or more protesters involved.
"Mitchell alleges defendants Morton County Sheriff’s Deputy George Piehl (“Piehl”), Bismarck Police Officer Tyler Welk (“Welk”) and unidentified John Does 1-2, allegedly shot Mitchell with bean bag rounds on January 19, 2017, and violated his right to be free from excessive force under the Fourth Amendment to the United States Constitution," states Kirchmeier in his appellate brief. It was filed by Special Assistant State Attorney Generals for Morton County in January of 2025.
Sheriff Kirchmeier argues that the two officers who shot Mitchell should be given immunity.
"The doctrine of qualified immunity protects government officials from liability for civil damages."
"There is no evidence to establish Mitchell’s alleged injuries to his left eye (or any to the back of his head) were the result of anything more than a negligent or grossly negligent application of force."
Sheriff Kirchmeier claims Mitchell was going to flee and states, "An officer is also justified in using force to effect an arrest where it is objectively reasonable to believe the individual is about to flee."
The Sheriff points out that the officers were shooting at the protesters for three days before Mitchell was shot.
The Sheriff says, "Mitchell admits he observed officers utilize force against and arrest
protesters on the bridge on January 16, 17 and 18-19, 2017, and admits officers
used less-lethal force against him on January 16 and 17, 2017, all prior to the incident at issue."
"The use of bean bag rounds to effect the arrest of Mitchell was objectively reasonable under the totality of the circumstances," Sheriff Kirchmeier told the court.
Kirchmeier describes the shots that struck Mitchell.
"Mitchell testified there were four rounds shot at him by four separate
officers, all within seconds of his left eye being struck by the second of those four
shots. Mitchell testified the first shot hit his shield and deflected to the east under
the east guard rail on the Bridge."
"As a result of that impact with the shield, Mitchell asserts he raised the shield up to head height, but due to his fingers tingling, he put the shield down and raised his arms above his head, and then put his arms down to pick up the shield at which point the second shot allegedly hit his left eye. Mitchell alleges as a result of the second shot to his left eye, he spun around and was then shot both in the back of his head and in his leg with roughly half a second between the third and fourth shots," Kirchmeier's appellate brief states.
Kirchmeier says he wasn't there.
"Sheriff Kirchmeier was not at the Bridge on January 18-19, 2017. The
decision as to whether and how to use force was left to the individual officer’s
discretion based upon their training and judgment."
protesters on the bridge on January 16, 17 and 18-19, 2017, and admits officers
used less-lethal force against him on January 16 and 17, 2017, all prior to the incident at issue."
"The use of bean bag rounds to effect the arrest of Mitchell was objectively reasonable under the totality of the circumstances," Sheriff Kirchmeier told the court.
Kirchmeier describes the shots that struck Mitchell.
"Mitchell testified there were four rounds shot at him by four separate
officers, all within seconds of his left eye being struck by the second of those four
shots. Mitchell testified the first shot hit his shield and deflected to the east under
the east guard rail on the Bridge."
"As a result of that impact with the shield, Mitchell asserts he raised the shield up to head height, but due to his fingers tingling, he put the shield down and raised his arms above his head, and then put his arms down to pick up the shield at which point the second shot allegedly hit his left eye. Mitchell alleges as a result of the second shot to his left eye, he spun around and was then shot both in the back of his head and in his leg with roughly half a second between the third and fourth shots," Kirchmeier's appellate brief states.
Kirchmeier says he wasn't there.
"Sheriff Kirchmeier was not at the Bridge on January 18-19, 2017. The
decision as to whether and how to use force was left to the individual officer’s
discretion based upon their training and judgment."
The Case Before the Court
The North Dakota court had dismissed the case claiming the officers had immunity.
However, the Appeals Court emphasized that shooting an unarmed protester in the face while he was praying could violate constitutional protections.
The civil rights lawsuit is being appealed from North Dakota District Court. The current case is Marcus Mitchell v. Kyle Kirchmeier (24-2755) in the Court of Appeals for the Eighth Circuit, before the appeals court in Minnesota.
Oral arguments will be held in St. Paul, Minnesota on Thursday, December 18, before Appeals Court Judges Loken, Smith, and Kobes. The calendar starts at 9:00 in Courtoom 5A on the 5th floor and Mitchell's case is expected to begin at 10 a.m.
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The Eighth Circuit Court of Appeals will hear the case of Sophia Wilansky, whose arm was blown apart at Backwater Bridge in Standing Rock, on December 16, 2025, in St. Paul. The same federal appeals judges hearing Mitchell's case will hear Wilansky's case.
Wilansky filed the case of excessive force against Morton County and others.
Wilansky said in her lawsuit that her left forearm was severely injured in the blast from an “explosive munition” or a flashbang at Backwater Bridge on November 21, 2016. Wilansky said the officers “attacked her with less-lethal and explosive munitions” and nearly severed her hand. The judge noted that Wilansky said the officers laughed at her and congratulated one on his "marksmanship," reports MPR News.
Wilansky said an officer threw a flashbang device directly at her, and that officers laughed rather than helped her as she lay on the ground in agony after the explosion. Wilansky sued the federal government for seizing the evidence from her, shrapnel and clothing, while she was in the hospital.
“At 21-years-old, I lost the use of my arm because a police officer shot me from a gun turret with an exploding grenade at a protest. My life will never be the same, but I will also not be scared away from fighting for what is right," Wilansky said as she underwent surgeries.
North Dakota Judge Daniel Traynor, who also ruled against Mitchell, dismissed the excessive-force lawsuit filed by Wilansky, from New York.
Marcus Mitchell Targeted and Brutalized by Law Enforcement
"Although Mr. Mitchell was not armed and not threatening anyone, four law enforcement officers aimed their 12-gauge shotguns at him, counted down to coordinate their fire, and shot several lead-filled “beanbag” rounds directly at him.
"Law enforcement records later revealed that Mr. Mitchell had been deemed an “agitator” and that law enforcement officers were instructed to single him out as part of an effort to end the protests."
"The “bean-bag” rounds hit Mr. Mitchell in the face, head, and leg."
"One round entered his left eye socket, shattering the orbital wall of his eye and cheekbone and tearing open the skin on the left side of his face."
"The round lodged in his eyeball, with strands of the round protruding from his eye socket."
"Mr. Mitchell collapsed on the ground, face-down, and struggled to breathe as blood filled his nostrils."
"Officers pinned him with their knees and loaded Mr. Mitchell—who was unable to stand on his own or see through the blood on his face—into a police vehicle."
"Mr. Mitchell was eventually transported to a hospital. When he arrived, he fainted. He awoke shackled to a hospital gurney, having undergone surgery to remove the lead-filled “bean-bag” round from his eye.
"Two North Dakota law enforcement officials kept him shackled to that gurney for a day and a half, interrogating him about the water protectors’ plans and concealing his whereabouts from friends and family frantically searching for him.
"Mr. Mitchell was charged with two misdemeanors, criminal trespass and obstruction of a government function. Those charges were dismissed pursuant to a pretrial diversion agreement," the court appeal states.
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| Dakota Access Pipeline bulldozed sacred burial grounds at Standing Rock on Sept. 3, 2016 |
After the sacred burial places of Lakota were identified near Cannonball at Standing Rock, on Sept. 3, 2016, the bulldozers of Dakota Access Pipeline plowed through the sacred burial places.
On this day, the pipeline's security forces and off-duty police were part of an attack on water protectors with vicious dogs. The pipeline hired attack dog handlers who brought in the dogs that bit water protectors. In the months that followed, the camps at Standing Rock were filled with thousands who came during the cry for justice.
In February of 2017, law enforcement violently tore down Oceti Sakowin, Sacred Stone, and the others camps of Water Protectors, and arrested and brutalized the Water Protectors who had endured the cruel winter.
The Water Protectors who suffered severe critical injuries as a result of law enforcement's excessive force during 2016 and 2017 have been denied justice in North Dakota courts.
Dr. Michelle Cook, Dine', led a panel of Native women who testified on the excessive force of law enforcement at Standing Rock, and the militarization of the Tohono O'odham Nation, before the Inter-American Commission on Human Rights in Jamaica in 2019.
Copyright Brenda Norrell, Censored News. No portion may be used in any way without written permission. Content may not be used in any manner for profit or revenues.
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| Standing Rock during the winter of 2016 and 2017. |
Read more:
Marcus Mitchell gives deposition in Albuquerque, by Censored News, 2023
The shooting of Marcus Mitchell, The Guardian in 2018
Defendants in Sophia Wilansky's case
Sophia Wilansky's lawsuit to the Eighth Circuit Court of Appeals names as defendants: Paul D. Bakke, In his personal capacity, Thomas M. Grosz, In his personal capacity, Matthew J. Hanson, In his personal capacity, Michael W. Hinrichs, In his personal capacity, Travis A. Nelson, In his personal capacity, Joshua W. Rode, In his personal capacity, Evan M. Savageau, In his personal capacity, Travis M. Skar, In his personal capacity, Glen Ternes, In his personal capacity, Justin W. White, In his personal capacity, Derek J. Arndt, Kyle Kirchmeier, In his official capacity and North Dakota Morton County.
Live coverage from Jamaica in 2019:
Dr. Michelle Cook, Dineh, Led a Native Women's Panel on Excessive Force at Standing Rock, and militarization of the Tohono O'odham Nation, at the Inter-American Commission on Human Rights in Jamaica, by Censored News
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