Indigenous Peoples and Human Rights
Showing posts with label excessive force. Show all posts
Showing posts with label excessive force. Show all posts

March 19, 2024

Indigenous Testify on Dakota Access Pipeline Before Inter-American Commission on Human Rights

Germaine Tremmel, Standing Rock, Lakota testifying from the Oceti Sakowin camp.
Screenshot Censored News.


Lakota leaders testified before the Inter-American Commission on Human Rights in December of 2016.


Indigenous Testify on Dakota Access Pipeline Before Inter-American Commission on Human Rights

Censored News is republishing the testimony before the Inter-American Commission on Human Rights in December 2016, which describes the brutality of law enforcement, and failures of the U.S. government at Standing Rock. The current case in federal court, North Dakota v. U.S., omits the brutality of excessive force by law enforcement, critical injuries, and destruction of the sacred.

By Brenda Norrell, Censored News, December 19, 2016

WASHINGTON -- Lakota leaders testified before the Inter-American Commission on Human Rights, describing the excessive force and brutality of law enforcement during attacks on water protectors defending the water from construction of the Dakota Access Pipeline at Standing Rock in North Dakota. The attacks resulted in critical injuries, the targeting of women, the destruction of cultural sites, and the violation of human rights, and international rights.

"Presently in the United States of America, our people have no civil rights," Cheyenne River Chairman Harold Frazier, Lakota, South Dakota, testified before the commission.

"In 1968, the U.S. passed the Indian Civil Rights Act, it only protects our people from tribal governments."

September 23, 2023

Standing Rock: Federal Appeals Court Hears Case of Law Enforcement Brutality at Backwater Bridge



From L to R: Center for Protest Law and Litigation (CPLL) Executive Director Mara Verheyden-Hilliard, Michael Avery with National Police Accountability Project, CPLL Senior Counsel Rachel Lederman, Standing Rock water protector and attorney Wašté Win Young, Co-Counsel Melinda Power, CPLL attorney Amanda Eubanks outside the courthouse in St. Louis.

Standing Rock: Federal Appeals Court Hears Case of Law Enforcement Brutality at Backwater Bridge 

By Brenda Norrell
Copyright Censored News
Sept. 19, 2023

ST LOUIS -- A federal appeals court heard arguments in the class action lawsuit filed for excessive force at Backwater Bridge at Standing Rock by water protectors who suffered critical injuries. The issues argued included whether water protectors were free to leave, whether law enforcement feared for their lives, and whether the use of munitions, bean bags filled with shot, and water sprayed on water protectors in temperatures below freezing, were justified or legal.

Rachel Lederman, lead counsel for water protectors, told the Eighth Circuit Appeals Court's three-member panel of judges, that the district court based its decision in favor of law enforcement are disputed.

“The story defendants have put forth to justify their use of force is hotly disputed."

Lederman an attorney with the Center for Protest Law and Litigation, said that a jury should decide whether it was objectionably reasonable for officers to bombard hundreds of individuals with high-pressure water hoses, impact munitions, explosives, and chemical agents for ten hours, causing serious injuries, for the people that were allegedly causing problems.

September 18, 2023

Standing Rock -- Appeals Court to Hear Excessive Force Lawsuit at Backwater Bridge Tuesday






Standing Rock -- Appeals Court to Hear Excessive Force Lawsuit at Backwater Bridge Tuesday

Update: Federal appeals court hears excessive force, class action lawsuit, for injured at Backwater Bridge at Standing Rock

https://bsnorrell.blogspot.com/2023/09/federal-appeals-court-heard-arguments.html

By Brenda Norrell, Censored News, Sept. 19, 2023

Three hundred water protectors were injured on the night of November 20, 2016, at Backwater Bridge at Standing Rock. Twenty-six were seriously injured and taken by ambulance to nearby hospitals. Guy Dull Knife III was one of them. On Tuesday, an excessive force lawsuit filed against Morton County Sheriff Kyle Kirchmeier and others will be argued before the Eighth Circuit Court of Appeals in St. Louis.

"On the night of November 20-21, 2016, law enforcement shot unarmed, nonviolent water protectors with impact munitions, flash-bang explosives, and freezing blasts of water over the course of ten hours, seriously injuring Appellants and many others," states the federal class-action, civil rights lawsuit Dundon v Kirchmeier.

Wašté Win Young, Water Protector and former Tribal Historic Preservation Officer for Standing Rock, reflected on the significance of the case.

“I was born and raised on Standing Rock. It’s my home. The law enforcement that attacked us were our neighbors. It was surreal. Even now, when I cross that bridge I remember the people who got maimed, fell through ice, sprayed with water and chemicals, injured by those who are supposed to protect us. There are several images imprinted in my mind from November 20, 2016."

"I remember law enforcement indiscriminately aiming water canons at a group of Native American individuals who were praying on their knees, while other law enforcement personnel shot tear gas and projectiles into the crowd where I was standing."

"I nearly choked on the tear gas. It is my hope that the rule of law will prevail against the law enforcement who blatantly disregarded the constitutional and civil rights of hundreds of peaceful protestors," Waste Win Young said.





Photo by Rob Wilson

May 26, 2017

Water Protectors in Appeals Court: Militarized Police, Water Hoses, Dangerous Munitions



Water Protectors Case in Appeals Court: Militarized Police, Water Hoses, Dangerous Munitions
Water Protectors File Arguments in the 8th Circuit on Militarized Policing
By Water Protector Legal Collective
Censored News
Dundon et al. v. Kirchmeier, 8th Circuit Case No 17-1306
Water Protector Legal Collective attorneys filed legal arguments today asking the 8th Circuit Court of Appeals to overturn a North Dakota federal district court ruling upholding local law enforcement agencies’ indiscriminate use of high pressure fire hoses and dangerous munitions on protesters. The plaintiffs want the appeals court to order the lower court to grant an injunction prohibiting law enforcement from shooting indiscriminately into crowds of protesters, or at minimum, order the lower court to hold a hearing to hear directly from witnesses for both sides on the water protectors’ request for a preliminary injunction.
On Nov. 20, 2016, lead plaintiff Vanessa Dundon was severely injured and partially blinded when she was hit in the face with a teargas canister. 300 people were treated for injuries ranging from hypothermia to fractures to partial loss of a limb when the Morton County Sheriff turned fire hoses, impact munitions and explosive grenades on water protectors who were protesting and praying on a bridge near the Dakota Access Pipeline (DAPL) construction site and within the boundaries of Oceti Sakowin (Seven Council Fires, or Great Sioux Nation) treaty lands. Ms. Dundon, who is a Navajo Nation member, and eight other named plaintiffs are suing Morton County Sheriff Kyle Kirchmeier and other officials in a civil rights class action which seeks both injunctive relief and compensation for the injured.
“Judge Hovland denied the preliminary injunction motion without a hearing, even though he acknowledged that there were major factual disputes between the two sides,” said WPLC cooperating attorney Rachel Lederman, lead counsel for the Dundon plaintiffs. “The judge accepted law enforcement’s tale of being overrun by violent rioters even though we filed 50 sworn declarations telling a very different story. The vast majority of the water protectors were simply praying, singing, chanting, taking photos, or trying to aid the injured when they were drenched with freezing water, gassed and shot at for hours. We can’t allow this to continue when all over the country, indigenous peoples and their allies are taking a stand against fossil fuel pipelines and the desecration of native land and the environment.”
One of the declarations submitted by plaintiffs was by former Baltimore Police Commissioner Thomas Frazier, who opined:
“The use by law enforcement of shotgun fired bean bag rounds, as seen in video supplied to me by the plaintiffs, is excessive. These are highly dangerous weapons which should never be used indiscriminately in a crowd, yet that is exactly what I saw based on the video evidence. It is inappropriate and excessive force to shoot bean bag rounds, or to launch direct impact sponge rounds, into a crowd for the purpose of crowd dispersal…
“The brute force of the impact of the water jet is a force option that would not be considered appropriate by most modern police chiefs or sheriffs, or tolerated by their citizenry. In this case, the use of this device in sub-freezing temperatures, in my opinion, serves no reasonable purpose and can only be considered a retaliatory and punitive action.”
Commissioner Frazier went on to explain: “Law enforcement’s unnecessary use of these [munitions] and the resulting serious injuries from their use are important reasons which justify the Plaintiffs’ request that this Court prohibit the reckless use of the these weapons. If the victims of these weapons had violated the law, there were enough law enforcement officers present to arrest them. Therefore, there exists no reasonable justification for their use.”
Defendants Morton County Sheriff Kyle Kirchmeier and other law enforcement defendants can be expected to file a response in the 8th Circuit in about a month. The plaintiffs expect amicus (friend of the court) briefs to be filed by the ACLU and Amnesty International supporting their arguments.
Water Protector Legal Collective Contact:
Rachel Lederman, WPLC Attorney: rlederman@beachledermanlaw.com, 415-350-6496
Brandy Toelupe, WPLC Attorney: btoelupe@tildentoelupe.com, 720-876-8300
Jessica Beheler, WPLC PR and Media Coordinator: pr@wplegal.org, 701-595-1509
Links:
If you are a Water Protector and need legal assistance, please call the WPLC Hotline at (701) 566-9108.
If you need travel assistance returning to North Dakota, contact the Freshet Collective at (605) 519-8180.
The Water Protector Legal Collective (WPLC) provides on-the-ground legal representation and coordination for Water Protectors engaged in resistance to the Dakota Access Pipeline at Standing Rock, ND in partnership with the National Lawyers Guild (NLG). To support the work of WPLC, please visit https://fundrazr.com/RedOwlLegal
www.waterprotectorlegal.org

Ohio State Trooper Sniper on a Hill
Sniper during peaceful protest by unarmed water protectors at Standing Rock.
Photo obtained by FOIA by MuckRock.
Photo posted by Censored News.

April 25, 2017

Morton County Sheriff rejects public information requests on Standing Rock






Photos of police violence inflicted on unarmed water protectors by Rob Wilson Photography, used with permission at Censored News. Photos posted Nov. 1, 2016

Morton County Sheriff rejects Freedom of Information Act requests for video, arrest reports, eviction of Oceti Sakowin, and police body cam footage, says Muck Rock

By Brenda Norrell
Censored News

Morton County is one of five law enforcement agencies in the United States concealing public records related to protests, reports Muck Rock. In fact Morton County Sheriff Kyle Kirchmeier is now one of the five worst in the United States when it comes to rejecting Freedom of Information Act requests.

Curtis Waltman of Muck Rock said he sent four protest related FOIA requests to Morton County for video footage, arrest reports, documents relating to the massive emergency management compacts, and reports on the eviction of the Oceti Sakowin camp. The requests rejected include the police officers’ body camera footage.

“All of these have been rejected, with not a single responsive document being handed over. And much of what I asked for not only absolutely exists, it is basic information which should be public knowledge,” Waltman said.

Morton County is refusing to respond to Freedom of Information requests. The other four agencies that are refusing to provide public information are Virginia State Police, Boston Regional Intelligence Center, Chicago Police Department and Austin Police Department.

“Reports coming out of Standing Rock were shocking to many Americans and carried revelations about how law enforcement were conducting themselves in regards to protests. It is a miscarriage of justice and FOIA law to keep these records sealed when there is such a huge amount of public concern.”

Read more at Muck Rock https://www.muckrock.com/news/archives/2017/apr/20/five-law-enforcement-agencies-dont-want-you-lookin/?utm_content=bufferf1485&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

October 23, 2016

Police beat water protectors with batons, pepper spray them during prayer

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22 Oct 2016. Miqamwes M'teoulin being treated after police OC sprayed him twice in the face without provocation. Photo by Rob Wilson Photography
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22 Oct 2016. Warrior Women being trailed by Riot Police near DAPL construction and desocrated sacred sites. Photo by Rob Wilson Photography
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22 Oct 2016. Elder Water Protector being flanked by Riot Police. Photo by Rob Wilson Photography
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22 Oct 2016. Young Water Protectors trailed by an armored vehicle and what appears to be an officer armed with a semi-automatic rifle. Photo by Rob Wilson Photography

.22 Oct 2016. A Water Protector walks away from the police lurking behind him in an open field near DAPL construction. Photo by Rob Wilson Photography
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22 Oct 2016. A Water Protector being rinsed off after Police OC sprayed him without provocation 3 miles west of Highway 1806. Photo by Rob Wilson Photography

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Brutal police attack Oct. 22. Photo by Walter Ruiz
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Brutal police attack on water protectors Oct. 22. Photo by Walker Ruiz
Unprovoked brutal attack on water protectors today. Screen capture Censored News.
Screen capture by Censored News.

Police beat Native American water protectors with batons and pepper spray them in unprovoked attack

By Brenda Norrell
Censored News
STANDING ROCK, North Dakota -- The Morton County Sheriff and police carried out a brutal attack on Native Americans as they gathered for prayer today. Native Americans and supporters defending the water of the Missouri River from the Dakota Access Pipeline were beaten with batons by police, pepper sprayed and thrown to the ground.
More than 80 water protectors were arrested today during the unprovoked attack by police on peaceful water protectors. The police are defending a private pipeline.
Tipiwizin, a young mother at Standing Rock, called out for help, urging all those who came and camped at Standing Rock to return.
"The police, the military, armored vehicles, assault rifles, they are chasing our people, surrounded our people, chasing them into the river."
Watching the live stream today, she said, "I started crying, holding my baby daughter, because we come from people who were chased down, hunted down and gunned down by the military and the police. History is repeating itself. All those stories we were raised with, that we carry in our hearts, of our people, fleeing, running, racing, for our lives, just to live. We are the grandchildren and great grandchildren of those who survived the US Government federally mandated massacres on our people."
Watch videos of Saturday's brutal attack by police at Censored News:
http://bsnorrell.blogspot.com/2016/10/breaking-standing-protectors-face.html
Sunday, Oct. 23, 2016: Breaking News from Water Protectors Road Barricade
http://bsnorrell.blogspot.com/2016/10/standing-rock-water-protectors-defend.html
In an unprecedented amount of lies in the media, the Morton County Sheriff has falsely accused the water protectors of being violent and being armed. The local media, revealing a long history of racism, have repeated these lies in the media.
In a steady stream of misinformation, the mainstream media reported that President Obama had halted the pipeline construction. Again, this is misinformation. DAPL, owned by Kelcy Warren, who has become the face of genocide for Native Americans, is racing to complete the construction.
The DAPL construction is near a burial place where water protectors were attacked with vicious dogs and pepper sprayed on Sept. 3.
The Morton County Sheriff is engaging in strip searches and false imprisonment of Native American men and women, who are jailed without credible charges. The owner of the land where the Camp of the Sacred Stones Camp is located, said her daughter was arrested without cause, while traveling in a car away from the area, strip searched and jailed naked.Dakotas, Lakotas and Nakotas here say this abuse is recreating the historical trauma, a result of their ancestors who were murdered and subjected to sexual violence by the Calvary and U.S. military.
Watch the videos of today as police attack Native Americans in prayer:
Photos from video screen captures.

June 19, 2011

Police used excessive force on San Francisco Peaks defenders




Protest Halts Snowbowl Waste water Pipeline Construction End Destruction and Desecration of Holy San Francisco Peaks

By Brenda Norrell
Censored News
http://www.bsnorrell.blogspot.com/
Photo by Beth Lavely

FLAGSTAFF, Ariz. -- Navajos and others defending sacred San Francisco Peaks said police used excessive force on those taking action to defend the Peaks from the use of sewage water for snowmaking on the mountain. Native American medicine men conduct ceremonies on the mountain, and gather herbs for healing ceremonies, on the Peaks, long sacred to 13 area American Indian Nations.

"Those who cut us out endangered our well being ignoring the screams to stop. They treated our bodies the way they’re treating this holy mountain. If they had their way, we wouldn’t even exist. There is more danger in doing nothing. To idly stand by and allow this destruction and desecration is to allow cultural genocide," said one of the young woman who locked down.

At sunrise on Thursday, June 16, 2011, more than a dozen people stopped ski area construction on the Holy San Francisco Peaks. Six individuals used various devices to lock themselves to heavy machinery and to each other inside the waste water pipeline trench, the six arrested said in a statement released Sunday, June 19.

Kristopher Barney, Dine’ (Navajo) and one of the six who locked himself to an excavator stated, “This is a continuation of years of prayers and resistance. It is our hope that all Indigenous Peoples, and all others, throughout the North, East, South and West come together to offer support to the San Francisco Peaks and help put a stop to Snowbowl's plan to further destroy and desecrate such a sacred, beautiful and pristine mountain!”

“What part of sacred don’t they understand? Through our actions today, we say enough! The destruction and desecration has to end!” said Marlena Teresa Garcia, 16, a young Diné woman and one of the six who chose to lock down. “The Holy San Francisco Peaks is home, tradition, culture, and a sanctuary to me, and all this is being desecrated by the Arizona Snowbowl Ski Resort. So now I, as a young Diné woman, stand by Dook’o’osliid’s side taking action to stop cultural genocide. I encourage all indigenous youth to stand against the desecration that is happening on the Holy San Francisco Peaks and all other sacred sites," said Garcia after being arrested and released.

Those arrested decribed the action and excessive police force in their statement released Sunday:

A banner was hung on the side of the trench that read “Defend the Sacred!” where two protesters were locked together. Over the half mile of open construction, the group chanted, “Protect Sacred Sites, Defend Human Rights!”, “No desecration for recreation!” “Stop the cultural genocide! Protect the Peaks!” and “Human health over corporate wealth."

“This waste water pipeline will poison the environment and to children who may eat snow made from it. Snowbowl plans to spray millions of gallons of waste water snow, which is filled with cancer causing and other harmful contaminants, as well as clear-cut over 30,000 trees. The Peaks are a pristine and beautiful place, a fragile ecosystem, and home to rare and endangered species of plants and animals,” said Evan Hawbaker, one of the protesters who locked themselves to the excavator.

“The U.S. Department of Agriculture, the U.S. Forest Service, the City of Flagstaff Mayor and Council, and the Arizona Department of Environmental Quality are all responsible for permitting Snowbowl to endanger public health, destroy the environment, and desecrate the Holy Peaks,” said Nadia del Callejo, one of the protesters who locked themselves in the trench.

“Throughout history, acts of resistance and civil disobedience have been taken by young and old against injustices such as this. This action is not isolated but part of a. continued resistance to human rights violations, to colonialism, to corporate greed, and destruction of Mother Earth,” added Del Callejo.

A separate group of supporters, some wearing hazmat suits, “quarantined” the entrance to Snowbowl Road. Banners were stretched across the road that read “Protect Sacred Sites” and “Danger! Health Hazard - Snowbowl."

Shortly after initiating the action, a Snowbowl security guard spotted two people locked to an excavator. By 6:00 a.m. more than 15 armed agents, including the Coconino County Sheriff’s Department, City of Flagstaff Police, and the FBI stormed the mountain.

At approximately 7:30 a.m., the Flagstaff Fire Department, assisted by County Sheriffs, started aggressively cutting two people from the excavator.

“We took every possible measure to ensure our safety. Our actions were taken to safeguard Indigenous Peoples’ cultural survival, our community’s health and this sensitive mountain ecosystem. Those who cut us out endangered our well being ignoring the screams to stop. They treated our bodies the way they’re treating this holy mountain. If they had their way, we wouldn’t even exist. There is more danger in doing nothing. To idly stand by and allow this destruction and desecration is to allow cultural genocide," said one of the young woman who locked down.

“The police's use of excessive force was in complete disregard for my safety. They pulled at my arms and forced my body and head further into the machine, all the while using heavy duty power saws within inches of my hand,” said Hawbaker.

After being cut out, the two were treated by paramedics and arrested for trespassing. The police, firefighters, and paramedics then proceeded to cut two people locked in a nearby trench.

Extraction took about forty minutes and the two were immediately seen by paramedics after being unlocked. One of the individuals sustained injuries to their arm from abusive force. Both were charged with trespassing, with an added charge of “contributing to the delinquency of a minor," for one of the individuals. Police proceeded to unlock the last group who was also inside the trench nearby.

"Our only offense was resistance; resistance of the implications that's Snowbowl's development exudes. The police's defense was to implement tactics of fear to reach a goal, essentially to continue construction as soon as possible. Our safety was prioritized second to Snowbowl's demands. I was one of the demonstrators in the trench, locked at the neck with a partner. I was not aggressive. My lock was sawed through, inches away from both of our heads, secured solely and recklessly by the hands of a deputy. During the process, we were repeatedly asked to chant to reaffirm our consciousness. The police's response was hasty, taking about ten minutes in total--it was dehumanizing," said Haley Sherwood, one of the last protester to be cut out.

Both women were also seen by paramedics. One was sent to the hospital for heat exhaustion although she denied feeling dehydrated. She started to faint during the extraction when police, EMTs, and firefighters attempted to force the pair to stand and move them from their location. Both women repeatedly expressed that they were being hurt and choked by law enforcement officers and firefighters. Both of the protesters were arrested for trespassing, with additional charges to one of them for “contributing to the delinquency of a minor” and “endangerment."

Four of the protesters were taken to County Jail. The two young people were taken to Coconino County Juvenile Detention Center. FBI agents attempted to question four of those arrested.

As word spread about the demonstration to protect the Peaks, overwhelming support and solidarity poured in from throughout the community and internationally.

Bail was raised shortly after the arrests. All demonstrators were released by 3:30 p.m. Three of the protesters, including Marlena Teresa Garcia, immediately filed a report for excessive use of force after being released.

“How can we be trespassers on our Holy Site?” questioned Barney. “I do not agree with these and the other charges, we will continue our resistance.”

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Press contact for those defending San Francisco Peaks:
Contact: Beth Lavely Tel: 928.254.1064 protectpeaks@gmail.com
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