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Cases of Standing Rock Water Protectors Critically Injured to be Heard by Appeals Court
The civil rights lawsuits of two Standing Rock Water Protectors who were critically injured by the excessive force of law enforcement will be heard by a federal appeals court in Minnesota during December. Marcus Mitchell, Navajo, was blinded in his left eye after being shot by police while peacefully protesting the Dakota Access Pipeline. Sophia Wilansky of New York was blasted with an explosive by law enforcement that tore apart her right arm. Both were targeted at Backwater Bridge. Both were denied justice by a North Dakota Court.
Critically Injured Water Protectors' Cases at Standing Rock to be Heard by Federal Appeals Court
By Brenda Norrell, Dec. 4, 2025
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 North Dakota, in January of 2017. For more than eight years, justice has been denied Mitchell because of the ruling of a North Dakota court.
Sophia Wilansky's arm was blown apart when she was struck with an explosive on Backwater Bridge on Nov. 21, 2016. Wilansky and Mitchell will have their cases heard before the Eighth Circuit Court of Appeals in St. Paul, Minnesota during December.
Lawsuits Reveal Extreme Cruelty of Law Enforcement
The lawsuits filed against law enforcement for excessive force, resulting in critical injuries at Standing Rock, reveal the extreme cruelty of Morton County deputies, Bismarck police and other law enforcement and federal agents.
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 agents then stole her evidence in the hospital.
A North Dakota judge denied them both justice.
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, the source of water for millions, 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."
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.
"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.
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 filed by Mitchell is being appealed from North Dakota District Court. The current case is Marcus Mitchell v. Kyle Kirchmeier in the Court of Appeals for the Eighth Circuit, before the appeals court in Minnesota. Oral arguments will be held in St. Paul, Minnesota in December before Appeals Court Judges Loken, Smith, and Kobes.
Federal Appeals Court to hear the case of Sophia Wilansky, whose arm was blown apart at Standing Rock
The Eighth Circuit Court of Appeals will hear the case of Sophia Wilansky, whose arm was blown apart at Backwater Bridge in Standing Rock, is scheduled for December 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. Wilansky's case will be heard by the Appeals Court in December.
Read more at Censored News
Marcus Mitchell gives deposition in Albuquerque, by Censored News, 2023
https://bsnorrell.blogspot.com/2023/09/dine-marcus-mitchell-shot-in-eye-at.html
The shooting of Marcus Mitchell, The Guardian in 2018
https://www.theguardian.com/us-news/2018/oct/04/standing-rock-marcus-mitchell-shooting-charges
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 who Testified on Excessive Force at Standing Rock, and the militarization of the Tohono O'odham Nation, before the Inter-American Commission on Human Rights in Jamaica, by Censored News
https://bsnorrell.blogspot.com/2019/05/live-from-jamaica-inter-american.html
Censored News is in its 19th year as a service to Indigenous Peoples and human rights. It was created due to the censorship in Indian country in 2006. Today, it is a collective of writers. It has no ads or revenues. Our pages and accounts have been repeatedly shut down by social media owners. Censored News content may not be used in any way for profit or revenues.
By Brenda Norrell, Dec. 4, 2025
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 North Dakota, in January of 2017. For more than eight years, justice has been denied Mitchell because of the ruling of a North Dakota court.
Sophia Wilansky's arm was blown apart when she was struck with an explosive on Backwater Bridge on Nov. 21, 2016. Wilansky and Mitchell will have their cases heard before the Eighth Circuit Court of Appeals in St. Paul, Minnesota during December.
Lawsuits Reveal Extreme Cruelty of Law Enforcement
The lawsuits filed against law enforcement for excessive force, resulting in critical injuries at Standing Rock, reveal the extreme cruelty of Morton County deputies, Bismarck police and other law enforcement and federal agents.
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 agents then stole her evidence in the hospital.
A North Dakota judge denied them both justice.
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, the source of water for millions, 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."
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.
"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.
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 filed by Mitchell is being appealed from North Dakota District Court. The current case is Marcus Mitchell v. Kyle Kirchmeier in the Court of Appeals for the Eighth Circuit, before the appeals court in Minnesota. Oral arguments will be held in St. Paul, Minnesota in December before Appeals Court Judges Loken, Smith, and Kobes.
Federal Appeals Court to hear the case of Sophia Wilansky, whose arm was blown apart at Standing Rock
The Eighth Circuit Court of Appeals will hear the case of Sophia Wilansky, whose arm was blown apart at Backwater Bridge in Standing Rock, is scheduled for December 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. Wilansky's case will be heard by the Appeals Court in December.
Read more at Censored News
Marcus Mitchell gives deposition in Albuquerque, by Censored News, 2023
https://bsnorrell.blogspot.com/2023/09/dine-marcus-mitchell-shot-in-eye-at.html
The shooting of Marcus Mitchell, The Guardian in 2018
https://www.theguardian.com/us-news/2018/oct/04/standing-rock-marcus-mitchell-shooting-charges
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 who Testified on Excessive Force at Standing Rock, and the militarization of the Tohono O'odham Nation, before the Inter-American Commission on Human Rights in Jamaica, by Censored News
https://bsnorrell.blogspot.com/2019/05/live-from-jamaica-inter-american.html
Censored News is in its 19th year as a service to Indigenous Peoples and human rights. It was created due to the censorship in Indian country in 2006. Today, it is a collective of writers. It has no ads or revenues. Our pages and accounts have been repeatedly shut down by social media owners. Censored News content may not be used in any way for profit or revenues.
For more information:
https://bsnorrell.blogspot.com/2025/12/nav...
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