DAPL civil rights lawsuit complaint - assault Sophia Wilansky v. Morton County ND Police et al

DAPL civil rights lawsuit complaint - assault - defamation and more (It appears possible -  intentional mayhem - gross intentional infliction of bodily and psychological harm - of course if the allegations are true).

IN THE UNITED STATES DISTRICT COURT
           DISTRICT OF NORTH DAKOTA


Sophia Wilansky, Plaintiff v. MORTON COUNTY, NORTH DAKOTA; "JOHN DOE" law enforcement officer in his personal capacity; KYLE KIRCHMEIER, in his personal and official capacities; PAUL LANEY, in his personal capacity; and THOMAS IVERSON, in his personal capacity, Defendants. 

Case No. 1:18-cv-00236-CSM 

Note there is a one page - it appears, sealed document that may be - maybe Exhibit One - a photograph of the injury (?). The injury looked like this: 

Plaintiff Counsel: Edward C. Barnidge & Benjamin M. Stoll
Williams & Connolly LLP
725 Twelfth Street Northwest,
Washington DC 20005

For the Defendants - Counsel  Randall J. Bakke
Bakke Grinolds Wiederholt
300 West Century Avenue, Bismarck, ND 58503 

(Note - quotes following some of the pages of the complaint - are those from the complaint itself - executed by Mr. Barnidge for the Plaintiff, Ms Sophia Wilansky.) 















"The munition hit her left forearm and exploded, nearly severing her hand and altering her life forever. This brazen act violated customary law enforcement practice, basic safety standards, manufacturer warnings and specification, ordinary standards of care, and clearly established law." 





" 5. This civil action arises from the horrific injury Sophia suffered as a result of the use of excessive force by law enforcement, and from the reputational injuries Sophia suffered as a result of law enforcement's attempts to blame Sophia for her own injury."




"Defendant Kirchmeier had ultimate decision making authority over the law enforcement response to the Dakota Access Pipeline protests and had supervisory authority over the law enforcement officers who responded to those protests."  





" The initial plan called for the pipeline to cross the Missouri River several miles north of Bismarck, North Dakota. 19.  Citizens of Bismarck opposed this plan on the grounds that it threatened the city's water supply, which comes from the Missouri River." 




"26. Oceti Sakowin sat on federal land. The U.S. Army Corp of Engineers consented to the water protectors residing on this land."  




" 30. On September 3, 2016, water protectors conducted a DAPL protest on a pipeline worksite. Private security guards hired by Energy Transfer Partners arrived with security dogs, which attacked and bit several water protectors. The clash made national news and resulted in widespread criticism of Energy Transfer Partners and Morton County's law enforcement officials."  



" 33. On September 8, 2016, the Governor of North Dakota activated the North Dakota National Guard, which, along with the North Dakota State Highway Patrol, began routinely assisting the Morton County Sheriff's Office in responding to DAPL protests." 



(39.) ..... " many of these out-of-state law enforcement officers lacked adequate training in the appropriate use of less-lethal weapons."



" 44. The purpose of less-lethal weapons is pain compliance, or the intentional infliction of pain, distress, and fear to compel compliance with law enforcement's desires."   






" 50. On November 18, almost two dozen federal congresspersons wrote letters to President Obama expressing shock about the " increasingly hostile tactics deployed by state and local law enforcement officials.""






" 67. Over the last twenty years, numerous Courts have ruled that throwing flashbangs without conducting a prior visual inspection of the deployment area to ensure no one is present constitutes unconstitutional excessive force."  




" E. On November 20, 2016 Law Enforcement Officers Respond Violently to a DAPL Protest on Backwater Bridge."




" F. In the Early Morning Hours of November 21, 2016, Sophia is Grievously Injured by Law Enforcement."




" 114. While Sophia lay in the road, bleeding and crying out in pain, the law enforcement officers on the scene laughed and cheered. They congratulated Defendant Doe on his marksmanship.  115. None of the officers offered to assist Sophia."  







" 126. In an attempt to avoid the ensuing negative media coverage, Defendants Kirchmeier, Iverson, Laney, and Morton County embarked on a public campaign of misinformation and false accusations."




" 136.  On December 3, Defendants Laney and Kirchmeier gave another news conference in which they again denied that law enforcement was responsible for Sophia's injury." 




" 148.  On information and belief, Defendants Kirchmeier, Iverson, Laney and Morton County made the defamatory statements above, and others like them, knowing that they were untrue, with actual malice, or with reckless indifference to the unreasonable risk that they were false.  149.  On information and belief, Defendants Kirchmeier, Iverson, Laney, and Morton County made the defamatory statements above, and others like them, knowing that they would damage Sophia's reputation in order to discredit her and deflect blame for their injury away from Morton County and the law enforcement officers acting under its authority, supervision, and direction." 

" 150.  On November 22, 2016, while Sophia was still recovering from her first surgery and prepping for her second one, FBI agents arrived at her hospital room and - without a warrant - confiscated her clothes and the shrapnel removed from her arm." 



" 152.  Consistent with its previous attempts to deflect blame for her injury, law enforcement did everything in its power to prevent Sophia from learning the identity of Defendant John Doe."





" I. Sophia Continues to Suffer the Physical, Mental, Emotional, Economic, and Reputational Harms Caused by Law Enforcement's Actions."

" 170.  Since her injury, Sophia has had five surgeries to save and reconstruct her arm. These surgeries were painful and invasive, and they caused significant and permanent damage to many parts of Sophia's body. " 






" 186. Sophia unwillingly lost her privacy. She started receiving threats of violence. People scorn her on social media and post  hateful messages about her online. People have created fake Facebook pages in her name that still exist today (despite repeated requests from her to Facebook to remove them)."


" FIRST CAUSE OF ACTION EXCESSIVE FORCE IN VIOLATION OF 42 U.S.C. S 1983
(FOURTH AMENDMENT)
(John Doe Law Enforcement Officer)



" SECOND CAUSE OF ACTION
EXCESSIVE FORCE IN VIOLATION OF 42 U.S.C. S 1983
(FOURTEENTH AMENDMENT)
(John Doe Law Enforcement Officer)"

" 203.  Defendant Doe's action shocks the conscience." 



"THIRD CAUSE OF ACTION
EXCESSIVE FORCE IN VIOLATION OF 42 U.S.C. S 1983
(MONELL v.DEP'T OF SOCIAL SERVS., 436 U.S.658 (1977))
(Morton County and Kyle Kirchmeier in his official capacity)" 


" A. Defendant Kirchmeier Directed, Approved, or Ratified the Objectively Unreasonable and Unconstitutional Use of Explosive Less-Lethal Munitions by His Subordinates." 




" FOURTH CAUSE OF ACTION
ASSAULT AND BATTERY
(John Doe Law Enforcement Officer and Morton County)




"FIFTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(John Doe Law Enforcement Officer and Morton County)"

" 232. Defendant Doe intentionally launched an explosive munition at Sophia.
233.  This conduct was extreme and outrageous.
234.  As a direct and foreseeable consequence of this extreme and outrageous conduct, Sophia has suffered and continues to suffer severe and permanent bodily harm, as well as severe emotional distress and mental anguish." 



" SIXTH CAUSE OF ACTION
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

(John Doe Law Enforcement Officer and Morton County)"



"SEVENTH CAUSE OF ACTION
NEGLIGENCE AND VIOLATION OF NORTH DAKOTA CENTURY CODE SS 9-10-01 AND 9-10-86
(John Doe Law Enforcement Officer, Morton County, and Kyle Kirchmeier in his official capacity)"




"EIGHTH CAUSE OF ACTION
DEFAMATION AND VIOLATION OF NORTH DAKOTA CENTURY CODE S 14-02-01

(Paul Laney, Thomas Iverson, Morton County, and Kyle Kirchmeier in both his official and personal capacities)"



"PRAYER FOR RELIEF"

" A. Economic compensatory damages of millions of dollars, in a particular amount to be established at trial, as compensation for Sophia's past and (page 48) future medical care, rehabilitation service, loss of earning capacity,  and earning capacity, and loss of employment opportunities;"


" B. Noneconomic compensatory damages of millions of dollars,"

" E. Punitive damages in an amount to be established at trial;"





" JURY DEMAND

Plaintiff hereby requests a trial by jury on all claims so triable."

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END OF COMPLAINT - Visit again - as the answer is expected - in not 20 days - but in some weeks - or months..
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Commentary and links may grow below..

re pattern of Police Corruption in North Dakota and endless police lies to cover-up killings etc.


which deals in part of Police killing their own Officer Jason Moszer 10-11 FEB 16 and blaming a member of the public.  

Remember Andrew Sadek killed (by Police ?) over 3 gm of weed?

Dustin Irwin Native American refused medical care at Ward Co jail Minot by Sen John Hoeven's personally picked Sheriff Steve Kukowski? Mr. Irwin died.

A cornerstone document:






MORE - MORE TO COME TO INCLUDE THE CONCLUSION THAT CORRUPT - CORRUPT NORTH DAKOTA - THE FOURTH CLASS STATE IS SINGULARLY UNWORTHY OF CONTINUED STATEHOOD AND SHOULD BE REVERTED BACK TO A TERRITORY.
MORE - MANY MORE LINKS TO COME.

Chris Hedges speaks at The Sanctuary for New Media, Troy, New York 3 November 2018