The 8th Circuit Court of Appeals has rendered a decision in the case of Eric Poemoceah v. Morton County on September 25. The court's ruling affirmed some parts, reversed others, and remanded the case for further proceedings regarding Poemoceah's Fourth Amendment claim against defendant Benjamin Swenson.
"Eric Poemoceah, an Oklahoma resident and member of the Comanche Nation, participated in a protest against the Dakota Access Pipeline at the Standing Rock Reservation in North Dakota. On February 22, 2017, while attempting to negotiate with law enforcement officers for the peaceful exit of elders from the protest site, Poemoceah was tackled and arrested by officers, including Benjamin Swenson. He sustained injuries, including a pelvic fracture, and was charged with obstruction of a government function, a charge that was later dismissed."
Initially, the United States District Court for the District of North Dakota dismissed Poemoceah’s complaint with prejudice. The court granted defendants' motions to dismiss based on qualified immunity concerning First and Fourth Amendment claims and found other claims inadequately pled. Additionally, Poemoceah’s request to amend his complaint was denied.
Upon review by the United States Court of Appeals for the Eighth Circuit, it was determined that Poemoceah plausibly alleged a Fourth Amendment excessive force claim against Swenson. The facts suggested that Swenson's use of force might not have been objectively reasonable. However, other claims were dismissed: deliberate indifference to medical needs claim; First Amendment retaliation claim; supervisory liability claims; Monell claim against Morton County; and intentional infliction of emotional distress under North Dakota law. The appellate court also upheld the district court’s denial of Poemoceah’s motion to amend his complaint.
The case will proceed further on the Fourth Amendment claim against Swenson as directed by this latest ruling.
Read more about this decision at https://ecf.ca8.uscourts.gov/opndir/24/09/211207P.pdf