BISMARCK, N.D. – A federal judge in North Dakota has dismissed an excessive-force lawsuit filed by a woman from New York who was injured in an explosion during protests against the Dakota Access oil pipeline.
U.S. District Court Judge Daniel Traynor granted motions to dismiss the 2018 lawsuit on Wednesday and Friday. Sophia Wilansky, the plaintiff, suffered injuries to her left forearm when an explosive munition or flashbang went off during a clash between demonstrators and law enforcement officers on a blocked highway bridge in November 2016. The lawsuit named Morton County, its sheriff, and two officers as defendants.
According to Judge Traynor, Wilansky’s amended complaint from 2023 made it clear that the munitions and grenades used by the officers were intended to disperse her from the area, not to physically stop her. The judge also noted that the complaint failed to allege that the officers were trying to arrest her at the time, which he deemed a significant omission.
The protests against the Dakota Access pipeline took place from 2016 to 2017, with thousands of people camping and demonstrating near the pipeline’s controversial Missouri River crossing. The Standing Rock Sioux Tribe, whose reservation is upstream of the crossing, had long opposed the pipeline due to concerns about the potential risk of an oil spill contaminating their water supply. An ongoing court-ordered environmental review of the pipeline crossing is exploring options such as removal, abandonment, rerouting, or increasing safety features. A final decision is expected later this year.
In her lawsuit, Wilansky alleged that the officers had attacked her with non-lethal and explosive munitions, causing severe injuries that nearly resulted in the amputation of her hand. She had sought millions of dollars in damages.
Neither Wilansky’s attorney nor her father provided immediate comments on the dismissal of the lawsuit. The defendants’ attorneys and Morton County Sheriff Kyle Kirchmeier did not respond to requests for comments either, with the possibility of an appeal cited as the reason for Kirchmeier’s silence.
Judge Traynor acknowledged the severity of Wilansky’s injuries in a footnote, expressing his disapproval of the alleged actions by the officers. While he recognized the importance of officer safety, he condemned the alleged conduct if proven true, describing it as appalling.
In addition to this lawsuit, Wilansky had filed a similar complaint against officers last year, which was also dismissed by Judge Traynor. There are several other related lawsuits connected to the pipeline protests that are still ongoing in the courts.
It is worth noting that the Dakota Access pipeline has been in operation since 2017, transporting oil despite the legal challenges and controversies surrounding its construction.