November, 28 2016, 02:45pm EDT
For Immediate Release
Contact:
Tasha Moro, NLG Communications Director: communications@nlg.org
Attorney Rachel Lederman rlederman@beachledermanlaw.com
Attorney Brandy Toelupe, btoelupe@tildentoelupe.com
Water Protector Legal Collective Files Suit for Excessive Force against Peaceful Protesters
CANNON BALL, N.D.
Today, the Water Protector Legal Collective (WPLC-formerly Red Owl), an initiative of the National Lawyers Guild (NLG), filed suit in US District Court against Morton County, Morton County Sheriff Kyle Kirschmeier, and other law enforcement agencies for using excessive force against peaceful Water Protectors on the night of November 20, 2016.
The class action suit, filed on behalf of persons who were injured on the night of November 20 and early morning of November 21, seeks an immediate injunction preventing the Morton County Sheriff's Department and other law enforcement from using impact munitions such as rubber bullets and lead-filled "beanbags," water cannons and hoses, explosive teargas grenades and other chemical agents against protesters.
Beginning on the evening of November 20, officers from the Morton County Sheriff's Department and assisting agencies confronted peaceful Water Protectors at a bridge near the Standing Rock protest camp and within the boundaries of Oceti Sakowin (Seven Council Fires, or Great Sioux Nation) treaty lands. Without giving any warnings or opportunity to disperse, officers fired on them with highly dangerous munitions, chemical agents, a water cannon and hoses in freezing weather. More than 200 Water Protectors were injured.
"The Morton County Sheriff's office not only violates the constitutional rights of peaceful protesters, but their actions highlight the long history of abuse against Indigenous peoples," said Brandy Toelupe, WPLC lawyer. "From the beginning, governments have used their latest technologies to take land and resources from Native nations and oppress Indigenous peoples. Sheriff Kirchmeier's actions make it clear that nothing has changed," she added.
The complaint describes the excessive force with which the eight class representatives were met while peacefully protesting. Four are Native, including two members of the Lakota nation. Jade Kalikolehuaokakalani Wool had two grenades blow up near her head, knocking her down, burning her face and sending shrapnel into it, and causing her to be hospitalized. Crystal Wilson was shot with a water cannon, tear gassed and shot with a munition. David Demo was filming police when, without warning, they shot him with a water cannon and then in the hand with a munition. He was hospitalized with broken bones and was told he would need reconstructive surgery. Gary Dullknife III saw a Water Protector knocked to the ground by a water cannon. As police sprayed her on the ground, he tried to move her away. He was shot in the chest, stomach and leg by impact munitions. Mariah Marie Bruce was peacefully protesting when police sprayed her with water cannons. She was then hit in the genitals with a grenade, and was hospitalized. Frank Finan was taking pictures when he was shot in the abdomen and knocked to the ground by a rubber bullet. Israel Hoagland-Lynn tried to help two people who had been shot with water cannons and rubber bullets and was shot in the back of his head by an impact munition. He lost consciousness, was hospitalized, and needed 17 staples for a head wound. Noah Michael Treanor, while praying, was shot by the water hoses or cannon. Once on the ground, he was shot in the head by an impact munition. Bleeding badly, he was hospitalized.
"The civil rights violations that night were deliberate and punitive," said Rachel Lederman, WPLC lawyer. "The Morton County Sheriff's Department's illegal use of force against the Water Protectors has been escalating. It is only a matter of luck that no one has been killed. This must stop."
Those concerned are urged to call local and federal agencies below to demand (1) immediate end to construction of the $3.8 billion Dakota Access Pipeline, (2) the immediate cessation and a full investigation into law enforcement abuses, (3) dropping felony charges against water protectors from the October 27 police raid, and (4) permitting the Water Protectors to stay at their current encampment until the DAPL's application to drill under Lake Oahe and the Missouri River is permanently denied.
* White House: 202-456-1414 or sign the Standing Rock Sioux Tribe's White House petition standwithstandingrock.net/take-action
* White House Situation Room, 202-456-9431
* North Dakota Governor's Office: 701-328-2200
* Morton County Sheriff's Office: 701-667-3330
* Morton County State's Attorney's Office: 701-667-3330
* Army Corps of Engineers-Bismarck 701-255-0015
The Water Protector Legal Collective is the National Lawyers Guild legal support team for those engaged in resistance to the Dakota Access Pipeline. It maintains a 24/7 presence on-site at the Oceti Sakowin camp near Cannon Ball, North Dakota.
Related Documents:
* Temporary Restraining Order Motion
* Temporary Restraining Order Memo
* Class Action Complaint
Donations to legal support efforts may be made to:
* Water Protector Legal Collective: fundrazr.com/campaigns/11B5z8 or nlg.org/donate/waterprotectorlegal for tax-deductible contributions.
* Sacred Stone Legal Defense Fund: fundrazr.com/campaigns/d19fAf
For updates, visit waterprotectorlegal.org, and follow the WPLC at Facebook.com/WaterProtectorLegal and Twitter @WaterProtectUs.
The National Lawyers Guild (NLG) works to promote human rights and the rights of ecosystems over property interests. It was founded in 1937 as the first national, racially-integrated bar association in the U.S.
(212) 679-5100LATEST NEWS
Bayer Continues Push to 'Close the Door' on Glyphosate Victims at US Supreme Court
"Bayer is intent on preserving its right to harm at all costs—a pursuit the Trump administration is all too willing to endorse," said a Food and Water Watch campaigner.
Apr 27, 2026
As pesticide critics held a "The People v. Poison" rally outside the US Supreme Court on Monday, the justices heard arguments in Monsanto Company v. Durnell, a case whose conclusion is expected to have sweeping implications for cancer patients trying to take on the Roundup maker—now owned by Bayer—in the country's legal system.
The case stems from John Durnell's 2019 lawsuit against Monsanto in Missouri state court, alleging that exposure to the herbicide Roundup—whose active ingredient is glyphosate—caused his non-Hodgkin lymphoma, a type of blood cancer. A jury found that the company failed to warn users of the risks associated with the weedkiller, and awarded Durnell $1.25 million in damages.
Bayer argued before the Supreme Court on Monday that Durnell—and others like him—should not be able to bring such a suit because the Federal Insecticide, Fungicide, and Rodenticide Act preempts state rules for labeling pesticides when the Environmental Protection Agency doesn't require a cancer warning. Bayer and the EPA continue to insist that glyphosate is safe, despite the World Health Organization’s International Agency for Research on Cancer classifying it as probably carcinogenic to humans over a decade ago.
As The Associated Press and Reuters reported, the justices appeared "divided" on Monday, with the AP noting that several "seemed sympathetic to the company's argument that it can't be sued under state law because federal regulators have found Roundup likely doesn't cause cancer. Others, though, grilled attorneys about whether that wrongly stops states from responding to changing research."
Patti Goldman, senior attorney at Earthjustice—which filed an amicus brief in this case on behalf of farmworker organizations—said in a statement that "questions from the justices recognized that the Environmental Protection Agency approves pesticide labels based on the evidence before the agency at a single moment in time, but that evidence can become outdated as real-world exposure grows and scientific studies document resulting harms."
"Federal law requires the manufacturers to update their labels to provide sufficient warnings and directions to protect the public," Goldman stressed, "and state failure-to-warn claims reinforce that obligation—while ensuring children, families, and workers have a path to seek remedies for the harm they suffer."
Other groups that have submitted amicus briefs include Environmental Protection Network—which is made up of former EPA staffers—and the Center for Food Safety, one of the advocacy organizations that joined the rally outside the court. The event was also attended by members of Congress from both major political parties.
"This isn't left v. right—it's right v. wrong," said US Sen. Cory Booker (D-NJ). "Big corporations and their lobbyists have captured both parties, putting profits over our families' health. I've fought Monsanto and Bayer for years, and just filed an amicus brief to the Supreme Court to protect our right to sue them for illnesses caused by their products."
Despite President Donald Trump's campaign promise to "Make America Healthy Again," the Republican recently issued an executive order mandating the production of glyphosate, and the US Department of Justice has sided with Bayer in this case—part of a broader trend of his administration serving the pesticide industry's interests.
"Monsanto Company v. Durnell will have enormous consequences for environmental health litigation," Food and Water Watch legal director Tarah Heinzen said Monday. "Bayer is intent on preserving its right to harm at all costs—a pursuit the Trump administration is all too willing to endorse. This case threatens to close the courthouse doors to the many Americans harmed by pesticides."
Heinzen argued that "should the Supreme Court hold that the Environmental Protection Agency's failed pesticide regulatory scheme preempts state failure to warn lawsuits, leaving tens of thousands of sick Americans without legal recourse, Trump and his industry-dominated EPA will be to blame."
"This high stakes case should be a wake-up call for Congress to act," the campaigner added. "Industrial agriculture's pesticide addiction is poisoning America. Congress must pass the Pesticide Injury Accountability Act to safeguard access to justice for all harmed by toxic pesticides."
As The American Prospect noted Monday in its "three-part series on Bayer's crusade for immunity from Roundup-related cancer claims," the company "is now aggressively lobbying Congress to permanently close the door" on the weedkiller's victims, and managed to get an immunity provision included in the 2026 Farm Bill that advanced out of the US House Agriculture Committee last month.
After joining the rally at the Supreme Court on Monday, Friends of the Earth (FOE) US led a protest outside Bayer's headquarters in downtown Washington, DC, delivering hundreds of thousands of petition signatures are calling on the company to phase out the production of toxic pesticides, including glyphosate and neonicotinoids.
"People are sick and tired of being exposed to toxic pesticides while pesticide corporations shirk responsibility," said FOE senior campaigner Sarah Starman, who spoke at the rally. "Bayer and other pesticide companies should not be allowed to profit from chemicals that threaten our health, harm our environment, and undermine the future of our food system. The hundreds of people who rallied outside the Supreme Court and the 200,000 people who signed comments to Bayer are demanding change."
In the leadup to the arguments before the nation's top court, the Environmental Working Group last week sued the Trump administration at the US Court of Appeals for the District of Columbia Circuit, accusing the EPA of unlawfully delaying its response to an EWG petition seeking stronger restrictions on glyphosate.
"The EPA's silence leaves families in the dark and falls far short of its responsibility to protect public health," declared EWG president and co-founder Ken Cook. "It's time for the agency to stop stalling and do its job."Keep ReadingShow Less
'This Is Actually Illegal': DeSantis Unveils Unconstitutionally Rigged Congressional Map
"Republicans lost a HUGE special election in Florida and now they're determined to CHEAT in the November election by rigging the maps in a back room deal," said one observer.
Apr 27, 2026
Republican Florida Gov. Ron DeSantis on Monday unveiled his plan to unconstitutionally gerrymander the Sunshine State's congressional map amid pressure from the Trump administration, a move GOP officials hope will help their party retain control of both houses of Congress after November's midterm elections.
DeSantis handed state lawmakers a proposed map that would dramatically redraw the districts of several House incumbents, giving legislators less than 24 hours to review the redistricting plan ahead of a special session on Tuesday during which the Republican-controlled Legislature is expected to approve the gerrymandering.
Republicans currently hold 20 of Florida's 28 US House seats. The new map is projected to increase that number to 24. Four Democrat-held seats will be most affected, with Reps. Kathy Castor, Lois Frankel, Darren Soto, and Debbie Wasserman Schultz facing markedly different maps and Rep. Jared Moskowitz in a new district.
🚨Florida voters are being denied any say on the new electoral maps. Ron DeSantis knows they won’t go for it, which is why he’s bypassing them — just like they did in Texas. This is actually ILLEGAL. In California and Virginia, voters got to decide.#StopIllegalFloridaMaps
[image or embed]
— Jon Cooper (@joncooper-us.bsky.social) April 27, 2026 at 12:19 PM
However, the mid-decade partisan redistricting is expressly illegal under Florida's Constitution, which states in Section 20 of Article II that “no apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party.”
While Republicans claim the new maps are racially neutral, state Rep. Anna Eskamani (D-42) called that assertion "obvious horseshit."
"The map goes out of its way to split up the growing Puerto Rican population in Central Florida between multiple districts. It's racial cracking at a textbook level," she said, referring to the practice of drawing maps so that minority communities are spread across multiple districts, depriving them of the opportunity to form effective voting blocs.
Republicans lost a HUGE special election in Florida and now they're determined to CHEAT in the November election by rigging the maps in a back room deal. Florida voters banned partisan political maps 15 years ago.DO NOT STANDBY AND LET THEM.#StopIllegalFloridaMaps
— Grant Stern (@grantstern.bsky.social) April 27, 2026 at 1:38 PM
US House Minority Leader Hakeem Jeffries (D-NY) warned last week that Florida's move could backfire.
"If Florida Republicans proceed with this illegal scheme, they will only create more prime pick-up opportunities for Democrats," Jeffries said. "We are prepared to take them all on, and we are prepared to win.”
National and state Democrats are already vowing legal challenges to Florida's plan.
“If DeSantis forces this unconstitutional gerrymander forward in Florida, it won’t be because the voters asked him to,” National Democratic Redistricting Committee president John Bisognano said Monday. "Republicans will only have themselves to blame when they face resistance in the courtroom and at the ballot box for this egregious power grab.”
"Poll after poll has shown that the overwhelming majority of Floridian voters do not want a mid-decade gerrymander," Bisognano added. "They aren’t alone. Local editorial boards across the state are slamming this blatantly partisan power grab."
The gerrymandering war kicked off last year when, under pressure from President Donald Trump, the Republican-controlled Texas Legislature redrew the state's congressional map in a bid to eliminate all Democratic districts. The right-wing US Supreme Court gave Texas its blessing to use the rigged map in a ruling last December.
Texas' move was countered last November when California voters approved redrawn districts favoring Democrats.
Since then, Republican-controlled legislatures in states including Missouri and North Carolina and Democratic-controlled states like Virginia, Maryland, and Washington have redrawn or are in the process of redrawing their congressional maps.
Last week, a district court judge subsequently blocked Virginia's new map a day after it was approved, setting up a battle in the state Supreme Court.
Responding to last week's voter-approved redistricting in Virginia, former US Attorney General Eric Holder noted major differences between the bottom-up redraws in Democratic states and top-down rigging by Republicans.
“The mere existence of this special election stands in stark contrast to the gerrymanders forced on constituents in Texas, Missouri, and North Carolina and shows that voters are tired of Republican attempts to silence their power at the voting booth," Holder said.
All Voting Is Local Action Florida state director Brad Ashwell said in a statement Monday that "it is clear that the end goal in this state is to redraw maps in order to give one party an advantage over another, essentially putting partisan politics over the voters."
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This isn't Desantis' first foray into gerrymandering. A state judge in 2022 invalidated parts of a previously redrawn congressional map, siding with plaintiffs in a lawsuit who argued that Republicans violated the state Constitution by racially rigging districts. However, in 2024 a federal appellate panel ruled that Florida could proceed with use of the map.
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Study Shows Trump's Tightened Embargo on Cuba 'Has Killed a Lot of Babies'
“The question is how many more babies will have to die before the current economic siege against Cuba is lifted.”
Apr 27, 2026
The publication Monday of another report showing that President Donald Trump's tightening of the 65-year US embargo of Cuba over his two terms in office is "likely the primary cause of a major increase in infant mortality" on the economically besieged island prompted renewed calls for the lifting of deadly sanctions.
The report by Alexander Main, Joe Sammut, Mark Weisbrot, and Guillaume Long of the Center for Economic Policy and Research (CEPR) found an "unprecedented increase" in Cuba’s infant mortality rate (IMR), which soared 148% between 2018 and 2025.
In the early-to-mid 2010s, Cuba’s IRM was typically around 4–5 deaths per 1,000 live births, with the country regularly ranked in the top 10-15 nations with the lowest infant mortality. By 2025, the figure had soared to 9.9 deaths out of every 1,000 infants born alive.
The report's authors said that had Cuba's IMR remained unchanged since 2018, roughly 1,800 fewer babies would have died.
“The blockade has had a particularly dire effect on Cuba’s healthcare infrastructure, with frequent power outages interrupting the use of critical equipment for the treatment of patients, including incubators for premature babies, and ventilators to help sick newborns breathe,” said Sammut, CEPR's senior research fellow.
The report examines the social and economic consequences of Trump's tightened sanctions regime, focusing on the impact of the embargo on Cuba’s healthcare sector.
According to CEPR:
Trump administration pressure on Cuba has included restrictions that have sharply diminished the island’s important tourism sector; severely limited exports of goods to Cuba—including essential medication and medical equipment; cut Cuba’s access to international financial markets by putting the country back on the State Sponsors of Terrorism list; curbed remittances; pressured countries to end their partnerships with Cuba’s medical missions; and notably imposed a recent fuel blockade that prevents Venezuelan oil from reaching the island.
Trump has recently ratcheted up military threats and economic pressure on Cuba, which was already reeling from decades of US sanctions and the inefficiencies of centralized state control. His tightened embargo has severely restricted fuel imports, exacerbating an energy emergency characterized by blackouts and deadly suffering among the most vulnerable Cubans, including sick people and children.
“The Trump policy of ‘maximum pressure’ on Cuba has killed a lot of babies—and, although we don’t yet have data for the last few months, it’s highly likely that more babies are dying now, and at an even higher rate than last year as a result of the current US fuel blockade targeting Cuba,” said Main, CEPR's director of international policy. “The question is how many more babies will have to die before the current economic siege against Cuba is lifted.”
It's not just babies. As Common Dreams reported last month, nearly 100,000 Cubans—including 11,000 children—werer waiting for surgery. Childhood cancer survival rates have also fallen significantly.
"The sanctions on Cuba starkly illustrate how these economic sanctions work: They target the civilian population, often with the goal of provoking regime change,” said Weisbrot, CEPR's co-director. “This can dramatically increase death rates."
During his first term, Trump began rolling back the Obama administration’s diplomatic normalization with Cuba's socialist government. He activated a provision of the Helms-Burton Act allowing lawsuits over property confiscated after the Cuban Revolution, and on his last day in office he redesignated Cuba a state sponsor of terrorism.
Critics denounced the move as absurd, especially given that Cuba has never carried out any acts of terrorism—unlike the United States and the militant Cuban exiles it harbors, who have a decadeslong record of terrorist bombings and other attacks, as well as numerous failed or aborted attempts to assassinate former revolutionary leader Fidel Castro.
The United Nations General Assembly has overwhelmingly condemned the blockade—which Cuba's government says has cost the island more than $1 trillion—33 times.
“The collective punishment of civilians is prohibited by the Fourth Geneva Convention when there is armed conflict, and can be prosecuted as a war crime," Weisbrot noted. "This would appear to be applicable now that the current naval blockade involves the US military.”
Previous reports have sounded the alarm on Cuba's rising IMR, including a United Nations Inter-Agency Group for Child Mortality Estimation published in February that put the 2025 infant mortality rate a 7.4, considerably lower than the CEPR analysis. The British Medical Journal Pediatrics Open in February reported a 9.9 IMR for Cuba.
The IMR surge comes amid reporting that the Pentagon is “quietly ramping up” preparations to wage war on Cuba, which would be the 11th country attacked by Trump, the self-proclaimed president of peace, the most of any US leader ever.
US Sens. Tim Kaine (D-Va.), Adam Schiff (D-Calif.), and Ruben Gallego (D-Ariz.) introduced a war powers resolution aimed at preventing Trump from attacking Cuba without congressional authorization as required by law. The resolution could be put to a vote as soon as Tuesday.
Numerous war powers resolutions related to Iran, Venezuela, and Trump’s extralegal high seas boat bombings have failed to pass.
World leaders, activists, and academics are among those urging the US to lift the embargo on Cuba.
"Stop this damned blockade on Cuba and let the Cuban people live their lives," Brazilian President Luiz Inácio Lula da Silva said last week in Barcelona. "Cuba has problems. But they are Cuba's problems. Not Lula's. Not Trump's. Not the empire's."
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