Vanessa Dundon v. Kyle Kirchmeier, No. 17-1306 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Beam and Shepherd, Circuit Judges] Civil case - Injunctions. This appeal in an action seeking to enjoin the use of excessive force against demonstrators protesting the Dakota Access Pipeline was not rendered moot by the completion of any portion of the pipeline; the district court's order denying injunctive relief was not an abuse of discretion.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1306 ___________________________ Vanessa Dundon; Jade Kalikolehuaokal Wool; Crystal Wilson; David Demo; Guy Dullknife, III; Mariah Marie Bruce; Frank Finan; Israel Hoagland-Lynn; Noah Michael Treanor, on behalf of themselves and all similarly-situated persons lllllllllllllllllllll Plaintiffs - Appellants v. Kyle Kirchmeier; Morton County; City of Mandan; Jason Ziegler; Stutsman County; Chad Kaiser; Does 1-100 lllllllllllllllllllll Defendants - Appellees -----------------------------American Civil Liberties Union of North Dakota; American Civil Liberties Union of South Dakota lllllllllllllllllllllAmici on Behalf of Appellant(s) ____________ Appeal from United States District Court for the District of North Dakota - Bismarck ____________ Submitted: October 18, 2017 Filed: November 14, 2017 [Unpublished] _____________ Before WOLLMAN, BEAM, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Appellants appeal the district court's1 denial of their motion for a preliminary injunction, wherein they sought an order prohibiting the appellees from using excessive force in responding to pipeline protests and prayer ceremonies. We have carefully reviewed the record and the parties' arguments on appeal, and have ensured that this dispute was not rendered moot by the completion of any portion of the Dakota Access Pipeline in North Dakota. We likewise have thoroughly reviewed the district court's analysis of the Dataphase factors in its well-reasoned opinion and find no abuse of discretion in the court's denial of injunctive relief. The judgment is affirmed. See 8th Cir. R. 47B; see also Dataphase Sys., Inc. v. CL Sys., Inc., 640 F.2d 109, 114 (8th Cir. 1981) (setting out factors court must weigh to determine whether to grant or deny a preliminary injunction); Coyne's & Co., Inc. v. Enesco, LLC, 553 F.3d 1128, 1131 (8th Cir. 2009) (standard of review). ______________________________ 1 The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota. -2-
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