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Dundon v. Kirchmeier Class Action
Class action on behalf of Water Protectors for excessive police force at Backwater Bridge on November 20, 2016, seeking accountability for militarized suppression of peaceful protest.
- On November 20, 2016, during the height of the #NoDAPL movement, hundreds of Water Protectors gathered at Backwater Bridge along Highway 1806 to call attention to the dangers posed by the Dakota Access Pipeline and to demand respect for the sovereignty and treaty rights of the Standing Rock Sioux Tribe. That night, law enforcement from multiple jurisdictions launched a sustained assault using water cannons in freezing temperatures, chemical irritants, tear gas, rubber bullets, concussion grenades, and other impact munitions. More than 200 people were injured, dozens were hospitalized, and several individuals suffered permanent physical harm.
In 2017, nine Water Protectors—representing a class of hundreds—filed Dundon v. Kirchmeier, a federal civil rights lawsuit challenging the unconstitutional use of excessive force and the coordinated militarization of policing against Indigenous resistance. Water Protector Legal Collective served as counsel throughout six years of litigation, building an extensive evidentiary record documenting the weapons used, the chain of command, and the state and federal collaboration driving the response at Standing Rock.
Although the lawsuit did not prevail on the merits, Dundon v. Kirchmeier represents one of the most comprehensive legal efforts to expose the scale of state violence deployed to protect extractive infrastructure. The case remains a critical piece of the historical record and continues to shape legal, academic, and policy discussions around police militarization, crowd-control weapons, and the criminalization of environmental and Indigenous movements.
WPLC continues to ensure that the experiences of Water Protectors harmed that night remain visible and that the lessons learned inform ongoing advocacy for accountability, treaty rights, and the right to protest.
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