ND Pipeline Protesters Ask 8th Circ. To Reject Police Appeal

Law360 (October 22, 2020, 5:33 PM EDT) -- A group of Dakota Access pipeline protesters have said it's too soon for the Eighth Circuit to review a discovery order in a proposed class action alleging law enforcement used excessive force during a protest. 

The protesters told the court Wednesday it's inappropriate for law enforcement individuals to ask for an interlocutory appeal when the underlying issue hasn't yet been decided by the lower court. The trial court judge simply declined to decide a motion to dismiss right away and allowed for some discovery, making an appeal premature, they said.

At issue is whether Morton County Sheriff Kyle Kirchmeier and several others...

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