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For Immediate Release
November, 28 2016, 02:45pm EDT
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
Report on US Killer Robots Warns of 'Reckless, Dangerous Arms Race'
"All signs point to the Pentagon developing 'killer robots' via Replicator, despite deflections from Pentagon representatives themselves," according to Public Citizen.
Nov 22, 2024
A report from the government watchdog Public Citizen released Friday gives the who, what, when, where, and why of the Pentagon's flagship Replicator initiative—a program to increase the number of weapons, particularly drones, in the hands of the U.S. military.
In the report, Public Citizen re-ups concerns about one particular aspect of the program. According to the report's author, Savannah Wooten, the Defense Department has remained ambiguous on the question of whether it is developing artificial intelligence weapons that can "deploy lethal force autonomously—without a human authorizing the specific use of force in a specific context." These types of weapons are also known as "killer robots."
"It is not yet clear whether or not these technologies are designed, tested, or intended for killing," according to the report.
"All signs point to the Pentagon developing 'killer robots' via Replicator, despite deflections from Pentagon representatives themselves," wrote Wooten in the summary of the report.
The program, which was announced last year, is part of the Department of Defense's plan to deter China.
"Replicator is meant to help us overcome [China's] biggest advantage, which is mass. More ships. More missiles. More people," said Deputy Secretary of Defense Kathleen Hicks in a speech announcing the project last year. That mission will be achieved specifically by "mastering the technology of tomorrow," Hicks said.
There will soon be a "Replicator 2.0" that will focus on counter-drone technologies—per a memo from the defense secretary released in September—according to Public Citizen's report.
In a letter sent in March, Public Citizen and 13 other civil society groups highlighted remarks Hicks made in 2023 as an example of the ambiguity the Pentagon has created around the issue.
"Autonomous weapons are inherently dehumanizing and unethical, no matter whether a human is 'ultimately' responsible for the use of force or not. Deploying lethal artificial intelligence weapons in battlefield conditions necessarily means inserting them into novel conditions for which they have not been programmed, an invitation for disastrous outcomes," the organizations wrote to Hicks and Secretary of Defense Lloyd Austin.
Wooten's report reiterates that same call: "The Pentagon owes Americans clarity about its own role in advancing the autonomous weapons arms race via Replicator, as well as a detailed plan for ensuring it does not open a Pandora’s Box of new, lethal weapons on the world by refusing to hold its own operations accountable."
Additionally, "'Artificial intelligence' should not be used as a catchall justification to summon billions more in Pentagon spending, especially when the existing annual budget for the U.S. military already dwarfs every other U.S. agency and is careening towards the $1 trillion mark," Wooten wrote.
The fear that these types of weapons would open a Pandora's Box—and set off a "reckless, dangerous arms race," as Public Citizen warned of Friday—is not new. Back in 2017, dozens of artificial intelligence and robotics experts published a letter urging the United Nations to ban the development and use of so-called killer robots. As drone warfare has grown, those calls have continued.
The report also highlights the public statements of the head of one defense contractor that has been selected to produce for the Replicator initiative as a hint that the program is aimed at creating weapons that are capable of autonomous lethal force.
In early October, CEO of Anduril Palmer Luckey said that, "societies have always needed a warrior class that is enthused and excited about enacting violence on others in pursuit of good aims."
"You need people like me who are sick in that way and who don't lose any sleep making tools of violence in order to preserve freedom," he said.
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"What we're seeing here in Texas with these lessons is a larger national push to promote the idea that American identity and Christian identity are woven together, are one in the same," said one professor.
Nov 22, 2024
Parents, teachers, and other critics of Christian nationalism were outraged by a Texas board's Friday vote to approve a "Bible-infused" curriculum for elementary school students—part of a broader right-wing push to force Christianity into public education.
"They chose politics over what's best for students, promoting an evangelical Christian religious perspective and undermining the freedom of families to direct the religious education of their own children," declared the Texas Freedom Network, accusing the State Board of Education (SBOE) of ignoring warnings from religious studies experts, national media attention, and overwhelming negative feedback from the people they're elected to serve."
Like a preliminary vote Tuesday, eight of the SBOE's 15 members voted to approve Bluebonnet Learning, instructional materials proposed by the Texas Education Agency. Three Republicans joined all four Democrats in opposing the curriculum. The deciding vote in favor of it was cast by Leslie Recine, a Republican recently appointed by GOP Gov. Greg Abbott to temporarily fill a vacant seat.
"In a state as diverse as Texas, home to millions of people from countless faiths and beliefs, the Texas Republicans on the State Board of Education voted to incorporate Biblical teachings into the state curriculum—completely undermining religious freedom," said Texas Democratic Party Chair Gilberto Hinojosa in a statement after the final vote.
"This move has ultimately violated parents' rights to guide their children's faith while presenting teachers with additional needless challenges," Hinojosa argued. "Our public schools should be focused on equipping students with the education and skills they need to succeed beyond grade school whether it's pursuing a higher education or entering the workforce. The teaching of religious doctrine should stay in our places of worship where it belongs."
Although the curriculum isn't required, The Texas Tribunereported, "the state will offer an incentive of $60 per student to districts that adopt the lessons, which could appeal to some as schools struggle financially after several years without a significant raise in state funding."
"Christian nationalists have bought their way into every governing body of the state, including the SBOE. And they will not stop with inserting Biblical content in English textbooks."
Bluebonnet Learning features lessons from Christianity in reading and language arts materials for kindergarten through fifth grade.
"This curriculum is not age-appropriate or subject matter appropriate in the way that it presents these Bible stories," Amanda Tyler, executive director of the Baptist Joint Committee for Religious Liberty, toldThe Associated Press. Children who would read the material, she said, "are simply too young to tell the difference between what is a faith claim and what is a matter of fact."
Zeph Capo, president of the Texas arm of the American Federation of Teachers, urged districts "to resist the dollars dangled before them and refuse to use Bluebonnet Learning materials," arguing that they violate the code of ethics for the state's educators and "the separation of church and state by infusing lessons with Bible-based references more appropriate for Sunday Schools than public schools."
"Moreover, they are assaults on the academic freedom of our classrooms and the sanctity of the teaching profession," he said in a Friday statement. "We have a duty as teachers to make our teaching and learning materials accessible and inclusive of all students in our classrooms. These prescriptive materials cannot meet all learners in all contexts; in fact, they make no effort to do so."
"Perhaps what's most insulting about today's vote is that these materials are not just inappropriate—they're bad at what they proclaim to do. Instructional experts have expressed deep concerns about the age-appropriateness of the materials and whether they will be effective reading instruction," Capo continued. "In short, this is a push coming from idealogues, rather than anyone with expertise in educational best practices."
Noting the current "moment of profound political division," the union leader added that the vote "is the latest evidence that Christian nationalists have bought their way into every governing body of the state, including the SBOE. And they will not stop with inserting Biblical content in English textbooks. We can anticipate what will come next, whether that's the erasure of contributions of marginalized populations in social studies or the minimalization of climate change in science."
The curriculum push coincides with an SBOE effort to restrict library materials. The ACLU of Texas said on social media that "the same politicians censoring what students can read now want to impose state-sponsored religion onto our public schools."
The Tribunereported Thursday that "10 members on the board responsible for determining what Texas' 5.5 million public schoolchildren learn in the classroom voted to call on the Texas Legislature, which convenes in January, to pass a state law granting them authority to determine what books are appropriate for school-age children."
Earlier this week, Mark Chancey, a religious studies professor at Southern Methodist University, toldFox 4 that he supports teaching religion in public schools, but in a fair and unbiased way, and he doesn't agree with the state proposal.
"I think it would be unfortunate to approve these lessons in their current form," he said. "Public schools should reflect the religious diversity of our state. And when teaching about religion, not privilege one religious tradition over others."
"What we're seeing here in Texas with these lessons is a larger national push to promote the idea that American identity and Christian identity are woven together, are one in the same," Chancey pointed out.
For example, in Oklahoma, Superintendent of Public Instruction Ryan Walters has set out to put Bibles—specifically, a pricey one peddled by U.S. President-elect Donald Trump—in every classroom in the state. In a recent appearance on CNN, Walters said that "President Trump has a clear mandate. He wants prayer back in school. He wants radical leftism out of the classroom, wants our kids to be patriotic, wants parents back in charge with school choice."
Meanwhile, in Louisiana, state lawmakers passed legislation requiring every public school classroom to display, in large font, a Protestant version of the Ten Commandments. Earlier this month, a judge prohibited enforcement of that requirement, which was on track to take effect in January.
At the federal level, Trump—who is set to return to the White House in January—has advocated for dismantling the U.S. Department of Education. For now, he has named Linda McMahon, a former wrestling executive accused of enabling sexual abuse of children, as his pick for education secretary.
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"This is someone accused of ignoring rampant sexual abuse under her watch," said one advocate. "It's an insult to survivors and a blatant attack on the safety of students nationwide."
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A group that combats sexual violence on campuses was among those speaking out on Friday against U.S. President-elect Donald Trump's nomination of former wrestling entertainment executive Linda McMahon for education secretary, warning that her own sexual abuse scandal makes her an "appalling" choice to lead the department tasked with protecting students from discrimination and violence.
Kenyora Parham, CEO of End Rape on Campus, said McMahon's "documented history of enabling sexual abuse of children and sweeping sexual violence under the rug" is "disqualifying" for a nominee to lead the Department of Education.
Parham was referring to a lawsuit that was filed in October by five anonymous plaintiffs in Maryland, which alleges that while McMahon was the CEO of World Wrestling Entertainment (WWE) in the 1980s, she and other executives enabled "open and rampant" grooming and sexual abuse of the company's teenaged "ring boys" by announcer Mel Phillips and others.
The lawsuit alleges that McMahon and her now-estranged husband, WWE co-founder Vince McMahon, knew that Phillips was recruiting boys as young as 12 to work as stagehands and then sexually exploiting them, sometimes in front of wrestlers and executives in the locker area. WWE wrestlers Pat Patterson and Terry Garvin are also named as abusers.
The plaintiffs said they were between the ages of 13-15 when they were abused, and that the McMahons were aware of the sexual exploitation. According to the lawsuit, Vince McMahon admitted the couple was aware of Phillips' "peculiar and unnatural interest" in young boys, and the McMahons fired him briefly in 1988 over allegations of sexual abuse.
They "rehired him six weeks later on the condition that he 'steer clear from kids,'" according to the lawsuit, but the exploitation continued.
Parham spoke out a day after she and other rights advocates celebrated the news that former Rep. Matt Gaetz, who Trump had nominated to be attorney general, was withdrawing from consideration amid allegations that he paid to have sex with a 17-year-old, which were the subject of an investigation by the House Ethics Committee.
"Now can we get Linda McMahon to withdraw her appointment as secretary of education, too?" said Parham on Thursday.
Pete Hegseth, a former Fox News host who Trump has nominated to be defense secretary, has also been accused of sexual assault, the details of which were revealed in a police report that was made public this week. Robert F. Kennedy Jr., who Trump nominated to lead the Health and Human Services Department, has been accused by his children's former babysitter of sexual abuse.
Billionaire entrepreneur Elon Musk, who Trump has named to run his Department of Government Efficiency, has been named in a lawsuit filed by former SpaceX employees who alleged sexual harassment at work. Trump himself was found liable last year for sexual abuse in a case filed by writer E. Jean Carroll.
Putting McMahon in charge of overseeing Title IX protections, which prohibits sex discrimination and sexual harassment and assault at schools that receive federal funding, "is like handing keys to an arsonist to run the fire department," said Caroline Ciccone, president of government watchdog Accountable.US.
"Donald Trump's nomination of Linda McMahon to lead the Department of Education is indefensible," said Ciccone. "This is someone accused of ignoring rampant sexual abuse under her watch... It's an insult to survivors and a blatant attack on the safety of students nationwide."
Trump chose McMahon to lead the Education Department after President Joe Biden expanded Title IX protections to cover discrimination on the basis of gender identity and sexual orientation. Trump has pledged to roll back the expanded policy, and has called for the entire department to be dismantled.
"McMahon and her colleagues were reportedly aware of abuse happening right under their noses—and they did nothing," Ciccone said. "Now she's been chosen to oversee, and likely overhaul, the very protections designed to stop this kind of harm? The Senate must put an end to this sham of a nomination. She lacks the experience, the judgment, and the track record to protect students from harm."
Parham said McMahon's nomination signals "a calculated agenda to dismantle the protections afforded by Title IX."
"Appointing someone with such a compromised background is a direct attack on these hard-won rights and threatens to leave countless students vulnerable," she said. "We urge policymakers and fellow advocates to unite against this nomination and demand accountability—to join us in this critical fight to uphold and strengthen the protections that every student deserves."
"It is imperative that leaders are appointed who will genuinely champion the safety and rights of every student," she added, "regardless of their identity and background."
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