November 27, 2024

ACLU-MN Files Amicus in case of Excessive Force Against Protester

During an Enbridge Line 3 Pipeline protest in 2021, a Wright County sheriff deputy shot Joshua Hollamon in the head three times with pepperball bullets, causing serious injuries.

We filed an amicus brief on Friday, November 22, in Hollamon v. County of Wright, which is before the Court of Appeals. We believe that the district court's ruling in favor of Wright County Sergeant Dustin Miller should be reversed, as Miller used excessive force against Hollamon and should not be entitled to qualified immunity. 

This case is not only about the Fourth Amendment's protection from excessive force by law enforcement. It is also about the long tradition of law enforcement officers using disproportionate force against protestors, and the threat that poses to American democracy. Political protesters engaged in non-violent civil disobedience understand that they may be arrested; they are, after all, breaking existing laws (which they often hope to change). But they do not expect, and are entitled to protection from, overreaction and violence from law enforcement under the Fourth Amendment’s guarantee to be free from unreasonable search and seizure.