BISMARCK, ND (KXNET) — A 2017 Dakota Access Pipeline protestor's complaint against Morton County is back in North Dakota District Court. Eric Poemoceah, an Oklahoma resident and member of the Commanche Nation, was at the site of the on-going protests against the Dakota Access Pipeline project, or DAPL, on February 22, 2017. 2017 DAPL protests. (File photo) Protestors argued a section of the pipeline that crosses upstream of the Standing Rock reservation under Lake Oahe, a reservoir section of the Missouri River, could contaminate the reservation's water supply if the pipeline leaked or spilled. Poemoceah claimed in court papers he was acting as a "water protector," peacefully protesting the pipeline. Around 4:20 p.m., he says he approached a group of law enforcement officers in riot gear in the hopes of getting passage for a group of elders away from the protest site. Instead, he claims, he was tackled and arrested by officers, sustaining injuries, including a pelvic fracture, and was charged with obstruction of a government function, a charge that was later dismissed. The complaint named Morton County, Morton County Sheriff Kyle Kirchmeier, and Bismarck police officer Benjamin Swenson, the officer who tackled Poemoceah, as defendants. The Morton County Sheriff's Office, which had deputized Swenson during the protests, denied any wrongdoing. Poemoceah also made numerous other claims related to his perceived assault and arrest. The U.S. District Court in North Dakota dismissed the complaint. Poemoceah appealed, and the 8th Circuit Court of Appeals on September 25 reinstated Poemoceah's claim of a violation of his Fourth Amendment right against unreasonable search and seizure, based on a review of the evidence. "Poemoceah alleged that he was unarmed and peacefully attempting to negotiate the safe passage of elders from the site of the protest when he 'advanced slightly (a couple of feet),'" the court noted in its ruling. "He also 'remained at a respectful distance and did not make any sudden movements.' Based on these allegations, we have difficulty concluding that it was objectively reasonable for an officer to believe that Poemoceah posed a threat. ... Viewing the factual allegations as a whole and drawing all inferences in his favor, Poemoceah plausibly alleges a Fourth Amendment excessive force claim against Swenson. And Poemoceah’s right to be free from excessive force was clearly established in 2017." The 8th Circuit Court sent Poemoceah’s Fourth Amendment claim back to the District Court in North Dakota for further proceedings. The dismissals of Poemoceah's numerous other claims in his complaint by the District Court were upheld by the 8th Circuit Court. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now Today's Top Stories SIGN UP NOW